How are the Building Regulations enforced and can I appeal?

Understanding Building Regulations Enforcement

Breaking the Building Regulations

Failing to follow the building control procedures can lead to breaking the Building Regulations. Such violations may occur if the building work does not meet the technical requirements outlined in the regulations. Inspections by the building control service will uncover these issues.

How Are the Building Regulations Enforced?

Local authorities are responsible for enforcing Building Regulations in their areas. Initially, they use informal methods to address non-compliance. When an approved inspector is involved, they provide advice but lack enforcement powers.

If the approved inspector finds non-compliance, they will not issue a final certificate and will cancel the initial notice. They will inform your local authority of these issues. If another inspector does not take over, the local authority will assume responsibility and gain the power to enforce compliance.

If someone violates the Building Regulations, the local authority or another party might pursue legal action. Fines can reach up to £5,000 for the violation, with an additional £50 for each day the non-compliance continues after conviction.

Enforcement Actions

According to section 35 of the Building Act 1984, legal actions are typically taken against the builder or main contractor within two years of the work’s completion. Additionally, under section 36, the local authority can issue an enforcement notice to the owner, requiring alterations or removal of the non-compliant work. If the owner does not comply, the authority may complete the work and recover the costs.

An enforcement notice cannot be issued more than 12 months after the work’s completion. However, the authority may seek an injunction. Also, enforcement action cannot be taken if the work complies with approved plans or if the authority did not reject the plans within the statutory time frame.

What if You Disagree with a Local Authority’s Enforcement Notice?

Typically, a local authority’s enforcement notice allows 28 days to rectify the building work. If you believe your work complies with the Building Regulations, you can request a written report from a qualified person to convince the authority to withdraw the notice. This request extends the deadline to 70 days.

Alternatively, you can appeal the notice in the magistrates’ court, showing that your work meets the regulations. Appeal within 28 days of receiving the notice, or within 70 days if you requested a written report.

If you succeed, the local authority might need to cover your costs. If you believe the requirements are too onerous or irrelevant, you can apply to the local authority for a relaxation or dispensation. Submit your application within 28 days of receiving the notice. If the authority refuses, you have the right to appeal to the Department for Communities and Local Government (in England) or the Welsh Assembly Government (in Wales) within one month.