Not following the rules of compliance for building regulations is a criminal offence, and this breach is known as a contravention. If a contravention occurs we can enforce action against the owner requiring that the work be corrected or removed.
We prefer not to prosecute for this, however, and will usually only take legal action if the contravention;
- is very serious
- has been committed wilfully
- is the interest of the general public
- 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, along with our general policy for each type. This is for guidance only and is without prejudice to any actual actions we may take in any particular case.
- Policy 1 - No application for Building Regulations consent submitted for building work carried out
- Policy 2 - Work carried out does not comply with the technical requirements
- Policy 3 - Work carried out not in accordance with layout shown on approved plans
- Policy 4 - Work has been carried out without the statutory notification being given
- Policy 5 - Terms of Conditional Approval of Full Plans application not complied with for work carried out
- Policy 6 - Full Plans application submitted for work being carried out but is either invalid, still being processed or rejected
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 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.
Last updated: Mon 29th February, 2016 @ 16:07