Ensuite bathroom
- Thread starter NickB_99
- Start date
Yes, but the contravention does not occur untill after the opportunity to regularise the work has been taken, or until after any request for relaxation has been considered and refused.
Not following applicable b/regs just means that the work does not conform, and is not a contravention in itself
Not following applicable b/regs just means that the work does not conform, and is not a contravention in itself
Regularisation is the process whereby work which was unauthorised can be inspected and if appropriate be granted a certificate. A certificate showing that the work complies does not negate any offence of failing to notify.
Requests for relaxation have to be made before work starts.
35 Penalty for contravening building regulations
If a person contravenes any provision contained in building regulations, other than a provision designated in the regulations as one to which this section does not apply, he is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50 for each day on which the default continues after he is convicted.
The following is a question put to a Senior Inspector in writing:
Is it illegal to do works on a building (that would necessitate complying with the regs) without making an application first? (Irrelevant to the fact that those works would be carried in full compliance with the regs).
To which the reply was:
Yes it is strictly speaking illegal to carry out works which would require B Regs approval, the work is in contravention. Action can be taken under Section 35 of the Building Act 1984 'Breach of building regulations.'
Here you go woody:
Is it illegal to do works on a building (that would necessitate complying with the regs) without making an application first? (Irrelevant to the fact that those works would be carried in full compliance with the regs).
To which the reply was:
Yes it is strictly speaking illegal to carry out works which would require B Regs approval, the work is in contravention. Action can be taken under Section 35 of the Building Act 1984 'Breach of building regulations.'
Here you go woody:
Then the senior inspector knows nothing of the legal framework in which the Act is administered.
Section 35 only provides for the LA to apply to the Magitrates Court for a potential contravention of the Building Act. It does not make the act illegal, nor does it make not notifying works illegal.
As I posted previously, one can't commit an illegal act, by failing to notify or carrying out notifiable work, and then magically have this act nullified and made legal by the methods available to make the work or act conform - ie regularisation, enforcement notice, determination or relaxation
The act can only become illegal, once the other avenues available to make the act conform have been exhausted
Ketchup and bacon with yours?
Section 35 only provides for the LA to apply to the Magitrates Court for a potential contravention of the Building Act. It does not make the act illegal, nor does it make not notifying works illegal.
As I posted previously, one can't commit an illegal act, by failing to notify or carrying out notifiable work, and then magically have this act nullified and made legal by the methods available to make the work or act conform - ie regularisation, enforcement notice, determination or relaxation
The act can only become illegal, once the other avenues available to make the act conform have been exhausted
Ketchup and bacon with yours?
