In the first instance it should be the responsibility of all designers, builders and building owners to make every effort to ensure that they comply with the requirements of the building regulations and associated legislation.
If enforcement is necessary, the Building Control team will:
- be open about its actions
- demonstrate fairness and impartiality
- take a consistent yet flexible approach
- be considerate to complaints
- treat matters with balance
- assist service users wherever possible
The policy is aimed at members of the public and business users.
Statement of intent
Our policy is to ensure that all building works, works of demolition and dangerous structures falling under our control are dealt with in such a manner so as not to prejudice people's health, safety, welfare and convenience.
We have various means at our disposal to ensure that legislative requirements enforced by us are met.
These include:
- giving verbal or written advice
- guidance notes and other educational aids
- issuing warning letters
- serving statutory notices
- prosecution through the criminal courts
Enforcement practice
The Building Control team focuses on prevention sooner than cure.
At an informal level the Building Control team will offer advice about the best way of securing compliance either before or during building works.
Formal enforcement measures are laid down within the Building Regulations 2000 and the Building Act 1984.
All our surveyors are professionally qualified and competent in the handling of all cases. In dealings with all people they will be courteous and efficient.
When deciding what degree of enforcement to exercise we will give consideration to:
- the seriousness of the offence in terms of its impact on people's health, safety, welfare and convenience
- the previous history of the offender
- the consequences of non-compliance
- likely effectiveness of various enforcement options
The choice of remedies available to us include:
- taking no action
- taking informal action
- taking emergency action to carry out the work
- serving a statutory notice
- taking action in default
- prosecution
Where emergency action becomes necessary we will make every effort to inform the owners before carrying out the work.
Criminal prosecutions will generally follow where there has been a serious offence or a blatant disregard of the legislation.
All written or verbal documentation will be clearly written and contain clear instruction as to what is required and why it is required.
It will set out the legislative requirement that has been considered not met, the measures necessary to comply and any alternatives that will be accepted. A clear distinction will be made between what is goodwill advice and what is a statutory requirement.
Where possible, and when within the expertise of the building control surveyor, advice given in securing compliance will have regard to minimising the costs.
Where appropriate, reasonable and realistic time limits will be set to allow remedies to be carried out. Flexibility will be exercised where a degree of goodwill is shown by the appellant.
Where there is an appeal procedure against a formal notice, this will be clearly explained and any time constraints made apparent.
