Building Regulations

If you do not follow the building control procedures set out for handling your building work, or you carry out building work which does not comply with the requirements contained in the building regulations, you will have contravened the regulations.

Where applicable, the client, designer and contractor all have a clear legal duty under section 2A of The Building Regulations 2010¹ to comply with the relevant requirements of the building regulations.

Ignoring the relevant requirements of the building regulations is a criminal offence and may lead to a conviction, an unlimited fine and imprisonment, by the courts.

Prosecution and enforcement notices

A local authority has a general duty and statutory function to enforce the building regulations in its area and will seek to do so by informal means wherever possible. If informal enforcement does not achieve controlled works that are compliant with the relevant requirements of the regulations the local authority has multiple formal enforcement powers which it may use in appropriate cases.

If a person carrying out building work contravenes the building regulations, including failing to obey with a compliance or stop notice, the local authority may prosecute them in the Magistrates' Court or Crown Court where an unlimited fine or imprisonment may be imposed (section 35 of the Building Act 1984²).

Prosecution is possible up to ten years after the completion of the offending work. This action will usually be taken against the person carrying out the work (builder, installer or main contractor).

However, if a client, has not appointed a designer, or contractor, then the legal duties falls back onto the client.

Compliance and stop notices

Local authorities may issue a compliance notice within 12 months of a contravention taking place, requiring non-compliant building work to be remedied within a specified period of time. This involves the recipient taking prescribed steps to fix a contravention and can often be issued while work is ongoing.

If the contravention is deemed to create risk of serious harm unless fixed, then the authority will produce a stop notice (section 36C of The Building Act 1984³). When a stop notice is issued, any work specified in the notice cannot be completed until the breach, or potential breach of building regulations is remedied.

Ignoring a compliance or stop notice issued by a local authority is a criminal offence may lead to a conviction and imprisonment.

Work without permission

If work is completed without the appropriate building control application in place, the authority can require the owner pull down or remove the work by issuing a section 36 notice. Alternatively, the owner can make the necessary alterations to comply with the regulations specified in the notice.

If the owner (or other dutyholder) fails to comply with the compliance or stop notice within 28 days, or a longer period if agreed, the building control authority can remove or alter the work accordingly, with any costs incurred being recovered from the owner.

A section 36 notice can be issued up to 10 years after the completion of the building work.

A local authority cannot take enforcement action under section 36 if the work which you have carried out is in accordance with a valid full plans application.

Appeals against notices

An appeal against a section 35 or 36 notice may be made (within 21 days) to the appropriate court or tribunal under section 39, 40 or 102 of the Building Act⁴.

Use of a registered building control approver service.

Where a registered building control approver (RBCA) is providing the building control service, the responsibility for checking that the building regulations are complied with during the course of your building work will lie with that approver. They will usually do this by advising you.

However, RBCA’s do not have formal enforcement powers. In a situation where the approver considers your building work does not comply with the building regulations and there is a refusal (or failure by the client, designer or contractor) to bring it into compliance, the RBCA will cancel the initial notice, thus potentially returning the work to the local authority. If no other RBCA takes on the work, the building control function will automatically be taken on by your local authority. From this point on, your local authority will also have enforcement powers set out above where it considers this necessary and appropriate.

Impact on Selling the Property

Notwithstanding the possibility of enforcement action, you should bear in mind that if the local authority or registered building control approver considers that building work carried out does not comply with the building regulations and it is not rectified, no completion/final certificate will be issued and this is likely to come to light through a local land search enquiry when you wish to sell your property.

Discovery of unauthorised work

If you discover that there has been controlled building work, carried out in the past, that is unauthorised, you may contact the local authority to discuss how you might be able to obtain a Regularisation Certificate⁵, for that work.

1. https://www.legislation.gov.uk/uksi/2010/2214/part/2A
2. https://www.legislation.gov.uk/ukpga/1984/55/part/I/crossheading/breach-of-building-regulations
3. https://www.legislation.gov.uk/ukpga/1984/55/section/36
4. https://www.legislation.gov.uk/ukpga/1984/55/contents
5. https://www.planningportal.co.uk/applications/building-control-applications/building-control/how-to-get-approval/pre-site-approval/regularisation