Building regulations—enforcement
Building regulations—enforcement

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Building regulations—enforcement
  • Brexit impact
  • 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

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.

Brexit impact

This content is likely to be impacted by the UK’s withdrawal from the EU. For further information on the implications of leaving the EU for planning law and practice, see: Brexit—implications for planning law and practice—overview and Practice Note: Brexit—the implications for English and Welsh planning law and practice.

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