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Regularisation Applications
It's not uncommon for building work to be undertaken without the appropriate procedure being followed. Where this happens, problems often arise during the conveyancing process. This guidance note provides information about the Regularisation procedure and what to do to sort out the difficulties.
Purpose
The Regularisation procedure allows the Local Authority to consider appropriate works carried out without the submission of plans and giving of notice.
This power does not replace the enforcement powers already available to the Local Authority and does not provide a short cut for those who failed to follow the correct procedure.
Regularisation Procedure
Regularisation is a procedure which property owners follow in cases where problems arise in the conveyancing, i.e. selling of property and in unauthorised works.
It is important to note that an owner is under no obligation to make an application for a Regularisation Certificate; equally the Council is under no obligation to accept it. An application for a Certificate can relate to completed or partially completed work.
However, in order to assess whether compliance with Building Regulations has been achieved, the Council can ask the applicant to 'open up' work which assumes a reasonable level of cooperation between the applicant and the Council.
An application for a Regularisation Certificate can only be made where:
- no application was made at the time.
- the work commenced after 11 November 1985.
- the work came within the scope of Regulations.
Issue of Certificate
The Council may say whether additional works are required to meet Building Regulation standards, or issue a Certificate indicating that the unauthorised works are in compliance with the Building Regulations standards.
Please consult the Building Control service, prior to making an application. You will be informed of what information is required and the fee you will be charged for the type of work involved.