Regularisation Certificates
It is not uncommon for building work to be undertaken without the appropriate procedures being followed. Where this happens, problems often arise during the conveyance process. The guidance information provided on this website about the Regularisation procedure will help identify what to do to sort out the difficulties.
Purpose
The Regularisation procedure allows the Local Authority to consider appropriate works carried out and completed without the submission of plans and giving of notice.
This power does not replace the enforcement powers already available to the local authority and does not provide a short cut for those who failed to follow the correct procedure.
Regularisation Procedure
Regularisation is a procedure which property owners follow where problems arise in the conveyance, i.e. selling of property.
It is important to note that an owner is under no obligation to make an application for a Regularisation Certificate; equally, the Council is under no obligation to accept it. An application for a Certificate can relate only to completed work.
However, in order to assess whether compliance with Building Regulations has been achieved, the Council can ask the applicant to 'open-up' work, which assumes a reasonable level of co-operation between the applicant and the Council.
An application for a Regularisation Certificate can only be made where:
- the work commenced after 11 November 1985;
- the work came within the scope of Regulations, and
- no application was made at the time.
Issue of Certification
Before a certificate can be issued the Council must be reasonably satisfied that the works conform to the Building Regulations and that there is no risk to the health and safety of persons in or around the property.
The Council may then:
- Say whether additional works are required to meet Building Regulation standards, or
- Issue a Certificate indicating that the unauthorised works are in compliance with the Building Regulations standards.
Please consult the Building Control service, prior to making an application. They will say what information is required and the fee they have to charge for the type of work involved.
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