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Code CND policy

'Terms of conditional approval of full plans application not complied with for work carried out'

Section 16 of the Building Act 1984 permits us to approve plans submitted for building regulations consent subject to conditions that either certain further information will be submitted at a later time.


Exemptions

All necessary details showing that the building work will comply with the building regulations should ideally be submitted at the time the application is made but we are aware that this is not always possible.

An example of this could be that details and structural calculations showing compliance of roof trusses with the requirements of the building regulations for structural stability may not be available from the supplier until later on in the project.

In cases such as this, we may approve the plans subject to the required information being submitted later, but before work on the roof structure commences. In this way, building work associated with the earlier stages of the project, eg construction of foundations, will not be held up unnecessarily.


Failure to comply

It is essential that the terms of any conditions decided upon are complied with. Failure to do this has the following consequences:

  • the Building Control Surveyor will be unable to determine that the work complies with the technical requirements of the building regulations and so will be unable to issue a Certificate of Completion for the work.
  • a breach of the procedural requirements of the building regulations will have occurred.

If this situation arises, it is our policy to write to the owner of the building work and request that conditions be complied with. If no response is received we will consider bringing prosecution proceedings against either or both, the owner of the building work, or the person who has carried it out.

The facts of the matter will also be recorded on our Property Register and revealed to future purchasers should the property ever be marketed for sale.

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