What is the enforcement period applicable to building regulations?
If building work is carried out in contravention of Building Regulations, local authority Building Control departments have a range of enforcement powers including: An Enforcement Notice must be served within 12 months of the date of completion of the offending works.
How long before building regulations Cannot be enforced?
If the owner does not comply with the notice the local authority has the power to undertake the work itself and recover the costs of doing so from the owner. A section 36 enforcement notice cannot be served on you after the expiration of 12 months from the date of completion of the building work.
Can building regulations be enforced after 10 years?
Despite the fact that there is no time limit on the local authority’s right to apply for an injunction, it is generally accepted that if 10 years or more have passed since the work was carried out then there is no serious risk of action fro breach of building regulations being taken.
What happens if you fail to comply with building regulations?
The Local Authority has to see that building work complies with the Regulations. If the work does not comply, you may be asked to alter or remove it. If you fail to do this, the Local Authority may serve a notice requiring you do so within 28 days, and you will be liable for the costs.
What powers does a local authority have to enforce building regulations?
Prosecution A local authority may prosecute a person (builder, installer or main contractor) in carrying out building work that contravenes the Building Regulations in the Magistrates’ Court where an unlimited fine may be imposed (section 35 and 35A of the Building Act 1984).
What happens if you ignore an enforcement notice?
Failure to comply with the terms of an enforcement notice is a criminal offence, for which you may be prosecuted. Most importantly, communicate with the Council throughout, never ignore an enforcement notice, and take professional advice.
Can I sell my house without building regulations?
Yes, you, even if the previous owner was the one who made the building alterations. This means that if you don’t make the appropriate actions and the building regulation standards aren’t met, you can get fined or even face court proceedings.
Can you sell a house without building regulations?
Is there a statute of limitations on building regulations?
In terms of building regulation compliance, the reality is that the council have to take action within 12 months of the work being completed, although it is open to them to serve a dangerous structure notice at any time if there is reason to.
Do you need building regulations for a replacement roof?
If you want to carry out repairs on or re-cover less than 25 per cent of the area of a pitch or flat roof, you will not normally need to submit a building regulations application. You will need approval, however, if: You carry out structural alterations.
Are there any new construction regulations in Malta?
Background Following a number of incidents in recent weeks the need has been felt to issue new regulations for construction and exaction works even prior to the setting up of the Malta Building and Constructon Authority the legislation of which is currently being drafted following an earlier public consultation.
What happens if works are carried out in breach of building regulations?
If works are carried out in breach of building regulations, one or more of the following may happen: The local authority may take enforcement action under Section 36 of the Building Act 1984, which is the most common action taken.
What does section 36 of the building Act 1984 mean?
The local authority may take enforcement action under Section 36 of the Building Act 1984, which is the most common action taken. Building Control may serve a “section 36 notice” requiring rectification of works which do not comply with building regulations within 28 days.
When to prosecute for failure to comply with building regulations?
Prosecution is possible up to two years after the completion of the offending work. This action will usually be taken against the person carrying out the work (builder, installer or main contractor).