Contravening building regulations

Part of: Building regulations

The building regulations can be contravened by:

  • not following the building control procedures set out for handling your building work
  • carrying out building work which does not comply with the requirements of the building regulations

We have a general duty to enforce the building regulations in Haringey and will seek to do so by informal means wherever possible.

If a person carrying out building work contravenes the building regulations, we may decide to take them to the Magistrates’ Court where they could be fined level 5 on the standard scale (unlimited) for the contravention, and £50 for each day the contravention continues (section 35 of the Building Act 1984). This action will usually be taken against the builder or main contractor, although proceedings must be taken within 6 months of the offence (section 127 of the Magistrates’ Courts Act 1980).

Alternatively (or in addition), we may serve an enforcement notice on the owner requiring them to alter or remove work that contravenes the Building Regulations (section 36 of the 1984 Act). If the owner does not comply with the notice we have the power to undertake the work ourselves and recover the costs of doing so from the owner. Although an enforcement notice cannot be served on you after the expiration of 12 months from the date of completion of the building work, this does not affect our (or any other person’s) right to apply to the courts for an injunction for the same purpose.