Aipedia: Planning consultants

Telling planning clients you use AI

Aipedia, by the Apex broking team · Last reviewed 2026-10-27

Planning consultants should tell clients how they use AI, get consent before putting confidential land or viability data into AI tools, and agree how Planning Inspectorate declarations will be made. Clear terms reduce disputes and support any PI claim defence.

Part of: AI in Planning consultants

In short

There is no confirmed RTPI rule requiring disclosure of AI use, but there are good reasons to tell clients. The Planning Inspectorate guidance requires declarations in evidence, so the client will see AI use disclosed in its own appeal. Land deals and viability appraisals involve confidential information, and putting it into AI tools engages confidentiality and UK GDPR. An engagement letter that explains AI use, the checks applied and the client's choices sets expectations and creates a record. It should avoid promises or indemnities that go beyond the normal duty of care.

Why tell clients

Declarations are public: under the Planning Inspectorate guidance, AI drafting, summarising and image work in evidence must be declared, with references. Clients should not first learn of AI use from a document they are submitting.
Confidentiality: planning submissions are public, but land deals, option terms and viability appraisals are confidential. Putting them into AI tools engages confidentiality duties and UK GDPR.
Professional standards: the RTPI Code of Professional Conduct does not mention AI, but its principles on honesty and integrity support being open with clients.
Disputes: a clear record of what the client agreed makes it harder to argue later that AI use itself was a breach.

What to put in the engagement letter

An AI clause works best if it is specific to planning work. It might cover:

the tasks for which the firm may use AI tools, such as research, first drafts and summarising;
the tasks for which it will not, such as final professional opinions;
that a qualified person checks all AI output and the firm remains responsible for its advice;
how client confidential information is handled, and that it will not be put into public AI tools without consent;
how Planning Inspectorate declarations will be made and that the client will see them before submission;
how the client can ask the firm not to use AI on its matter.

Illustrative wording: "We may use AI tools to assist with research, summarising and first drafts. A qualified planner reviews all such output and we remain responsible for our advice. We will not enter your confidential land, cost or viability information into AI tools that use inputs for training or store them outside our control without your written agreement."

Consent for confidential land and viability data

Viability appraisals and land deal terms are among the most sensitive information a client shares. Before using AI on them, check where the tool processes and stores data, whether inputs are used for training, and whether the appointment or a non-disclosure agreement restricts sharing. Where personal data is involved, UK GDPR requires a lawful basis, transparency and security. Ask for specific written consent rather than relying on general terms. See AI in viability appraisals and S106 talks.

Aligning with PINS declarations

The declaration belongs to the party and its experts. Agree in advance who prepares it, how AI use will be recorded during drafting, and that each expert declares for their own documents. Share draft declarations with the client so there are no surprises. If the client wants to limit AI use for an appeal, agree that early and reflect it in the fee and programme. The PINS AI declaration guide explains what must be declared.

What to avoid

Promising that AI will cut fees or time unless you can deliver it.
Warranting that AI output is error-free, or giving indemnities beyond your normal duty, which PI may not cover (see contractual liability in PI).
Generic clauses copied from other professions that do not mention PINS declarations.
Silence on confidential data.

Records that help with PI

Keep the signed engagement letter, any consent for AI use on confidential data, a note of AI use on each deliverable and who checked it, and copies of declarations. These records help show reasonable care if a claim arises and help your broker present your risk to insurers. Apex's guide on what to document about AI use for PI sets out a fuller list.

How Apex helps

Apex arranges PI for planning consultants and a broker can review whether your engagement terms on AI fit your policy. See the AI in planning consultancy overview and planning consultants PI guide.

Sources

Frequently asked

Do I have to tell planning clients I use AI?

No RTPI rule requiring it has been confirmed. But AI use in evidence to the Planning Inspectorate must be declared, so clients will see it, and confidential data raises consent questions. Telling clients in the engagement letter is good practice and reduces disputes.

Can I put a client's land deal details into an AI tool?

Only with care and, ideally, written consent. Land deal and viability information is commercially confidential and may be covered by a non-disclosure agreement. Check the tool's data handling and whether inputs are used for training before uploading anything.

Should my engagement letter mention Planning Inspectorate declarations?

Yes. Explain that AI use in evidence will be declared as the guidance requires, that each expert declares for their own documents, and that the client will see declarations before submission. This avoids surprises at appeal.

Can a client refuse to let me use AI?

Yes, and the engagement letter should say how to ask. Agree the effect on fees and programme, record the instruction, and make sure everyone working on the matter, including subconsultants and experts, knows. Recording the client's choice also helps if the work is later questioned.

Check your PI covers how you use AI

Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.