What happens if works have been carried out to a property without Building Regulations and can a retrospective application be made?
Only if works have been completed within the past 12 months can the Local Authority take court proceedings and require a Building Regulations application for works to be made and require the removal/alteration of any contravening works under Section 36 of the Building Act. However, if the works were completed after 11th November 1985, an application can be made to the Local Authority, with accompanying plans and details of the works and the appropriate fee, for a Regularisation Certificate. The Local Authority will issue this certificate after examining the plans and works on site, including opening up and testing, if necessary, and carrying out any further works to enable compliance with the Building Regulations. Alternatively, both the Local Authority and any private individual can apply to the courts for an injunction requiring the removal or alteration of offending works even if the 12-month limit has been exceeded.
