Contraventions - What if I Have Not Followed the Rules?

Not following the rules in relation to compliance with the requirements of the Building Regulations can either be classed as Procedural or Substantive.

In general terms, non-compliance with the regulations is a criminal offence for which the Council can, under the provisions of Section 35 of the Building Act 1984, pursue prosecution proceedings against the perpetrator and/or, under Section 36 of the Act, enforcement action against the owner requiring that the work be corrected or removed .

In practice however, the Council does not tend to take this course of action unless the contravention is either very serious, or has been committed wilfully, is the interest of the general public or all attempts to resolve the matter have failed. Instead, we try to communicate the issues to the relevant builder or owner of the work with a view to negotiating a solution.

Types of Contravention and Policies

The following are the most common types of contraventions encountered together with the Council's general policy for each type. This is for guidance only and is without prejudice to any actual actions the Council may take in any particular case.

Often more than one policy is applicable, but the most common instance is where a property is being sold or remortgaged and the surveyor raises issues or questions.  If this is the case then policy 1 below applies and a Regularisation application and fee is required, follow the link to application forms, fees and service policy and fill in the application form.