Building regulations—enforcement
Building regulations—enforcement

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Building regulations—enforcement
  • General power of LAs to enforce Building Regulations and exemptions from enforcement
  • Informal enforcement routes
  • Regularisation of unauthorised works
  • Powers of entry for enforcement
  • Prosecution for contravening/breaching Building Regulations
  • Time limit for prosecution for contravention/breaches of Building Regulations
  • Injunction for breaches of Building Regulations
  • S 36 notice requiring removal or alteration of works breaching Building Regulations
  • Scope of s 36 notice
  • More...

The Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984). They impose a set of minimum standards on people carrying out certain specified works in or about buildings. Their purpose is to ensure the health and safety of people in and around all types of buildings (ie domestic, commercial and industrial). They also provide for energy conservation and access to and use of buildings. The powers of local authorities (LAs) to enforce the Building Regulations is contained in BA 1984.

This Practice Note provides guidance on the enforcement of Building Regulations. See Practice Note: Obtaining building regulations approval for guidance on when and how Building Regulations approval is obtained.

General power of LAs to enforce Building Regulations and exemptions from enforcement

BA 1984, s 91(2) provides that it is the function of LAs to enforce the Building Regulations in its area. However, this general power is subject to exemptions, which provide that no enforcement can be taken by an LA in respect of:

  1. works carried out by a body exempted from having to comply with the Building Regulations. The Building Regulations currently exempt the Mayor’s Office for Policing and Crime from having to comply with the requirements of the Building Regulations which are not substantive requirements. Substantive requirements are those relating to the design and construction of buildings, the

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