Building control enforcement policy

Prevention

The first step in enforcement is to help prevent contravention of the law by raising awareness and promoting good practice. Building Control can, on request, or through web pages provide written guidance on aspects of the law and should be happy to discuss and explain requirements with residents and businesses alike.

Stage 1 (Intervention) - Informal Action

Best efforts should be taken to resolve any issues where the law may have been broken without issuing formal notices, or referring the matter to the courts. This is the first option when the circumstances indicate that a minor offence may have been committed and there is confidence that appropriate corrective action will be taken. The situation should in writing in a clear manner with an explanation as to why any recommended remedial work is necessary and over what time-scale it should be completed. When writing to residents and businesses it’s important that legal requirements are clearly distinguished from recommendations.

Stage 2 - Written Notice of the impending service of a Notice

If the contravention is not minor Building Control will write to the applicant / agent and / or contractor advising what work should be undertaken and what action will be taken if contraventions are not removed within a given period of time (usually 28 days).

Stage 3 - The service of a legal notice

The legislation that Building Control enforces provides for the service of formal notices on individuals, businesses or other organisations requiring them to meet specific legal requirements.

Where a formal notice is served, the method of appealing against the notice and the time-scale for doing so will be provided in writing at the same time.

The notice will explain what is wrong, what is required to put things right and what the likely consequences are if the notice is not complied with.

In most situations, before formal action is taken, Building Control will provide an opportunity to discuss matters and hopefully resolve points of difference. However, this may not always be possible where immediate action is considered necessary, e.g. in the interests of health and safety, or to prevent an imminent risk to health, or to protect the environment.

Stages 4 & 5 - Prosecution - The last resort

Where the circumstances warrant it, because of the seriousness of the matter or due to repeat offending, and the alternative actions mentioned previously in this policy are considered inappropriate, then prosecution may result. This formal prosecution action will be in the first instance, to seek summary conviction in the Magistrate’s Court following which is formal prosecution action to seek an injunction in a higher Court.

Building Control will consider the following factors when deciding whether or not to prosecute:

• The seriousness and effect of the offence
• The foreseeability of the offence, or the circumstances leading to it
• The intent of the offender
• The history of offending
• The attitude of the offender
• The deterrent effect of a prosecution, on the offender and others
• Whether there is enough evidence to prove the offence