Enforcement Policy

Context 

Councils have a statutory duty to perform a Building Control function in their geographical districts.  The primary function of Building Control is to contribute to the protection of people’s health and safety in the built environment.  This involves, among other things, enforcing the Building Act 1984, the Building Regulations, and allied legislation.

Purpose and Scope of the Policy

  • To explain ways in which the Building Control service will enforce its powers
  • To set out what those affected by its regulatory responsibilities can expect from the Building Control service
  • To assist Building Control staff in applying enforcement powers

Service Standards 

The basic standards of customer service are set out in the Council’s Building Control Policy, which is available on the Council’s web site.

With regard to Building Control enforcement, overall standards and procedures are set out below.

Building Regulations Contraventions and Unauthorised Work

Contraventions may become apparent during work in progress, at the completion of building work or as a result of separate notification.  Within the resources available, the Building Control service will endeavour to deal with contraventions as follows:

Work, which is the Subject of a Deposited Application:

  • Within five working days of receiving a report of an alleged contravention, an officer will establish the facts. This may include collaboration with other Council services and desktop investigations.
  • Where necessary, a site visit will be carried out to determine the extent of the alleged contravention.
  • Any officer carrying out a site visit will carry official identification and produce it on demand.
  • The investigating officer will explain as clearly as possible, the statutory and legal position to the owner, builder and/or agent (as appropriate).
  • The investigating officer will inform the owner, builder and/or agent (as appropriate) about next steps to be taken by them and the Council.
  • Within five working days of a site visit confirming contravention has occurred, the owner, builder and/or agent (as appropriate), will be informed in writing (letter or e-mail) about the contravention issues and the relevant courses of action and time scales will also be explained.
  • A digital case file will be created to facilitate the recording of all actions taken.
  • Oral communication will be recorded as site notes attached to the relevant case file.
  • Where no contravention has occurred, this will be recorded on the digital case file.
  • Where the work requires the submission of an application, a period of twenty-one days’ grace will be allowed.
  • If an application is not received after twenty-one days have elapsed, a written reminder will be sent to the relevant person.
  • Court proceedings will be initiated when necessary, subject to Building Control becoming wholly satisfied that there is sufficient admissible evidence and that to do so would be in the public interest.

Last Updated on Thursday, September 17, 2020