Building Reg Procedure

The regulations may prescribe prohibition and prescribe circumstances for carrying out prescribed work of a class involving matters of a prescribed description unless plans have been lodged with the District Council as above. They may make provision for enabling cases where a certificate is required, resolution as to whether a certificate ought to be issued by the Department, and for the Department to give such directions as it sees fit.

A District Council with which plans are deposited in accordance with building regulations shall notify the person by or on behalf of whom plans were deposited whether the council has passed or rejected the plans. Building regulations may specify a period during which plans may be required to be passed or rejected. They may provide for the extension of the period.

A District Council may pass plans in stages. It may require the deposit of further plans as a condition of approval. It may impose conditions for securing the deposit of further plans.

Plans lodged may be passed provisionally, subject to modifications that are necessary to remove defects and avoid contravention. They may provide that if the person agrees with the modification, the plan shall be deemed passed.

Where plans for proposed works are deposited with the District Council and the plans show that the proposed work would include or consist of work to which the Article applies, it may reject the plans notwithstanding that they conform with the regulation or it may fix a period on the expiration of which the work must be removed or if it thinks fit impose conditions with respect to the work, as it considers appropriate.

In relation to works for which plans ought to be deposited with a council but have not been so deposited, and the works appear to the council to include work subject to this condition, then without prejudice to other rights to take proceedings in relation to the contravention, a period may be fixed on the expiration of which work must be removed. Conditions may be imposed which might have been imposed upon an application.

If, in relation to works of this type that were not such as to require the deposit of plans, the council may, within 12 months of completion, fix a period on the expiration of the work for the removal and impose conditions that might have been imposed if the plans had been required to be deposited.

The District Council may extend periods fixed or vary conditions imposed.

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.

A person aggrieved by the rejection of plans or the fixing or refusing to extend a period or imposing conditions may appeal to the Department within the time prescribed. The Department may confirm, vary, or annul the decision of the District Council.

Contravention of conditions imposed under the Article constitutes an offense.

Where plans in relation to proposed works are deposited with a District Council, in accordance with the building regulations, the District Council shall, if the plans are neither defective nor show that the proposed works would contravene building regulations, pass the plan. They may reject the plans if they are defective or would contravene building regulations.

Building regulations may provide for consultation by District Councils of prescribed persons before taking prescribed steps in connection with work to which building regulations apply. They may authorize a District Council to accept as evidence that the requirements of building regulations have been satisfied, certificates to that effect by persons of a class or description prescribed by regulations.

They may provide for the issue by the District Council of certificates to the effect that, so far as the council concerned has been able to ascertain after taking reasonable steps, the requirements of the building regulation as to the matters prescribed are satisfied in any particular case. Such a certificate shall be evidence but not conclusive evidence of compliance with regulations.

The Department may, in relation to a particular class of building, if it appears unreasonable that a provision of building regulation should apply, either in relation to a particular building or a class of building, grant a relaxation order.

Building regulations may provide that the power to grant dispensations or relaxations as above shall be exercisable by District Councils instead of the Department. Where a general direction is made in respect of a class of buildings, the Department shall give notice to all District Councils.

Relaxation of a building regulation for existing work may be permitted subject to conditions. It is not permitted if there is an injunction or other direction given by court, which requires the work to be pulled down, removed, or altered. After the application for direction, by way of relaxation, no contravention order shall be served as regards the works.

If the application for direction is made before, within 18 months of completion of the works, a contravention notice may be served at any time within three months from the date on which the application is withdrawn or disposed of. If an application for a relaxation order is made after a contravention notice has been served on the ground that the work to which the application relates contravenes the requirement, fines already imposed are not recoverable.

Giving of a relaxation direction shall not affect any offense already committed, except insofar as it relates to continuing offenses. If a relaxation direction is given, then no new contravention order shall be made.

If a District Council refuses a dispensation or relaxation order or grants it subject to conditions, the applicant may, within a period as may be prescribed by regulations, appeal to the Department. The Department may confirm, vary, or annul the direction.

Any applicant aggrieved by the rejection of plans required to be deposited with a District Council may appeal to the Department. The period is prescribed by regulation. The Department may if it thinks fit, serve a notice on the District Council, which may be given an opportunity to make representations. The Department may confirm, revoke, or vary the decision. There is a further appeal on a point of law only to the court of appeal.

The Council may issue an approval notice when it receives a satisfactory application for building work. It should then be inspected during the construction phase. A completion certificate should be issued, stating the date of the final inspection and confirming that the works have been carried out in accordance with building regulations.

A deposit of plans is valid only for three years. Works must be commenced within this period. A breach of building regulations causing damage may be the subject of a civil suit. Damage includes personal injury.

Building regulations bind the Crown except insofar as otherwise provided. In the case of works proposed to be carried out on behalf of a Crown authority, the authority may exercise the like powers of dispensing with and relaxing building regulations as conferred on the Department and District Council.