Strategies and policies (building control)
Our primary function is to ensure that all building, demolition and dangerous structure works that fall under our control are dealt with in a way that will not affect people’s health, safety and welfare.
It is primarily the designers, builders and building owners’ responsibility to ensure that they comply with the Building Regulations and associated legislation.
We believe in prevention rather than cure. We are always willing to offer advice about the best ways of ensuring your project is compliant, before and during building works.
It benefits you to ensure that your project is compliant during building works. Achieving compliance only after a project is completed may work out to be costly.
If we must take enforcement action
We use formal enforcement procedures laid down in the Building Regulations 2010 and The Building Act 1984. Our Enforcement policy has been prepared in accordance with the Cabinet Office Enforcement Concordat.
When carrying out enforcement, we will:
- be open about our actions
- be fair and impartial
- take a consistent yet flexible approach
- be considerate to people who complain
- treat matters with proportionality
- help service users wherever possible
When deciding on the degree of enforcement to issue, we will consider:
- the seriousness of the offence in terms of its impact on people’s health, safety and welfare
- the previous history of the offender(s)
- the consequences of non-compliance
- likely effectiveness of various enforcement options
Action we can take
Depending on the situation, we could then take a range of actions:
- no action
- informal action
- emergency action to carry out the work
- serve a statutory notice
- action in default
- prosecute through the Criminal Court
Where emergency action becomes necessary we will make every effort to inform the owners before carrying out the work. Criminal prosecutions may follow where there has been a serious offence or blatant disregard of the legislation.
All written or verbal communication will contain clear instructions as to what is required. It will say which legal requirements have not been met, what needs to be done to comply, and any alternatives that will be considered.
A clear distinction will be made between what is goodwill advice and what is a statutory requirement. Where appropriate, reasonable and realistic time limits will be set to allow remedies to be carried out.
Where there is an appeal procedure against a formal notice, this will be clearly explained and any time constraints made apparent.