08 October 2008Occasionally building work may be discovered for which an application has not been made, either through ignorance or as a deliberate attempt to avoid control. In such cases you or your builder will be asked to make an application or enforcement action will be considered.
Whether or not the Council chooses to pursue enforcement at this stage will depend on a number of factors. However, it will always record the unauthorised work by placing a notice on the land charges register. This notice will alert potential buyers and may lead to difficulties when the owner comes to sell the property.
To remove the notice there is a regularisation procedure whereby you may submit a retrospective application for the works carried out. Due to changes in the regulations this option is only open to you if the work began on or after the 11 November 1985. If the work was carried out before this date then a structural engineer or chartered surveyor should be employed to discover if the unauthorised work is structurally sound.
The regularisation procedure
Once the building control section has been alerted of any unauthorised work:
The fee payable for this service carries a 20% penalty above the standard net building notice fee.
Enforcement action is rare, as common sense usually prevails. The building control officer is looking after your interests in ensuring that the building meets health and safety standards and is a fit place in which to live, work or visit.
Contravening building regulations
If work is carried out to a property that does not comply with the building regulations, not only may you be putting yourself at risk from a health and safety point of view, but you may also be liable to enforcement action from the Council. As a last resort the Council has powers to enter a property and alter work and recover any of its costs in doing so.
What happens if I do work without approval?
The Council has to see that building work complies with the regulations, and where possible this is done by advice rather than enforcement. If the work does not comply, you will first be asked to alter (regularise) or remove it.
If you fail to do this, the Council may serve a notice requiring you to do so and you will be liable for the costs.
What happens if I disagree with the notice?
The notice will give you up to 28 days to put right the work. You can seek advice from a suitably qualified person and if you inform the local authority you intend to do this, the 28 day period will be extended to 70 days.
If the report you receive from this person allows the Council to withdraw the notice, the Council may pay the expenses that you have incurred as a result of having been served with the notice.
The Council cannot serve a notice on you if the work that you have carried out is shown on the plans that the local authority approved. A notice to rectify work is suspended if a formal appeal is under consideration by the Secretary of State within the time limit prescribed. If that period has expired and if you have not complied with the notice, no appeal to the Secretary of State can be made. If you start work before the time limit has expired you will forfeit your right of appeal against the Council's decision.
Are there any penalties for contravening the building regulations?
If you contravene the regulations by building without notifying the Council or by carrying out work which does not comply, the Council can prosecute. If you are convicted, you are liable to a penalty not exceeding £5,000 plus £50 for each day the contravention is not put right after you have been convicted.
We would always advise that you check that we have carried out a completion inspection before the builder has finished on site. Contraventions are always easier to put right whilst work is still in progress and, if the builder leaves the site, our only course of action may be against the owner. We will always issue a free completion certificate when we are happy that the works have been completed satisfactorily and all fees have been paid.
For more information, contact the Building Control section.
