BLOGS

Firstly, what are building regulations?

The first set of national building standards were introduced in 1965. They are now known as building regulations (and do change over the course of the years) but the regulations set out the following:

·         What types of work qualifies as building work and as such, what falls under the control of the regulations

·         What types of buildings are exempt e.g. temporary buildings

·         The procedures to follow when starting, carrying out and completing buildings works

·         Requirements for specific aspects of building design and construction

Building regulations are designed to protect the environment and the public. For instance, if you carry out structural works or electrical works, you should obtain a building regulations compliance certificate. If you do not comply with building regulations, you will have contravened the same and could be subject to enforcement action being taken against you.

The main areas of enforcements are:

·         Non-compliance with the regulations

·         Dangerous structures

·         Contravention of the regulations

How are building regulations enforced?

Usually, a building inspector or a competent person will inspect building works to check that building regulations have been complied with. Inspectors do not have any enforcement powers but if the works do not comply with the regulations, they will not sign off the works or issue a building regulations compliance certificate.

A local authority has a general duty to enforce the building regulations in its area. In most cases, they will seek to do so by informal means but if this does not achieve compliance then there are two formal enforcement powers available:-

1.    If you are carrying out building work(s) that contravenes the regulations, the local authority may prosecute you in the magistrates court as it is a criminal offence to contravene the regulations. The magistrates court can impose a fine of up to £5,000 for each offence (and an additional £50 for each day the contravention continues). You can be prosecuted up to two years after the completion of the offending work.

This action will usually be against the builder or contractor.

2.    Alternatively, or in addition to, the local authority may serve an enforcement notice on the building owner requiring alteration or removal of the work which contravenes the regulations. If the notice is ignored, the local authority has the power to undertake the remedial works itself and recover the cost from the owner of the building. This kind of notice is known as a Section 36 Notice.

Usually the local authority will give you 28 days to rectify the building work.

You can contest the notice on the grounds that you believe the works do comply with the regulations. Alternatively, you can appeal against the notice in the magistrates court and demonstrate that the works comply.

A Section 36 Notice cannot be served after 12 months has expired from the date of the completion of the building work. This does not however prevent the local authority from applying to the courts for an injunction for the same purpose.

The Building Safety Act 2022 made groundbreaking reforms in relation to building regulations and extended the enforcement time limit for bringing enforcement action from 1 year to 10 years. In addition, it extended the breach being punishable by a fine of £5,000 up to an unlimited fine and/or imprisonment of up to two years.

New provisions allow building control officers to issue compliance notices and stop notices rather than just enforcement notices which are broader in scope.

How does the local authority decide if/what action should be taken?

When deciding what action should be taken in relation to a breach, the seriousness; track record of compliance; risks; effects or non-compliance; likelihood of effectiveness of enforcement; legislation and need to consult with other authorities will all be factors that are taken into account.

Informal action is usually taken when the act is not serious, compliance history is generally good, confidence in management is high and if non-compliance would not pose major risks. Formal action is taken if the breach is serious and there are serious implications to public and environmental safety.

Impact on selling a property

Notwithstanding the possibility of enforcement action, if you do not have a building regulations completion certificate or final certificate this is likely to come to light through the searches a buyer takes out when purchasing a property and can cause problems.

The council can assist with retrospective approval of work by way of a regularisation application if the works have been completed in the last few years and you did not obtain a certificate. Regularisation certificates can generally be issued with minimal disruption to the works although some opening up will generally be required. There is however a risk that the works did not comply and amendments need to be made to ensure the works are compliant with the building regulations.

An alternative is to offer a buyer an indemnity policy against any enforcement action by the local authority. However, whilst this will protect against enforcement it will not confirm the works were building regulations compliant or safe. The cost of insurance is directly linked to the cost of the house and is usually the most straightforward way of dealing with a breach of building regulations on a sale.

It is however important to comply with building regulations when carrying out works to a property and if in doubt as to whether works fall under the regulations, check it out with the local authority.