Building Reg Enforcement

District councils are obliged to enforce building regulations. They may prescribe qualifications for authorized officers. Authorized officers have the power to enter premises, undertake tests, and inspect buildings for the purpose of exercising their functions.

Generally, three days’ notice is required to enter premises without consent. An application may be made to the justice of the peace authorizing entry. It is an offense to willfully obstruct the person exercising a power of entry.

An authorized officer may carry out tests to verify and test conformity with building regulations. They have the power to require, by notice in writing, persons on whose behalf the work is done or proposed to be done, to carry out such reasonable tests in connection with the work as may be specified. It may require continuing requirements.

A district council may serve a notice termed a contravention notice requiring the pulling down, removal of works, or alterations or additions. A notice may be served on an owner or one or more of the occupiers, the person executing the work, the person causing it to be executed, or another person appearing to have control over the work.

If the person fails to comply with a contravention order within 28 days, the council may pull down the works in question or effect its alterations or additions itself and recover the expense of doing so. A contravention order shall not be served after 18 months from the completion of the work.

Where works are executed in accordance with plans deposited with the council and approved, the council may not serve a contravention notice on the ground that the work contravened the building regulations, provided it is compliant with the particulars required in the plans.

Notwithstanding the above, a district council, attorney general, or other person may apply for an injunction for the removal or alteration of work on the ground that it contravenes building regulations. An injunction may not be granted if the works are undertaken in accordance with plans deposited, then the district council may be ordered to pay compensation, as the court thinks fit.

If within the 28-day period referred to in the contravention notice, a person serves notice of his intention to obtain a written report from a suitably qualified person, and that is obtained and submitted within 56 days, as a result of the reconsideration of the report, the council withdraws the notice, the council may pay the expense reasonably incurred in obtaining the report.

A district council is not entitled to proceed unless the works report is not submitted. It may decide after consideration of the report not to withdraw the contravention notice.

There is a right of appeal against the contravention notice to the Department. Where an appeal is brought, the contravention notices have no effect, pending final determination. The decision of the Department on an appeal is final. A point of law may be taken to the court of appeal.

It is an offense to contravene building regulations. Contravention notices must generally be served within 18 months after work has been completed. The District Council, Attorney General, or others may apply for an injunction for the removal of work that contravenes building regulations.

Building control approval may not be granted retrospectively, even if the work is fully compliant. Some Councils will issue letters of comfort on a discretionary basis to indicate that they have no reason to believe that enforcement proceedings will be brought. This may be necessary in the context of sale and mortgage transactions.

There is provision for a regularisation certificate. This may be useful for the purpose of satisfying a buyer or lender that the works are of the required standard. The Council may examine the works and certify the extent to which they comply with existing regulations.

The Council may require the works to be opened and may test materials and construction.

Building control applications in the previous 10 years should be detailed on the District Council’s property certificate.

An appeal may be made to the Department of the Environment against decisions of the Council. This includes decisions to reject plans, reject applications for relaxation, proposed conditions, or serve a contravention notice.

Contraventions of building regulations or contravention of a contravention notice is an offense. The person is liable for summary conviction or a fine not exceeding level 2 in certain cases or level 5 in other cases. There is provision for further continuing fines not exceeding one-tenth of the level fine for each day.