Q&As

Is there any argument that an owner of a building is responsible for breaches of building regulations or does a tenant taking on a lease take on any past breaches?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 02/02/2018

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is there any argument that an owner of a building is responsible for breaches of building regulations or does a tenant taking on a lease take on any past breaches?

Is there any argument that an owner of a building is responsible for breaches of building regulations or does a tenant taking on a lease take on any past breaches?

The local authority for the relevant area has a duty to enforce compliance with the building regulations. Where works have been carried out on a building, the local authority can take enforcement action under the Buildings Act 1984 (BA 1984) which can lead to a significant fine on conviction following a prosecution under BA 1984, s 35. The limitation period is two years after completion of the work and the action is against the person who carried out the work. The local authority can also within a period of 12 months serve an enforcement or contravention notice on the owner of a building, requiring them to alter or remove work in breach, pursuant to BA 1984, s 36.

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