Building control enforcement

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If you disagree with an enforcement notice

Normally a local authority’s enforcement notice will give you 28 days to rectify the building work.

If you wish to contest the notice on the grounds that you believe your building work does comply with the Building Regulations, you can advise your local authority that you would like to commission a written report from a suitably qualified person about the compliance of your work with a view to persuading the authority to withdraw the notice.

In this event the 28 day period to rectify the building work is extended to 70 days.

Alternatively, you can appeal against the notice in the magistrates’ court and demonstrate that your building work complies.

This option can be used either as an alternative to the above, or if proceedings under that option have been unsuccessful.

You should make your appeal within 28 days of receiving the notice or within 70 days if you have used above option first.

If you are successful with either option, your local authority may have to pay your costs.

If on the other hand you believe that your work can’t be expected to comply with one or more of the requirements in the Building Regulations because they are too onerous or inapplicable, you do have the right to apply to your local authority for a relaxation or dispensation of the requirement(s) in question in order for your completed building work to be considered to achieve compliance.

Your application should be made within 28 days of receiving the enforcement notice from your authority.

If they refuse your application you have a right of appeal to the Department for Communities and Local Government against that refusal, providing you do so within one month of that decision.