Building control enforcement | Barnsley Council Online

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Article: Building control enforcement

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What happens if I do not comply with building regulations?

If work subject to building regulations is carried out without notifying the council, or is not in compliance with the regulations, we can start proceedings in the magistrates' court.

Enforcement is rare, as normally common sense prevails. Your Building Control surveyor ensures that your building is safe and a healthy place to live, work in, or visit.

Please contact Building Control on (01226) 772678 or email buildingcontrol@barnsley.gov.uk for further information on whether you require a building regulation application, advice on how to submit an application, or how to ensure that work which may have been carried out without a valid building regulations application can be regularised.

Alternatively, visit one of the following links for further information.

Information Sheet 1: Do I Need a Building Regulations Application?

Where alterations or extensions are carried out to buildings without first applying for a building regulation approval, it is now very common for such contraventions to come to light during the house sales search process. This can cause problems for the house seller not able to supply the perspective purchaser's solicitor with the appropriate approval notice.

For works undertaken after 11th November 1985 you can now apply to Building Control to regularise the unauthorised work and obtain a regularisation certificate. (Note: this procedure is not applicable to retrospective planning permission and you are advised to consult the planning officer for advice.) We can not regularise works undertaken prior to the above date.

An owner is under no obligation to submit an application and equally the council is under no obligation to accept an application.

As in most cases the work will have been completed, it is the applicant's responsibility to carryout the opening up works as required by Building Control to allow us to determine building regulations compliance has been achieved. Any remedial work found to be necessary as a result of this opening up works will then have to be undertaken by the applicant, until Building Control are satisfied that the works comply with the regulations. The applicant must be willing to comply with all such reasonable requests.

If we find that we cannot determine (or cannot determine without unreasonable cost or disruption to the owner) what work would enable compliance with regulations, no regularisation certificate will be issued. The regularisation charge is not refundable.

Once Building Control is satisfied that the requirements of the building regulations have been achieved we may then issue a regularisation certificate.

  • Regularisation Application Form
  • Regularisation Fee Sheet

It is advisable to contact Building Control to discuss the requirements of this complicated procedure prior to submission of the application to regularise.

You should request a regularisation application form, the completed application form should be returned to Building Control.

The form should consist of

  • Statement of unauthorised works.
  • One copy of a plan showing the unauthorised work. (So far as is reasonably practicable).
  • Approximate date work was completed, which is important as you can apply the regulations that were applicable at this completion date.
  • Regularisation fee - calculated at 120% of the current date fee scales. No VAT is payable. This is equivalent to the building notice charge plus 20% (please note there is no VAT is applicable). (Please note the combined fee as a building notice is payable).

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Page last updated

This page was last updated on May 24, 2012

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