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Stockton-on-Tees Borough Council

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What happens if I contravene the Building Regulations?

contravene building regulations

The vast majority of contraventions are initially looked after by our Building Control services and where possible a remedy will be suggested to help rectify the problem.

We are not able to act on your behalf as an architect, engineer or designer. You may need to employ a specialist to provide you with advice and guidance on how to rectify the contravention.

If you contravene the Building Regulations by building without notifying Building Control or by carrying out work which does not comply, the Council can prosecute. If you are convicted, you are liable to a penalty of up to £5,000 for each offence and a further fine of up to £50 for each day that the default continues.

If you do not put the work right when asked to do so, the Council has the power to carry out the work and recover the costs from you.

 

Regularisation Applications

If an alteration or extension has been carried out without first seeking Building Regulation approval, a Regularisation application may be submitted to "Regularise" the work carried out.

This means that you can apply to the Council's Building Control Department to obtain retrospective approval for the completed work; however, this is only possible for work carried out after 11 November 1985.

An owner is under no obligation to submit a Regularisation Application and the council is under no obligation to accept the application.

To make an application, you must complete an application form and provide a description of the work carried out. After submitting the application, you must contact the council's Building Control Department to arrange a time for us to visit the site and inspect the completed work.

Following this inspection, we will inform you of any changes that may need to be done to ensure compliance with the Building Regulations.

You may then decide if you wish to proceed with the application and carry out any remedial work that may be deemed necessary or if you wish to return it to it's original state.

Further information may also be required to verify compliance and may include copies of structural calculations, site investigation reports etc. Once the work has been regularised in accordance with the Building Regulations, a Regularisation certificate will be sent to you; you will not be issued with a Completion certificate.

 

Important Information

  • The work must have been commenced after 11 November 1985.
  • The work must comply with the Building Regulations in force at the time of commencement.
  • The regularisation fee is calculated with a surcharge, please refer to the relevant table of fees.
  • There is no provision for appeal on a regularisation application.
  • The regularisation fee is non refundable once we have carried out an inspection of work.
  • We will only issue a regularisation certificate once the work complies with the regulations.
  • You may decide at any time to terminate the application procedure, even if we have inspected the work and identified contraventions. With this in mind, you may be subject to enforcement or prosecution.
  • If the unauthorised work was carried out more than two years ago; under the Building Regulations, the council will not prosecute you for contravening those regulations, or enforce compliance, however a solicitor will still request a Building Regulation certificate during the sale of a property.
  • If the unauthorised work was carried out within the last two years, the council can apply to a magistrates court to enforce the Building Regulations, and have the contravening work removed or altered to achieve compliance.
  • If the unauthorised work was carried out within the last 6 months, the council can apply to a magistrates court to obtain a prosecution for contravening the Building Regulations.

If you require any further information, please contact the Building Control team (contact details on right hand side of this page).

Alternatively if you wish to make a Regularisation application, please use the Building Control Regularisation Application form.

Stockton Council Building Control complies with ISO 9001:2015 quality management standard.

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