It's not uncommon for building work to be undertaken without Building Regulation approval. Where this happens, problems often arise if you decide to sell your property, during the conveyancing process. This guidance note provides information about the Regularisation procedure and what to do to sort out the difficulties.
Purpose of Procedure
The Regularisation procedure allows the Local Authority to consider appropriate works carried out without the submission of plans and the necessary statutory site inspections.
This power does not replace the enforcement powers already available to the Local Authority and does not provide a short cut for those who failed to follow the correct procedure.
Regularisation Procedure
Regularisation is a procedure which property owners follow in cases where problems arise in the conveyancing, i.e. selling of property where unauthorised works have been undertaken.
It is important to note that an owner is under no obligation to make an application for a Regularisation Certificate; equally the Council is under no obligation to accept it. An application for a Certificate can relate to completed or partially completed work.
However, in order to assess whether compliance with Building Regulations has been achieved, the Council can ask the applicant to 'open up' work which assumes a reasonable level of co-operation between the applicant and the council.
An application for a Regularisation Certificate can only be made where:
- no application was made at the time
- the work commenced after 11 November 1985
- the work came within the scope of Regulations
Issue of Certificate
Before a certificate can be issued the Council must be reasonably satisfied that the works conform to the Building Regulations and that there is no risk to the health and safety of persons in or around the property.
The Council may :-
- Say whether additional works are required to meet Building Regulation standards, or
- Issue a Certificate indicating that the unauthorised works are in compliance with the Building Regulations standards.
Please consult the Building Control Service, prior to making an application. They will specify what information is required and the fee they have to charge for the type of work involved.
The following will be required when applying for a Regularisation Certificate:
- An application form for a Regularisation Certificate.
- The fee payable for a Regularisation Certificate is 120% of the net fee (i.e. Plan Fee and Inspection Fee combined), no VAT is payable
Download application form from the right hand side of the page