Buildings

 
 

Enforcing Building Regulations

Party Walls

If the proposed building work involves a party wall you should be aware of the requirements of The Party Wall, Etc. Act 1996, concerning the rights etc. of building and adjoining owners.

The Department of the Environment publishes an explanatory booklet on the statutory notification procedures, which may be obtained, free of charge, from the DETR Publications Dispatch Centre, Blackhorse Road, London SE99 6TT, (Tel: 020 8691 9191 or Fax: 020 8694 0099).

We have no jurisdiction over the above procedures, except that we may, if requested, appoint a 'third surveyor' where there is disagreement about that choice.

Enforcement

It is a necessary part of the function of WDSS to carry out enforcement action where building work does not comply with the building regulations or there is a danger to the health and safety of either the public or individuals. The main areas of enforcement are:-

  • Non-compliance with the Building Regulations;
  • Dangerous Structures and
  • The Means of Escape in Case of Fire in certain old Buildings
Non-compliance with the Building Regulations

Contravention of the Building Regulations is a criminal offense and action may be taken under Section 35 of the Building Act 1984, against a person who contravenes them. If convicted, that person is liable to be fined up to £5,000 for each offense and may also have to pay a daily fine if the default continues after conviction.

Section 36 of the Building Act allows a Notice to be served requiring the owner: (a) to pull down or remove any work contravening the Regulations or (b) to bring the work into compliance with the Regulations.

Rather than take action for a breach of the Regulations we prefer our customers to work with us to achieve compliance. Formal enforcement action is usually taken as a last resort.