| Appeal Against a Notice |
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| You have the right to appeal against
any decision by the Building Control Department. This section describes
how to make an appeal against a Notice of Contravention. The guidance
in this section is for Applicants, Designers and Builders where
they are involved with building projects and have received a Notice
of Contravention. |
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| When works on site are undertaken those works
are evaluated against the Building Regulations. Section 36 of the
Building Regulations, Building Act 1984 states that where works
contravene any of the Building Regulations, a council shall serve
a notice on the owner requiring the owner to pull down or remove
the work or carry out such work that would make it comply. |
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| Our first notification about observed
contraventions of the Building Regulations is usually through a
letter listing observed contraventions. This letter should be regarded
as a warning and should be taken seriously. It is normally used
to allow reasonable time for works to be carried out to remove the
contravention. However, there may be occasions that due to the severity
of the contravention, a letter may not be sent and a Contravention
Notice is sent in the first instance. |
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| Contravention Notice |
| If the contravention is not resolved
a Contravention Notice will be served on the owner. As the Contravention
Notice is enforced through the magistrate’s court we consider this
formal notification a last resort. |
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| Section 36 of the Building Regulations
Building Act 1984 (as amended) also permits the council to serve
a Contravention Notice on other persons including the occupier;
the builder; the person causing the work to be done; or any other
person appearing to have control over the work. |
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| If after 28 days following the serving
of the notice the person fails to comply with the notice, the council
has the right to carry out works that remove the contravention and
recover from that person reasonable costs incurred by the council.
Alternatively the council can action the Contravention Notice through
the courts. |
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| The council can at any time withdraw
the Contravention Notice without prejudice to serve another. If
the council withdraws a notice it will give notification of the
withdrawal to the person on whom the Contravention Notice was served. |
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| Limitations |
| The Council cannot issue a Contravention
Notice after 18 months from the date the work was completed; or
where plans for proposed work were submitted and approved and the
work has been executed in accordance with the plans. |
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| Although the Council cannot serve
a Contravention Notice on work carried out 18 months after that
work was completed, this does not affect its right to apply for
an injunction for the removal or alteration of any work on the ground
that it contravenes any Building Regulation. |
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| Obtaining a Report |
| Upon receiving a Contravention Notice
the person served with the Notice can notify the Council of their
intention to submit a written report from a suitably qualified person
concerning work to which the Contravention Notice relates. |
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The Council must be notified in writing of the
intention to submit a written report within 28 days of the
Contravention Notice being served. |
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The Council must receive the written report
within 56 days of the Contravention Notice having been served. |
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The Council must notify in writing as a result
of its consideration of the report if it intends to wthdraw
the Contravention Notice (the Council may pay reasonable expenses
incurred as a result of having served the notice including,
in particular, the expense incurred in obtaining the report);
or proceed with the Contravention Notice. |
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| How to Appeal |
| Upon receipt of a Contravention Notice
you have 28 days within which to lodge a written appeal against
our decision. Where a report has been obtained the 28 days period
is extended to 70 days from serving the notice. |
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| The written appeal must clearly
indicate the grounds of the appeal and be sent to: Secretary of
State, Dept of Communities and Local Government. |
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| An additional copy should also be
sent to us. |
