Building control enforcement policy

Building Control Services are responsible for using a wide range of Acts of Parliament and Statute Laws. “Enforcement” means action carried out in the exercise of, or against the background of, these Acts and Laws. This includes studying documents and reviewing drawings, making inspections of premises to check compliance with legislation and providing advice to aid compliance – this we term ‘interventions’ since they are aid to achieving and supporting compliance and aren’t what is traditionally referred to as ‘enforcement’. Local Authority Building Control can also take enforcement actions that escalate through a staged process that involve more formal correspondence, the issue of legal notices and ultimately prosecution.

Our enforcement activity is informed by risk assessment to ensure our regulatory efforts and resources are targeted to be most effective and in the best interests of the public.

Building Control’s aim is to protect the public, the environment, consumers and workers.

Enforcement action is intended to:

• Ensure that we enforce the law in a fair, equitable and consistent manner.
• Assist businesses and others in meeting their legal obligations without unnecessary expense.
• Focus on prevention rather than cure.
• Take firm action against those who repeatedly offend, or act irresponsibly, or whose actions could cause serious harm.

Building Control Surveyors will consider several factors before deciding when to act:

• The seriousness of the breach
• The track record of non-compliance
• The continued risk to health, safety or the environment
• The effects of non-compliance
• The likely effectiveness of enforcement choices
• Legislation and guidance issued nationally or locally
• The need to consult with other authorities and enforcement bodies

We recognise that most people want to comply with the law. We will, therefore, take care to help them meet their legal duties but will take firm but fair action against those who act illegally or behave irresponsibly.

No action

If we cannot prove any breaches of legislation, then we will take no action other than to tell the relevant people.

Informal action

Where the act is not serious, the history of compliance is good, confidence in management is high and where non-compliance will not pose a significant risk to public health, safety or welfare then we will take informal action. This will result in verbal and/or written advice or warnings. The Building Control Surveyor will clearly distinguish between legal requirements and elements of good practice.

Formal action

Where there are serious breaches of legislation, a history of non-compliance, lack of confidence in management, potentially serious effects or where legislation requires it, then we will serve a statutory notice. We will give an opportunity to discuss the issues unless immediate action is needed.

The time limit on notices will be realistic and we will tell recipients of their rights.

Failure to comply with a statutory notice will result in Prosecution or Formal Caution or Injunction and undertaking works in default.

We will consider prosecuting:

• Where the offence involves a blatant breach of the law
• Where the offence involves failure to comply with a statutory notice or order
• Where the offence results in an imminent risk to public health, safety, or the environment
• Where there is a failure to correct an identified serious risk within a reasonable time
• Where there is a history of similar offences
• Where there is obstruction or assault of an surveyor or where an surveyor is given false or misleading information

Those affected by enforcement decisions have a right of appeal to a Court or Tribunal. Appeals must be made within a certain time – usually 21 days. We will set out these rights in writing at the same time that we take action, or serve notice.

You can also ask to discuss the matter with the Building Control Surveyor or their Team Leader, the Building Control Manager, or you can make a formal complaint against the service.