Failure to comply with the building regulations
If you do not follow the building control procedures set out for handling your building work or you carry out building work which does not comply with the requirements contained in the building regulations, you will have contravened the regulations.
Prosecution and enforcement notices
Cherwell District Council as a local authority has a general duty to enforce the building regulations in its area and will seek to do so by informal means wherever possible. If informal enforcement does not achieve compliance with the regulations, then we have two formal enforcement powers which we may use in appropriate cases.
First, if a person carrying out building work contravenes the Building Regulations, then we have the power to prosecute in the Magistrates' Court where an unlimited fine may be imposed, as well as a potential custodial sentence of up to two years (sections 35 and 35A of the Building Act 1984). Prosecution is possible up to two years after the completion of the offending work. This action will usually be taken against the person carrying out the work (builder, installer or main contractor).
Alternatively, or in addition, we have the power serve an enforcement notice on the building owner requiring alteration or removal of work which contravenes the regulations (section 36 of the 1984 Act). If the owner does not comply with the notice the local authority has the power to undertake the work itself and recover the costs of doing so from the owner.
For further detail, please see our Building Control Enforcement Policy.