If this is carried out and the works comply or if alterations are made to ensure compliance with the Regulations a "Regularisation Certificate" will be issued. If works do not comply or you are not prepared to open up the necessary areas for inspection no further action will be taken and a "Regularisation Certificate" will not be issued. There is a charge payable which is not subject to VAT to the council for this type of application.
The money must be deposited with your application for it to be valid. Details are attached to the application form. This Regularisation Charge is not refundable whether or not you obtain a "Regularisation Certificate".
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If informal enforcement does not achieve compliance with the regulations the local authority has two formal enforcement powers which it may use in appropriate cases. First, if a person carrying out building work contravenes the Building Regulations, the local authority may prosecute them in the Magistrates' Court where an unlimited fine may be imposed sections 35 and 35A of the Building Act Prosecution is possible up to two years after the completion of the offending work. This action will usually be taken against the person carrying out the work builder, installer or main contractor.
Alternatively, or in addition, the local authority may serve an enforcement notice on the building owner requiring alteration or removal of work which contravenes the regulations section 36 of the Act.
If the owner does not comply with the notice the local authority has the power to undertake the work itself and recover the costs of doing so from the owner.
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