Can I appeal an enforcement notice?
You may receive an enforcement notice from your local authority if they believe that building work in or around your home doesn’t comply with building regulations. What this means is that you'll have to rectify or even remove the work which is in breach of building regulations.
I've got an enforcement notice but I think my building work is compliant. What can I do?
If you feel that your work does comply you can appeal against the notice in two ways:
- Contact your local authority and request a report, which is written by a suitably qualified person, about the compliance of your work and try to reach agreement on the issues. In this case the 28 day period that the local authority gives you to alter or remove the building work is extended to 70 days.
- Take your appeal to the magistrates' court and demonstrate that your building work complies. You'll have to appeal within 28 days of receiving the notice or within 70 days if you've already been through the first option.
Whichever process you go through, if your appeal is successful your local authority may cover your costs.
If you believe your work can't be expected to comply with building regulations in one way or another because a requirement isn't applicable, you can apply to your local council for something known as a relaxation or dispensation of a building regulation requirement so that your construction work can be deemed compliant.
You have to apply for a relaxation or dispensation within 28 days of receiving the enforcement notice from your authority. Applications may be refused, in which case you have a right to appeal (within one month) to the Ministry of Housing, Communities and Local Government in England, or to the Welsh Assembly Government.
Want to make sure your building work is right in the first place?