What is the ‘Regularisation’ function?
Building works undertaken without submission of a Full Plans or Building Notice application, or an Initial Notice to the Local Authority are in contravention of the Building Regulations 1991.
The Regularisation function enables the owner to submit an application to the Local Authority for retrospective approval of building work. This facility becomes important when the property is being sold, as solicitors acting on behalf of prospective buyers will require evidence that building regulation consent was obtained.
Assessment of Compliance with the Building Regulations
It is important to be aware that where a retrospective application is made, it may be necessary for the applicant to open up work for our officers to assess compliance with the Building Regulations, e.g. remove floorboards, plasterwork etc., and the applicant must be willing to comply with all reasonable requests. Therefore there must be a reasonable level of co-operation between the applicant and the local authority.
It is the responsibility of the applicant to carry out the actions specified, where requested by the local authority. If they are unwilling to comply with any reasonable request, they run the risk that the local authority will be unable to judge whether the work satisfies the applicable regulations. The authority would therefore be unable to issue a Completion Certificate or a Regularisation Certificate, and there would be no refund of the fee paid.
Unauthorised Building Work
Where work was completed less than 2 years ago
If unauthorised work is discovered or notified to the Authority, we will initially seek the owners co-operation to remedy the oversight. The owner will be required to submit a Building Regulations Full Plans application. Failure to rectify the contravention will force the local authority to take enforcement action.
When the work is completed to the satisfaction of Building Control, a Completion Certificate will be issued.
Where work was completed after 11 November 1985
In this instance, A ‘Regularisation’ application can be made to the local authority. The owner is under no obligation to make an application and equally, the local authority is under no obligation to issue a retrospective completion certificate if the owner cannot demonstrate an acceptable standard of work.
Where work was completed before 11 November 1985
Local Authority Building Control has no authority in work completed before this date. If a home-owner or prospective buyer is concerned that Building Regulations approval was not sought, they would have to appoint their own surveyor to assess whether the building work is of an acceptable standard.