Building control enforcement

Failing to comply with the Building Regulations

There are two ways someone may not comply with Building Regulations.

  1. Not following the correct procedures for building work, including not submitting a Building Regulation application prior to starting to build and not notifying the Council at various stages that are required, including start and completion.
  2. Not building to the correct standards laid out by Building Regulations.

How are the Building Regulations enforced?

The Building Regulations are enforced by the Local Authority.

The Council will try to resolve matters by informal means wherever possible.

Where informal means are not appropriate the council may use formal methods, depending on a number of factors which include:

  • The seriousness of the breach.
  • The track record of non-compliance.
  • The continued risk to health, safety or the environment.
  • The effects of non-compliance.
  • The likely effectiveness of enforcement choices.
  • Legislation and guidance issued nationally or locally.
  • The need to consult with other authorities and enforcement bodies.

Formal methods include issuing legal notices to remove, alter or take down building work that doesn’t meet the requirements. They also include taking prosecutions for fines. Fines can be for not following the correct procedures or not building to the right standards.

Such enforcement action will always be transparent, accountable, proportionate, and consistent.

Where an approved inspector is providing the building control service, the responsibility for checking that the Regulations are complied with sits with that inspector. However, if the approved inspector is not satisfied that you have complied with the Building Regulations, they will cancel the notice and notify the Local Authority who can then take enforcement action.

The Council’s Building Control Surveyors follow the LABC Enforcement Policy which sets out more detail on the way it carries out its enforcement duties to protect the public, consumers, workers and the environment.