Building Control:
Regularisation certificates:
Regularisation Certificates - Guidance Note 1
It's not uncommon for building work to be undertaken without the appropriate procedure being followed. Where this happens, problems often arise during the conveyancing process. The following provides information about the regularisation procedure and what to do to sort out the difficulties.
PURPOSE
The Regularisation procedure allows the Local Authority to consider appropriate works carried out and completed without the submission of plans and giving of notice.
This power does not replace the enforcement powers already available to the local authority and does not provide a short cut for those who failed to follow the correct procedure.
REGULARISATION PROCEDURE
Regularisation is a procedure which property owners follow where problems arise in the conveyancing, i.e. selling, of property.
It is important to note that an owner is under no obligation to make an application for a Regularisation Certificate; equally, the Council is under no obligation to accept it. An application for a Certificate can relate only to completed work.
However, in order to assess whether compliance with Building Regulations has been achieved, the Council can ask the applicant to ‘open up’ work which assumes a reasonable level of co-operation between the applicant and the council.
An application for a Regularisation certificate can only be made where:
- the work commenced after 11 November 1985
- the work came within the scope of Regulations, and
- no application was made at the time
ISSUE OF CERTIFICATE
Before a certificate can be issued, the Council must be reasonably satisfied that the works conform to the Building Regulations and that there is no risk to the health and safety of persons in or around the property.
The Council may then:
- Say whether additional works are required to meet Building Regulation standards, or
- Issue a Certificate indicating that the unauthorised works are in compliance with the Building Regulations standards
Please consult the Building Control service, prior to making an application. They will say what information is required and the fee they have to charge for the type of work involved.
The Institute of Building Control is the foremost body In building control in the United Kingdom.
The Institute -
- advances public education in the science and law of building control
- represents the professional interests of public and private sector building control surveyors and those within other construction disciplines with a special interest in building control
- is represented in numerous forums concerned with health and safety, fire safety, access for disabled persons, dangerous structures, energy conservation, e.g. British Standards Institution, Access Committee for England
- publishes authoritative periodicals and technical information including Building Control and the Building Control Bulletin
- participates on the DETR’s Building Control Liaison Group
- is the only professional body examining in Building Control and offering a widely recognised qualification
- produce educational material for the distinctive subjects Building Control Surveying and Fire Safety Studies, available to universities to supplement their BSc and MSc programmes
- is a member of the Construction Industry Council (CIC)
- is a member of the Foundation for the Built Environment
- is founder member of the Consortium of European Building Control
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