DIYbanter - View Single Post - Retrospective Building Regs Compliance (from uk.legal)

Terry Fields

wrote:

Can you give us a link to the test case you mentioned?

'Postman Pat' of UK legal followed up a similar query with the
quotation below, but it should be noted that (apparently) the
solicitor's web site doesn't give a reference, and the keen brains on
uk.legal haven't found it either, yet:

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The handout I have says (verbatim but typed in)

The power which the LA have to compel you to bring alterations up to
an acceptable standard is set out in s36 of the building act 1984.
Under that section they can serve a notice (a s36 notice) upon you to
carry out the remedial works and if you fail to do so, carry out the
work themselves and recover the costs from yo, but the LA cannot
servie the notice more than 12m after the alterations were completed.
In recent years it has therefore been assumed that provided the
alterations were completed at least 12m ago there was no risk...

However s36 has a further provision which states that the 12m
limitation does not prevent the LA from applying for an injunction for
the removal or alteration of works if they don't comply with the
building regs. This provision appears to have been overlooked in the
past but was highlighted in a case in 2000. As a result, it is no
longer safe to assume that a LA has no power to deal with old
unauthorised alterations.

The firm who wrote this is

http://www.gsfwsolicitors.co.uk/

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