Building Regulations – Liability

Building has become a serious business. Individuals can now be liable for contraventions of building regulations. If the body corporate under the Building Act 1984 commits an offence under that Act then new section 112A provides that if the offence was committed with the consent or connivance of any director, partner, member, manager, secretary or similar officer of the body corporate or anyone purporting to act in that capacity or attributable to the neglect on the part of such a person then the person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. Contravening a provision of building regulations is an offence under the Building Act. This change in the law lifts the corporate veil and because neglect is sufficient to make the person liable, it has become very important for all managers, directors, secretaries or similar to be properly trained in the building regulations and in particular the new regime introduced by the Building Safety Act. The message is you can no longer hide behind the company if you have a position of responsibility.

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