Building Control Enforcement
Cornwall Council Building Control helps make sure work complies with the Building Regulations.
Our priority is to work positively with everyone so that work is safe, compliant and properly inspected.
Most issues can be resolved informally through inspection and agreement on remedial work.
Where this is not possible, or where work presents a risk to health, safety and welfare, we may consider formal enforcement action.
When Building Control Enforcement May Apply
We may look at taking action if:
Building work starts without the correct application.
The work does not meet regulations.
Required checks or inspections were not carried out.
The owner has not complied with requests to rectify issues.
Our Enforcement Approach
We take a proportionate, risk-based approach.
We will consider:
The nature of the work,
The level of risk,
The stage of construction,
The willingness of the responsible person to rectify matters and
Whether formal action is necessary to secure compliance.
Enforcement action is discretionary and will be considered on a case-to case basis.
Where appropriate, we may use:
Informal advice,
Written requests for remedial work,
Site inspections,
Compliance notices,
Stop notices,
Prosecution or
Other legal remedies available under the Building Control Legislation
Work Carried out without Approval
If building work has been carried out without a Building Regulations application, the owner may be able to apply for a Regularisation certificate.
This is a retrospective application process for unauthorised work carried out on or after 11 November 1985.
Regularisation Applications may need:
Plans,
Structural calculations or,
Opening up parts of the work so that a surveyor can assess compliance.
A Regularisation certificate is not guaranteed.
The public register will show as accepted when the application is made and will show as complete once the regularisation certificate has been issued.
Planning Permission and Building Regulations
Planning Permission and Building Regulations are separate legal requirements.
Planning considers whether development is acceptable in principle and how it effects the surrounding area.
Building Regulations consider how the work is designed and built, including matters such as:
Structure,
Fire safety,
Drainage,
Accessibility,
Energy efficiency and
Public safety.
You may need Planning Permission, Building Regulation approval, or both, check before starting work.
If you receive a notice or formal request from the Council:
A compliance notice,
Stop notice,
Requisition for information or
Police and Criminal Evidence Act 1984 interview request by post from the Council,
Please read any documents carefully and do not ignore it.
The letter or notice will explain why it has been sent, what information or action is needed and the date by which you must respond.
You should contact the named Officer as soon as possible if you need:
Clarification,
Believe the notice has been sent to you in error,
Need more time to respond or,
Want to discuss how to put matters right.
You may also wish to seek independent legal advice or professional advice, particular where formal enforcement action is being considered or where you have been invited to attend an interview under caution.
We make take further enforcement action if you fail to:
Respond,
Provide information,
Stop work when required or,
Meet the requirements of the notice
This could include prosecution or other legal steps available to the council.
Responding promptly helps us understand the circumstances and may help resolve the matter without further action.
Report a Building Control Concern
When reporting a concern, please provide the:
Address,
A description of the work or risk,
Photographs if available and
Your contact details so we can ask for further information if needed.
We will review the information provided and decide whether the matter falls within the Building Control powers or should be referred to another Council Team or external organisation.
Email buildingcontrol@cornwall.gov.uk
Building Control cannot resolve private disputes about:
Land ownership,
Boundaries,
Party walls,
Damage to neighbouring property or
Contractual issues with builders.
You may need independent legal or professional advice for those matters.
Contact Building Control
For Building Control Enforcement enquiries, contact Cornwall Council Building Control.
If your concern relates to Planning Control, Environmental Health, Private Sector Housing, Licensing or Fire Safety, we may redirect your enquiry to the appropriate service.