| Contraventions and Appeals |
| |
| Contraventions of Building Regulations can generally
be categorised as follows: |
|
1.
|
Failure to deposit plans
before commencing building works. |
|
2.
|
Failure by the builder
to give the required notice at specified stages of the work. |
|
3.
|
Failure to comply with
the requirements of the Building Regulations in carrying out
work on site. |
|
| |
| The Council has legal powers to deal with each
type of contravention. Building Control will seek co-operation with
the builder to rectify a contravention but failing this legal action
will be taken. Legal action is usually taken only as a last resort,
normally after all other avenues for resolving a contravention have
been exhausted. |
| |
| Where the building work does not comply with
the Building Regulations the Council is empowered to serve a Building
Regulations Contravention Notice. The Notice will specify the contravention
and the period of time, normally 28 days, within which work must
be made good, altered or removed. |
| |
| On receipt of a Contravention Notice there are
three courses of action open: |
|
1.
|
Compliance with the Notice
– this will involve making good or removing the defective
work. |
|
2.
|
Challenging the Notice
– this will involve obtaining a report from a suitably qualified
person who will set out reasons why the Notice should not
have been served. This report should be submitted to the Council.
If the Council refuses to accept it there is a right of appeal. |
|
3.
|
Appealing to the Department
of Finance and Personnel – this is a direct appeal to the
Department against the service of the Notice of Contravention. |
|
