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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 is 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, our policy is:

  • To write to the owner of the building work stating that a Regularisation Application must be made where;
    • work is still in progress
    • has been completed within the last 24 months
    • where work carried out on or after 11th November 1985.
  • If building work is still in progress or has been completed within the last 24 months, our Building Control Surveyor will make inspections of the work to record what has been done. Such inspections do not constitute approval of the work. 
    • Once a Regularisation Application has been submitted and accepted, and provided that the building work complies with the building regulations, a Regularisation Certificate will be issued. We reserve the right 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 necessary plans. On this basis we will consider bringing prosecution proceedings against either or both.
  • 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.


What to consider

It is important to consider that contraventions of the technical requirements of the building regulations may exist that could render the building dangerous to occupy.

Also it is in our policy to record the facts of the matter on our property register, to reveal to future purchasers during searches should the property ever be marketed for sale.

An indemnity insurance is usually offered but this does not protect against the work being sub-standard or dangerous.

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