Enforcing Building Regulations
It is a necessary part of the function of Building Control 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 and dangerous structures.
Health and Safety Executive
The enforcement of site operations is outside the scope of Building Regulations. If you are having construction or refurbishment work done, you may need to notify the Health & Safety Executive (HSE) and you may have other duties as well – find out more here.
Non-compliance with the Building Regulations
Contravention of the Building Regulations is a criminal offence 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 offence 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.
Dangerous Structures
Either through poor maintenance, negligent builder's work or just a force of nature buildings become dangerous to their occupants or passers-by. When we are notifed that a building or similar structure (not trees or highways furniture) is dangerous we will investigate and, if necessary, take action to remove the danger.
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