Building Regulations enforcement - a guide for building owners

• What enforcement action might you take?
• When might you consider enforcement action?
• Who is enforcement action against?
• Can I report illegal work?

As a Local Authority Building Control body we have powers of enforcement given to us through the Building Act 1984. The Building Regulations are a legal obligation placed on any individual or organisation carrying out building work, and any failure to meet these obligations is a criminal offence which could lead to prosecution.

It is our policy to provide a building control service, which gives our customers the necessary support and guidance to help them meet their legal obligations and get it right from the start. However, we do recognise that there are some who will deliberately attempt to circumvent their legal obligations, carrying out building work illegally or to unacceptable quality standards. In these cases enforcement action is often necessary.

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What enforcement action might you take?

We take account of the circumstances when considering which type of enforcement action would be appropriate. Depending on our assessment of the situation, enforcement action falls generally into one of two types:

Informal enforcement

Our surveyors work with the person responsible to have the illegal or sub-standard work brought up to the required standards. It relies on the full co-operation of the person involved, and if successful achieves the required result (a building of the appropriate standard) without the need to resort to formal legal action through the courts. Where appropriate, this is our preferred route.

Formal enforcement

Where necessary, formal enforcement action may consist of either or both of the following:

• The issue of a legal notice setting out the extent of the offending work along with a timescale in which it must be removed or put right
• Prosecution and conviction in the Magistrates Court, where the person responsible may be issued with a substantial fine (increasing each day until the offending work is put right) and a criminal record

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When might you consider enforcement action?

This would be a matter for our judgement in each case, but typically:

• Where the breach is of such a serious nature that punishment through the legal system would seem justified and appropriate
• Where the person(s) responsible have refused to co-operate with the informal enforcement route
• Where the illegal activity is obviously deliberate and has been knowingly carried out
• Where the person responsible is known to have regularly undertaken similar illegal actions in the past

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Who is enforcement action against?

This would vary depending on the circumstances and who exactly is considered responsible for the illegal work. A person may be considered responsible either for having done the work themselves or through having had some direct control over it. This may be the builder or, in some circumstances, the property owner. It may even be both, for example where the builder has acted under direct instruction from the property owner. This would be a matter for our legal team to consider.

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Can I report illegal work?

If you believe there is work being carried out illegally, or you know of works which appear to be below the standards which should be expected, then you can report it to our Building Control Team who will follow it up as appropriate. You can do this anonymously if you prefer.

To report a suspected breach of the Building Regulations please contact us.

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