Property (Planning) - Building Regulatory Control (2) Flashcards
What is building regulations control?
Building Regulations and Control: Development must comply with the building regulations and control.
(1) Building Regulations: Standard of building development for health and safety purposes.
(2) Building Control: The function of enforcing regulations and permitting development.
What is building permission?
Building Permissions: Permission is required in respect of property developments to comply with building regulations.
(1) Building Control Authority: Permission can be sought from a Building Control Officer at the BCA. They will inspect works multiple times, and issue a ‘Certificate of Compliance’ once satisfied.
(2) Self-Certification: Tradesmen may be self-certified to conduct works following qualification through relevant professional bodies without permission. They simply need to notify the BCA.
What happens if there is a breach of building regulation?
Breach of Building Regulations: Breach of regulations or failure to seek permission engenders enforcement remedies.
(1) Enforcement Notice: In Wales, BCA can serve notice to remove or alter development within 1 year. In England, the time limit is within 10 years of completion of the work.
(2) Prosecution: In Wales, prosecution must start within 2 years of breach. In England, there is now no time limit.
(3) Injunction: Injunctions can be sought for unsafe works forever.
What is the effect of building legislation on conveyancing?
Effect on Conveyancing: Purchasers should consider the effect of non-compliant developments.
(1) Lenders: Lenders will typically refuse to secure against non-compliant properties.
(2) Search and Enquiry: Building consents can be found on the Standard Search (Form CON29), and the seller may reveal relevant information.
(3) Insurance: Breach insurance is available for risk of non-compliance, but this will not cover personal injury or loss of profit.
