COMMUNITIES AND LOCAL
GOVERNMENT News Release (143) issued by The Government News Network
on 31 July 2007
The Government is
today seeking views on plans to beef up powers for local
authorities to tackle illegal or botched construction.
Currently, authorities only have six months from completion of
non-compliant work to bring a prosecution for breaches of building
regulations and Government has listened to concerns that a longer
period is needed to make enforcement more effective, given that
defects may not become immediately apparent.
Proposals in the consultation paper published today would
increase the time limit in which a prosecution can be brought to
two years. Within this period, a prosecution can be brought within
six months of discovery of sufficient evidence to prosecute.
Iain Wright, Minister at Communities and Local Government
said:
"Local authority building control representatives
have stressed the barrier to effective enforcement that the
current six months allowed for prosecution can pose - it is not
long enough. It is not right that those committing serious
breaches and avoiding justified enforcement action are putting
themselves and others at health and safety risk.
"They can also be reducing the energy efficiency potential
of buildings - everyone should be striving to make buildings as
environmentally friendly as possible. A more efficient enforcement
regime should prove to be a more effective deterrent to
non-compliance, ensuring that unscrupulous and lazy builders
cannot benefit at the expense of the law-abiding majority".
The consultation document is clear that prosecution is aimed at
flagrant, wilful or repeated non-compliance not one-off minor
failures. The Government wants to ensure a level playing field for
industry and these proposals will impose no additional burdens or
risk of prosecution for those who comply with Building Regulation requirements.
Notes to Editors
1. The consultation document can be found here:
http://www.communities.gov.uk/index.asp?id=1512082
2. Prosecutions for breaches of the Building Regulations are
taken by local authorities under powers in Section 35 of the
Building Act 1984. At present prosecutions can be brought only
within six months of the commission of the offence, which in
practice is usually the date of completion of the non-compliant work.
3. The Climate Change and Sustainable Energy Act 2006 amended the
Building Act by inserting a new Section 35A which gives local
authorities a two year period in which to bring prosecutions for
breaches of the energy efficiency provisions of the Building
Regulations. For this extended time period to become operative
Section 35A requires the specific provisions to be designated and
the consultation paper proposes that this be done in autumn 2007.
4. Ministers gave a public undertaking, at the time of the
passage of the Climate Change and Sustainable Energy Act, to seek
the earliest opportunity to extend the longer time limits to all
breaches of the Building Regulations. It is hoped that this can be
done in the 2007/8 Session.
5. Local authorities employ a range of measures to secure
compliance with the Building Regulations. The most common way is
through informal advice and guidance which is effective in almost
all cases. They also have powers to issue a notice under Section
36 of the Building Act requiring the building owner to bring the
non-compliant work up to the required standards or to remove the
work. A criminal prosecution is normally reserved as a last resort
but is justified in some cases for wilful, flagrant or repeated breaches.
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