Building Control Act 1990

Enforcement notice.

8

8. (1) Where—

( a) the construction of any building or the carrying out of any works to which building regulations apply is commenced or has been completed or any material change takes place in the purposes for which any building is used, and

( b) the building or works are not designed or have not been, or are not being, constructed or carried out in conformity with building regulations, and

( c) the failure to comply with building regulations is not such a failure in relation to which the building control authority would be prepared to grant a dispensation or relaxation pursuant to this Act,

the building control authority may serve a notice (in this Act referred to as an enforcement notice) under this section.

(2) An enforcement notice shall not be served, in respect of the building or works concerned, after the expiration of the period of five years commencing on the date of—

( a) the completion of the building or the works, or

( b) the material change in the purposes for which the building is used.

(3) An enforcement notice may be served on—

( a) the owner of the building or works concerned, or

( b) any other person who carried out, or is carrying out, the works to which the notice applies.

(4) An enforcement notice, in particular and without prejudice to the other provisions of this section, may—

( a) require such steps as may be specified in the notice to be taken within such period as may be so specified for the purposes of ensuring compliance, subject to any dispensation or relaxation already granted under section 4 or 5 or to any appeal under section 7 which has been allowed, with building regulations and any such notice may require—

(i) the removal, alteration or making safe of any structure, service, fitting or equipment, or

(ii) the discontinuance of any works or the doing of any other thing as may be specified in the notice in relation to the building or works to which the notice relates;

( b) prohibit the use of a building, or a specified part of a building, for any purpose specified in the notice until specified precautions are taken to the satisfaction of the building control authority by the removing, altering or making safe of any structure, service, fitting or equipment or the discontinuance of any works or by the doing of any other thing in relation to such building or such specified part of a building F17 [ that may be required by the notice; ]

F18 [ ( c ) require a person on whom the notice is served to pay to the building control authority the costs and expenses reasonably incurred by the authority in relation to the investigation and detection of the matters, the subject of the notice, the service of the notice and the preparation and giving of any warnings before the service of the notice, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers,

and, as regards the costs and expenses referred to in paragraph ( c ), in default of their payment, the authority may, subject to section 9 and without prejudice to subsection (8), recover the costs and expenses as a simple contract debt in any court of competent jurisdiction. ]

(5) Subject to subsection (6), an enforcement notice shall take effect at the expiration of such period (being a period of not less than fourteen days beginning on the date of the service of such notice) as may be specified therein.

(6) A person on whom an enforcement notice has been served pursuant to this section shall—

( a) if he does not apply to the District Court pursuant to section 9 , comply with the terms of the notice within the period specified therein,

( b) if he applies to the District Court pursuant to section 9 , and the notice is confirmed by the District Court either unconditionally or subject to modifications, alterations or additions, comply with the terms of the notice, or the notice as modified, altered or added to by the District Court, as the case may be, within the period specified in the notice, the period beginning on the date of the determination of the application to the District Court,

( c) if he applies to the District Court pursuant to section 9 , and withdraws such application, comply with the terms of the notice within the period specified in the notice, the period beginning on the date of the withdrawal of the application.

(7) Where a person fails to comply with the requirements of subsection (6), the building control authority may enter into any building or works to which the enforcement notice relates, and may enter any land necessary for that purpose, and therein take any action or do anything required by the notice.

(8) Where a building control authority pursuant to subsection (7) enters into any building or works to which the enforcement notice relates and takes any action or does anything in relation thereto, the building control authority may, on satisfying the Court that the person on whom the enforcement notice was served is either the owner of the building or a person who carried out the works to which the enforcement notice relates, and that such person failed to comply with the requirements of subsection (6), recover as a simple contract debt in a court of competent jurisdiction the costs of taking the action or doing such thing from the person on whom the notice was served.