Contraventions and Appeals
Contraventions of Building Regulations can generally be
categorised as follows:
- Failure to deposit plans before commencing building works.
- Failure by the builder to give the required notice at specified
stages of the work.
- 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:
- Compliance with the Notice – this will involve making good or
removing the defective work.
- 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.
- Appealing to the Department of Finance and Personnel – this is
a direct appeal to the Department against the service of the Notice
of Contravention.
