REGULARISATION EXPLAINED


What is Regularisation?
Where work, to which Building Regulations applied, was done without Building Control involvement, regularisation allows the building owner to request inspection with a view to gaining a Completion Certificate for the work.

What is a Completion Certificate?
When work to which the Building Regulations apply is completed, a Completion Certificate is issued to show that the requirements of the regulations have been satisfied.

What do I need in order to sell my house?
If you sell your house you will almost certainly be asked to produce a Completion Certificate for work that falls under the scope of the Building Regulations. A Completion Certificate shows that the construction work was carried out in accordance with the regulations and signed off by Building Control Surveyor.

How does regularisation work?
The following should be submitted with the completed Regularisation Application form:
  • A description of the unauthorised work.
  • Plans of the unauthorised work.
  • Plans showing additional work to be carried out to ensure compliance with the Building Regulations.
  • The correct fee (based on 150% of the equivalent Building Notice charge).

Upon receipt of your application we will issue an acknowledgement letter requesting that you notify the Building Control Section, (giving 2 days notice in writing) when a site visit can be made to inspect the works. We will then inspect the work and report to you on: -
  • where it does not comply
  • where we need further evidence to prove compliance – perhaps structural calculations or technical details from a product manufacturer.
  • where elements need to be exposed for further inspection – perhaps foundations, joists or beams.
We will discuss with you ways to correct any deficiencies, check details submitted and re-inspect if necessary. The Council is under no obligation to issue a “Regularisation Certificate”, but if the final works appear satisfactory a certificate may be issued. There is no right of appeal (or refund of fees) should this certificate be refused.

What work can be regularised?
Work to which the Building Regulations applied at the time that it was carried out, where Building Control was not informed. The work may have been done by you or by a previous owner.

Why don’t I just do the work without notifying Building Control, and then apply for regularisation if I get found out?
Because: -
  • it is illegal to do so and the Council might decide to take enforcement action.
  • it is more difficult, inconvenient and expensive to correct any faults when the work is completed and in use.
  • a delay on selling your house will likely ensue.
  • even if the work complies, you will nearly always need to damage some of it to open up elements for inspection.

Note: An application for regularisation will not prejudice the Council’s statutory power under Section 36 of the Building Act 1984 in respect of any enforcement action. For information and advice on what constitutes “unauthorised work’ for the purposes of the Building Regulations please contact the Council’s Building Control Section.
This advice is given in outline only; it is not intended to be comprehensive or to be a substitute for taking proper legal or other advice. We hope it will help you consider some of the issues that may have otherwise not occurred to you. It is advisable, if you have not already done so, to contact the Council’s Development Control Section to ascertain if Planning Permission was obtained.



Page last updated on: 24/08/2011