Enforcement Policy

Introduction

Our Enforcment Policy has been prepared in accordance with the Cabinet Office Enforcement Concordat. This ensures that when carrying out enforcement work Building Control Consultancy will:

• Be open about its actions, demonstrate fairness and impartiality
• Take a consistent yet flexible approach
• Be considerate to complaints
• Treat matters with proportionality
• Assist service users wherever possible

This policy is aimed at members of the public and business users.

The duty of others

In the first instance it should be the responsibility of all designers, builders and property owners to make every effort to ensure that they comply with the requirements of the Building Regulations and associated legislation.

Statement of Intent

The policy of RBWM Building Control Consultancy is to ensure that all building works, works of demolition and dangerous structures falling under its control are dealt with in such a manner so as not to prejudice peoples health, safety, welfare and convenience.

The Council has various means at its disposal to ensure that the legislative requirements enforced by Building Control Consultancy are met. These range from:

• giving verbal or written advice together with contact name and telephone number
• guidance notes and other educational aids
• issuing warning letters
• serving statutory notices
• prosecution through the criminal courts

Enforcement practice

The premise from which Building Control Consultancy operates is one of pro-active prevention rather than obtaining a cure after the defect has arisen.

At an informal level, Building Control Consultancy is always willing to offer advice about the best way of securing compliance either before or during building works.

Formal enforcement procedures are laid down within the Building Regulations and the Building Act 1984.

All Building Control Surveyors are professionally qualified and therefore competent in the handling of all cases. They will be courteous and efficient in their dealings with everyone.

When deciding what degree of enforcement to exercise, Building Control Consultancy will give consideration to the following:

• the seriousness of the offence in terms of its impact on peoples' health, safety, welfare and convenience
• the previous history of the offender
• the consequences of non-compliance
• likely effectiveness of various enforcement options

The choices of remedies available to Building Control Consultancy will range from:

• taking no action
• taking informal action
• taking emergeny action to carry out the work
• serving a statutory notice
• taking action in default
• prosecution

Where emergency action becomes necessary, Building Control Consultancy will make every effort to inform the owners before carrying out the work.

Criminal prosecutions will generally follow where there has been a serious offence or a blatent disregard of the legislation.

All written or verbal documentation will be clearly written and contain clear instruction as to what is required and why it is required. It will set out the legislative requirement which is considered not to have been met. It will also specify the measures necessary to comply and any alternatives that will be accepted. A clear distinction will be made between what is goodwill advice and what is a statutory requirement.

Where possible, and when within the expertise of the Building Control Surveyor, advice given in securing compliance will have regard to minimising the costs.

Where appropriate, reasonable and realistic time limits will be set to allow remedies to be carried out. Flexibility will be exercised where a degree of goodwill is expressed by the appellant.

Where there is an appeal procedure against a formal notice, this will be clearly explained and any time constraints made apparent.

•   Building Control Consultancy Enforcement Policy (pdf) 121kb

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