Enforcement
The Council has a statutory duty to enforce the building regulations subject to and in accordance with The Building regulations (NI) Order 1979 (as amended). Where work is carried out in contravention of the building regulations we will seek to ensure that appropriate remedial works are implemented.
Compliance with the regulations will usually be achieved through discussion and correspondence with the applicant and/or builder. In circumstances however where remedial works to abate contraventions are not carried out we may have to resort to a more formal approach.
When someone fails to comply with the building regulations they will have committed an offence and in such circumstances the Council could take action to prosecute the offender. Rather than resorting to court action in the first instance the Council will usually first serve a Contravention Notice and only if the terms of the Notice have not been met will prosecution follow.
Contravention Notice : A Contravention Notice will give the offender a period of 28 days to rectify the works. If the person on whom the Notice has been served disagrees with the Notice they will have two alternatives:
Seek advice from the a suitably qualified person and if they tell the District Council they intend to do this the 28 day period specified in the Contravention Notice is extended to 70 days. If they obtain a report from a suitably qualified person such a report must be submitted to the District Council within 56 days from the date on the Contravention Notice. As a result of consideration of the report the Council will either withdraw the Contravention Notice or confirm it.
Appeal to the Department of Finance and Personnel (Construction Service) within 28 days from the date on the Contravention Notice (or within 70 days if notice of intention to obtain a report as (a) has been given). The Department of Finance and Personnel (Construction Service) may overrule the District Council and direct that the Notice be withdrawn, or if it determines that the District Council was entitled to serve the Contravention Notice, confirm the Notice (again the decision of the Department of Finance and Personnel (Construction Service) is final and conclusive except on any question of law). Penalties for contravening Building Regulations
If someone contravenes the Regulations by building without notifying the District Council or by carrying out work that does not comply, the District Council can commence proceedings that may lead to a fine. If someone is convicted, they are liable to a penalty not exceeding £5,000. If the offence is a ‘continuing offence’ a daily fine may be imposed by the courts until the contravention has been abated. In addition, to the payment of fines, the Court may order a defendant to pay legal costs to the Council.
