The Building Safety Act introduced the sanctions for failure to comply with building regulations which include if tried in a Magistrate’s Court, imprisonment not exceeding 12 months and/or an unlimited fine. If tried in the Crown Court, imprisonment not exceeding 2 years and/or an unlimited fine. In addition, there is a further £200 per day fine for each day the contravention continues after the initial conviction. Notices requiring the removal or alteration of non-compliant work can be issued in addition to the aforementioned sanctions and it can be issued by building control for a period of 10 years from the date of completion of the works. If you do not comply with a notice building control can make an application to pull down or remove the work in question or make such alterations as necessary and recover the expense from the offender. Two game changing amendments have been introduced, firstly the introduction of a prison sentence and secondly the change from the 1 to 10-year period that building control can require compliance. When buying a house that is not compliant with building regulations you will not be liable for committing an offence, but the building control authority could require you to pull down, remove or make alterations for a period of 10 years whether or not you were the party who committed the offence. Something to look out for when buying a building that has been built in the last 10 years.
