When can a local authority issue an enforcement notice for non compliance of the building regulations?
The local authority may take enforcement action under Section 36 of the Building Act 1984, which is the most common action taken. Building Control may serve a “section 36 notice” requiring rectification of works which do not comply with building regulations within 28 days.
How long can building regulations be enforced?
Under section 35 and section 35(a) of the Building Act 1984, if a person carrying out building work contravenes the building regulations the local authority may prosecute them in the Magistrates Court where an unlimited time may be imposed and such prosecution is possible up to two years after completion of such …
How long is enforcement period for building regulations?
Can you sell a property without building regulations?
The easiest, cheapest and most common way of dealing with a lack of building regulations approval is by purchasing an indemnity insurance policy. An indemnity policy will cover the new owner of the property against costs and losses as the result of the local authority carrying out enforcement action.
Can you get a mortgage without building regulations?
If you are taking out a mortgage on the property, your conveyancing solicitor will need to tell your mortgage lender about any lack of building regulations approval. Your mortgage lender may then require further protection from the risks associated with the potential reduction of value in the property.
Can you sell a house without building regulations?
What happens if no building regs?
The Local Authority will investigate unauthorised work. If the work does not comply, you may be asked to alter or remove it. If you fail to do this, the Local Authority may serve a notice requiring you do so within 28 days, and you will be liable for the costs.
What is the four year rule?
The ‘4 Year Rule’ allows you to make a formal application for a certificate to determine whether your unauthorised use or development can become lawful through the passage of time — rather than compliance with space standards — and can continue without the need for planning permission.
Can I sell my property without building regulations?
While it’s almost impossible to sell a house without building regulations, you could sell an undervalued property to a cash buyer because they won’t be needing to meet the mortgage lender’s criteria.
How long does a builder have to take enforcement action?
It can be used to ensure that applications are made, and that the builder removes defective work. The government has recently changed the legislation and the authority now has up to two years to take enforcement action relating to all new offences. Any action is taken through the magistrates court.
How can the local authority ensure compliance with the building regulations?
Whilst we would always hope that issues could be resolved without the need to resort to formal enforcement action, the local authority has two means of ensuring compliance with the building regulations: This section can be used to fine people who fail to comply with the building regulations.
How long does the authority have to take enforcement action?
The government has recently changed the legislation and the authority now has up to two years to take enforcement action relating to all new offences. Any action is taken through the magistrates court. Section 36 of the Building Act 1984 This allows the authority to remove defective work by way of a notice signed by an authorised officer.
Can building control take action against a builder?
Alternatively, Building Control can take action in the magistrates’ court, and would typically do so against the builder rather than the building owner. These actions tend to be reserved for deliberate or wilful breaches and are not very common.