Building Regulations appeals and contraventions

Appeals

You can appeal to the Department for Communities and Local Government website (DCLG) against a decision of the Council to:

  1. Reject plans.
  2. Refuse to grant an application for Relaxation of Building Regulations.
  3. Add a condition to the grant of an application for Relaxation.
  4. Serve a contravention notice in respect of defective work.

Regarding 1, 2 and 3 above, an appeal must be lodged with the DCLG within 56 days of the date of notification of the decision. With respect to 4, contravention notices, more information is given below

The Building Control Team can advise you on how to lodge an appeal.

Contravention of Building Regulations

Contravention of Building Regulations can be categorised as:

  1. Failure to deposit plans before commencing building works.
  2. Failure by the builder to give the required notice at specified stages of the work.
  3. Failure to comply with the requirements of the Regulations in carrying out building work on site.

The Council has legal powers to deal with each type of contravention. Our building surveyors will seek co-operation in eliminating a contravention but failing this legal action will be taken. This is usually taken only as a last resort, after all other avenues of resolution have been exhausted.

Where the building work does not comply with the Regulation, as mentioned in 3, the Council is empowered to serve a Building Regulations Contravention Notice. The Notice will specify the contravention and the period of time - usually 28 days - within which work must be made good, altered or removed.

On receipt of a Contravention Notice there are four options

  1. Compliance with the Notice - this will involve making good or removing the defective work.
  2. Challenging the Notice - this will involve obtaining a report from a suitably qualified person setting out reasons why the Notice should not have been served. The report is submitted to the Council; if the Council refuses to accept it there is a right of appeal to the DCLG.
  3. Appealing to the DCLG - this is a direct appeal against the service of the Notice.
  4. Applying for Relaxation of the Regulations which had been contravened - the application will normally be to the Council in the first instance; if the Council refuses the application there is a right of appeal to the DCLG.

If you are in any doubt please don't hesitate to contact the Building Control Team.

Updated: 21 March 2014