Regularisation procedure and certificates
It is not uncommon for building work to be undertaken without the appropriate procedure being followed. Where this happens, problems often arise later during the conveyance process. This leaflet provides information about the regularisation procedure and what to do to sort out the difficulties.
The regularisation procedure allows the Local Authority to consider appropriate works carried out and completed without the submission of plans and giving of notice only for very minor works. For any other works building control can request that scaled plans be provided.
However, in order to assess whether compliance with Building Regulations has been achieved, the Council can ask the applicant to 'open up' work and in addition building control can request that as built plans and details be provided for checking. This assumes a reasonable level of cooperation between the applicant and the Council.
Regularisation is a procedure which property owners follow when problems arise in conveyance, i.e. the selling of property.
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 only to 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. This assumes a reasonable level of cooperation between the applicant and the Council.
An application for a regularisation certificate can only be made where:
- The work commenced after 11 November 1985*, and
- The work came within the scope of Building Regulations, and
- No application was made at the time the work was carried out
(*note: replacement of roof coverings exceeding 50% of the roof requires approval after April 2006)
Issue of certificate
Before a certificate can be issued the Council must be reasonably satisfied that the works conform to the Building Regulations and that there is no risk to the health and safety of persons in or around the property.
The Council will then either:
- Issue a Certificate indicating that the unauthorised works are in compliance with the Building Regulation standards, or
- Tell you what additional works are required to meet Building Regulation standards.
Please consult Building Control prior to making an application. They will tell you what information is required and the fee they have to charge for the type of work involved.
The fee for the regularisation application is not refundable in the event of a certificate not being issued.
You are reminded that Building Regulations approval does not imply approval under the Town and Country Planning Act. You should always check whether or not a planning application is required.