Building regulations are a set of legal requirements which control the methods and materials to be used in the construction or alteration of a property and impose minimum standards for carrying out specified works in or about buildings. For example, you might need building regulation approval for many alteration projects such as the installation of a fixed air-conditioning system, installing a bathroom that will involve plumbing and replacement windows and doors if the work is carried out by someone who is not registered under a competent person scheme.
When submitting an application to the Local Authority for building regulation consent, the work would be inspected by a building control officer. Depending on the extent of the work carried out there could be several inspections, and after a successful final inspection, the Local Authority should issue a certificate of compliance signing off the works. In addition, there are self-certification schemes regulated by trades and professions (e.g., plumbing and glazing works) which do not require a separate application to the Local Authority. In those instances, the person who undertakes the work can self-certify this and their relevant body sends notification to the Local Authority.
A breach of building regulations occurs when construction works do not comply with the legal requirements set out in the regulations. Local Authorities can issue notices requiring corrective work or even demolition of non-compliant structures and failing to comply can result in hefty fines or prosecution. Poor construction could also lead to increased costs, structural failures and risks to health and safety. Non-compliant buildings may not get proper certification making it difficult to insure, mortgage or sell the property. Unlike planning permission breaches, building regulation breaches do not have a fixed time limit for enforcement.
Should it transpire during the conveyancing process that works have been carried out without the requisite approval in place, one option to consider would be to obtain a Regularisation Certificate from the Local Authority. This should be raised early on in the conveyancing process and discussed with a conveyancer. Alternatively, indemnity insurance can be obtained however, this tends to only cover the cost of compliance with the regulations should the Local Authority bring enforcement proceedings; it will not cover any substandard work, and you may find restrictions are placed on the cover as to undertaking future building works without the consent of the indemnity provider.
If you are thinking of buying or selling a property where past building works have been carried out without building regulations, our Residential Property team will be happy to help with any queries you may have. Email info@bussmurton.co.uk or call 01892 510 222.
For bespoke advice on this or any other area of law, get in touch with the team now.
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