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When plans are rejected

You may start work provided you give the necessary notice of commencement (Regulation 14 of the Building Regulations) and are thoroughly satisfied that the building work now complies with the regulations. It would not be advisable to follow this course of action however if you are in any doubt whatsoever and have not taken professional advice. Instead you could:

Make ammendments the resubmit your Full Plans application ensuring they comply with the Building Regulations.

If you think that the rejection is unjustified and that your plans do infact comply you are entitled to refer the matter to the Secretary of State for the Environment, Transport and the Regions, or the Secretary of State for Wales as appropriate, for their determination.

If you think that a specific requirement of the regulations is inappropriate or too onerous in a particular case, you could ask the Local Authority to relax or dispense with it. If your application is then refused by the Local Authority you could appeal to the appropriate Secretary of State within one month of the refusal.

What happens if I carry out work without approval?

It is the duty of the Local Authority to ensure that building work complies with the regulations - except where it is formally under the control of an Approved Inspector.
Where a Local Authority is controlling the work and finds that the work does not comply after its completion, the Local Authority may require you to remove or alter it. If you fail to do this, the Local Authority is entitled to serve a notice requiring you to do so and the costs incurred will be your liability.

Are there any penalties for contravening the Building Regulations?

The Local Authority may prosecute if you contravene the regulations by building without notifying the Local Authority or by carrying out work that does not comply. If you are convicted, you are liable to a penalty for every single day on which each individual contravention is not put right after your conviction. If you fail to put the work right when asked to do so, the Local Authority have the authority to carry out the work themselves and recover the costs directly from you.

The Local Authority must issue you with a Completion Certificate when Full Plans are submitted for work that is also subject to the Fire Precautions Act 1971. In different circumstances you may ask to be given one when the work is finished, however you must make your request when you first submit your plans. If you use an Approved Inspector they must issue a Final Certificate to the Local Authority when the work is completed.

 

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