Code RA policy

No Application for Building Regulations Consent Submitted for Work Carried Out

There are occasions when building work will commence before plans applying for Building Regulations consent have been submitted to the Council.

When this happens, it becomes no longer possible for the owner or the person carrying out the work to submit a Full Plans application or a Building Notice as, legally, a pre-requisite for that is that there is an intention to carry out building work. This cannot be the case for work that is already underway.

In these circumstances, the policy of the Council is:

• To write to the owner of the building work stating that a Regularisation Application must be made where works building work is still in progress or has been completed within the last 24 months, where older than this but carried out on or after 11th November 1985 we will invite an application.
• If building work is still in progress or has been completed within the last 24 months, the Council's Building Control Surveyor will make inspections of the work to record, so far as is possible, what has been done. Such inspections do not constitute approval of the work. The Building Control Surveyor will also advise of any work that should be opened up for inspection (see Policy) and also indicate how any work that is in contravention of the technical requirements of the Building Regulations should be corrected (see Policy). Once a Regularisation Application has been submitted and accepted, and provided that the building work complies with the technical requirements of the Building Regulations, a Regularisation Certificate will be issued. The Council reserves the right however to instigate prosecution proceedings against the owner or the person who has carried out the work due to the fact that the Building Regulations were originally contravened. If a Regularisation application is not forthcoming, a breach of the procedural requirements of the Building Regulations will also have occurred in that neither the owner nor the person carrying out the work will have submitted such plans as are necessary to show that the work being carried out complies with the regulations. On this basis, again the Council will consider bringing prosecution proceedings against either or both. Also, the facts of the matter will be recorded on the Council's Property Register and revealed to future purchasers during Searches should the property ever be marketed for sale.
• If building work was completed over 24 months ago, submission of a Regularisation Application is optional but is applicable where the work was carried out on or after 11th November 1985.

However, It Is Important to Realise That Contraventions of the Technical Requirements of the Building Regulations May Exist That Could Render the Building Dangerous to Occupy. Also, It Is the Council's Policy to Record the Facts of the Matter on the Council's Property Register to Reveal to Future Purchasers During Searches Should the Property Ever Be Marketed for Sale.  An Indenmity Insurance Is Often Offered but This Does Not Protect Against the Work Being Sub Standard or Dangerous.