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Building Regulation Appeals and Enforcement

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You may appeal to the Department of Communities and Local Government (C&LG) against a decision of the Council to:
 
  1. Reject plans 
  2. Refuse to grant an application for Relaxation of Building Regulations
  3. Add a condition to the grant of an application for Relaxation
  4. Serve a contravention notice in respect of defective work
 
In respect of (1), (2) and (3) above, an appeal must be lodged with the Department within 56 days of the date of notification of the decision. With respect to (4), contravention notices, more information is given in the next section.
 
The Building Control Department will advise you on the procedure to be followed in lodging an appeal.
 
Contravention of Building Regulations
 
Contravention of Building Regulations can generally be categorised as follows:
 
  1. Failure to deposit plans before commencing building works
  2. Failure by the builder to give the required notice at specified stages of the work
  3. Failure to comply with the requirements of the Regulations in carrying out building work on site
 
The Council has legal powers to deal with each type of contravention. Building Surveyors will seek co-operation in eliminating a contravention but failing this legal action will be taken.  Legal action, however, is usually taken only as a last resort,  after all other avenues of resolving a contravention have been exhausted. The Public Protection Division at Wokingham BC share a common enforcement policy.
 
Where the building work does not comply with the Regulation, as mentioned in (3) above, the Council is empowered to serve a Building Regulations Contravention Notice. The Notice will specify the contravention and the period of time, normally 28 days, within which work must be made good, altered or removed.
On receipt of a Contravention Notice there are four courses of action open:
 
  1. Compliance with the Notice - this will involve making good or removing the defective work
  2. Challenging the Notice - this will involve obtaining a report from a suitably qualified person setting out reasons why the Notice should not have been served.  The report is submitted to the Council; if the Council refuses to accept it there is a right of appeal to the C&LG
  3. Appealing to the C&LG - this is a direct appeal to the Department against the service of the Notice
  4. Applying for Relaxation of the Regulations which had been contravened - the application will normally be to the Council in the first instance; if the Council refuses the application there is a right of appeal to the C&LG
 
For full details on how to appeal or apply for a determination please use this link to the C&LG site.
 
 
If you are in any doubt please don't hesitate to contact us at building.control@wokingham.gov.uk. 

Wokingham Borough Council, Civic Offices, Shute End, Wokingham, RG40 1BN.   
Telephone: (0118) 974 6000    Minicom: (0118) 974 6991    Email: wokinghambc@wokingham.gov.uk