How are the Building Regulations enforced and can I appeal?

The Building Regulations can be broken by not following the building control procedures set out for handling your building work. They can also be broken by carrying out building work which does not comply with the technical requirements contained in the Building Regulations. This will come to light during the inspections carried out by the building control service.

How Are Building Regulations Enforced?

Enforcement of Building Regulations is primarily the responsibility of the local authority within its jurisdiction. They aim to ensure compliance through informal methods whenever possible, working collaboratively with those involved in building projects.

However, if an approved inspector is overseeing your project, they assume the role of ensuring that the Building Regulations are followed. The inspector primarily advises you on compliance but lacks direct enforcement powers. If they determine that your project doesn't meet the necessary standards, they will withhold the final certificate and notify the local authority by cancelling the initial notice. If no other approved inspector steps in, the responsibility for building control reverts to the local authority, which then gains the power to enforce changes to your work if deemed necessary. 4D Planning can help to produce a set of Building Regulaitons drawings demonstrating full compliance and to ensure that the works, if they follow the drawings, are to achieve a certificate of fitness or Building Control approval certificate.

Should someone violate the Building Regulations, the local authority, or even a private individual, has the right to take legal action. This could result in a court case where the violator faces fines of up to £5,000 for the initial breach, and an additional £50 for each day the violation continues after conviction. These penalties, as outlined in Section 35 of the Building Act 1984, are typically directed at the builder or main contractor, with proceedings required to commence within two years of the project's completion.
In addition to or instead of this legal route, the local authority can issue an enforcement notice under Section 36 of the Building Act. This notice obligates the property owner to modify or remove the non-compliant work. Failure to comply gives the local authority the right to carry out the necessary work and recover the costs from the owner.

It's important to note that an enforcement notice under Section 36 must be issued within 12 months of completing the work. However, this does not prevent the local authority—or any other party—from seeking a court injunction to address the non-compliance. Furthermore, if your work adheres to plans that the local authority either approved or did not reject within the statutory timeframe (five weeks, or two months with your agreement), the authority cannot take enforcement action under Section 36.

In summary, while building regulations enforcement is intended to be collaborative and advisory where possible, there are clear legal pathways to ensure compliance when informal methods fail. The involvement of local authorities and the potential for court action underscore the importance of adhering to the regulations throughout any building project. 4D Planning strongly advise our clients to obtain all building control’s initial approval/ passing of the plans, BEFORE commencing works. If in doubt, please get in touch with us and we will try to help.

What should you do if you disagree with a Local Authority's Enforcement Notice?

When you receive an enforcement notice from your local authority, you're typically given 28 days to address the issue with your building work.

If you believe your work does comply with Building Regulations, you have a couple of options:

1. Commission a Compliance Report:
   You can request an extension to 70 days by informing your local authority that you plan to commission a written report from a qualified expert to prove your work is compliant. If successful, the notice may be withdrawn.

2. Appeal to the Magistrates' Court:
   Alternatively, you can appeal directly to the magistrates' court within 28 days of receiving the notice (or within 70 days if you've opted for the compliance report first). If your appeal is successful, the local authority may cover your costs.

If you believe that strict compliance with Building Regulations is unreasonable or not applicable to your situation, you can apply to your local authority for a relaxation or dispensation of the specific requirements. This application must be made within 28 days of receiving the notice. Should your application be denied, you can appeal the decision—within one month—to the Department for Communities and Local Government (in England) or the Welsh Assembly Government (in Wales).