Failure to comply with the Building Regulations is an offence.
Note. In the following the word "Builder" means the "person causing the work to be carried out". That is the owner and/or the occupier of the building. And the 'building contractor' is just the agent of this "builder". It is therefore the owner/occupier's legal obligation to ensure that the Building Regulations are complied with in full.
The Local Authority may (under the powers of Section 35 of the Building Act 1984) take proceedings for a fine at the local magistrates court.
And if during the course of the building work, or within one year of completion, the local authority considers that the building work contravenes any requirement of the Building Regulations.
The Local Authority may serve a Notice (under their powers contained in Section 36 of the Building Act 1984) requiring the builder to take down or alter the building work within 28 days.
If the Builder disagrees with the Local Authority, he may notify that he intends to obtain an independent expert report (under Section 37 of the Building Act 1984) in which case the period is extended to 70 days.
The Local Authority may withdraw the notice in the light of the independent report. Nevertheless, if they do not, the Builder may appeal the Section 36 Notice to the magistrates' court (under section 40 of the Building Act 1984).
Note. Failure to ensure that controlled building work does comply with the Building Regulations will lead to difficulties and delays (and possible additional costs) in any future sale of the property.
Since July 2002 specific questions, to confirm that all necessary Building Regulation consents for any building works that has been carried out, are now required by the Law Society as part of the Solicitors "Searches" before any property may be sold or re-mortgaged.