How long does the Council have to take formal enforcement action for a contravention of the Building Regulations?
A20 If the Council is to serve notice under Section 36 of the Building Act then it must do so within 12 months of the offence occurring. Proceedings for a fine must be taken within 6 months and there is also provision for a continuing daily financial penalty. However, in respect of serious public safety infringements there is provision to enable anyone, including the Local Authority, to seek an injunction from the Courts which is not subject to the same time constraints.
If the Council is to serve notice under Section 36 of the Building Act then it must do so within 12 months of the offence occurring. Proceedings for a fine must be taken within 6 months and there is also provision for a continuing daily financial penalty. However, in respect of serious public safety infringements there is provision to enable anyone, including the Local Authority, to seek an injunction from the Courts which is not subject to the same time constraints. Please see the Enforcement Policy.
