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Eden District Council
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Decisions, Contraventions, Enforcements and Regularisation

If your plans are rejected you can re-submit them with amendments to make them comply with Building Regulations. Alternatively, you can appeal to the Department for Communities and Local Government (DCLG) against our decision on your application to:

  • Reject plans
  • Refuse to grant an application for relaxation of Building Regulations
  • Add a condition to the granting of an application for relaxation
  • Serve a contravention notice in respect of defective work

If you do wish to appeal (for any of the above reasons except for a contravention notice), this must be lodged with the DCLG within 56 days of the date of our notification or decision and work must not have commenced. GOV.UK website has more information on determinations and appeals.

Contravention of Building Regulations

These can be categorised into the following:

  • Failure to deposit plans before commencing building works
  • Failure by the builder to give the required notice at specified stages of the work
  • Failure to comply with the requirements of the Regulations in carrying out building work on site

We have the legal power to deal with each of the above. If you suspect someone of failure to comply with any of the above you can report this online on the building regulations breach report form

However legal action is seen as a last resort after all other possible ways of resolving a contravention have failed.

If you receive a Contravention Notice from us, there are four courses of action open to you:

  1. Compliance with the Notice this will involve altering or removing the defective work, usually the notice will give you 28 days to do this.
  2. Challenging the Notice
  3. Appealing to the DCLG
  4. Applying for relaxation of the Regulations which have been contravened

Regularisation

If you have carried out unauthorised work without submitting any plans or giving us notice, you can apply for a Regularisation Certificate. We will carryout inspections to ascertain whether or not the work complies with Building Regulations, this may involve the opening up of works and carrying out tests and/or sampling of materials. We will then notify you if any further work is required to bring the building to the required standard.

We cannot accept Regularisation applications for electrical work.

When the work has been satisfactorily completed, or if no further work is necessary, we will issue a Regularisation Certificate. Whilst there is no legal requirement to apply for a regularisation Certificate, there is a definite legal requirement to comply with Building Regulations. Failure to do so is not only an offence but may create problems when the property changes ownership.

For further information