Building regulations—enforcement
Building regulations—enforcement

The following Property guidance 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
  • Injunction for breaches of Building Regulations
  • S 36 notice requiring removal or alteration of works breaching Building Regulations
  • Implications of non-compliance with Building Regulations for property transactions

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.

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,