Regularisation is a procedure which property owners can follow where a retrospective approval under the Building Regulations can be issued (a Regularisation Certificate). This can be particularly helpful where confirmation that the works were in compliance with the regulations is required, as part of the conveyance process in the sale of a property.
A Regularisation Certificate is an evidence (but not conclusive evidence) that the requirements of the Building Regulations specified in the certificate have been complied with.
It is important to note that an owner is under no obligation to make an application for a Regularisation Certificate; equally, the Council are under no obligation to accept it. An application for a certificate can relate only to completed work.
An application for a Regularisation Certificate can only be made where:
- the work commenced after 11 November 1985,
- the work came within the scope of the Building Regulations and
- no application was made at the time.
When submitting a Regularisation Application, it must be accompanied by a number of items:
- a completed application form that has been signed and dated or the completed online form,
- a location plan of the property at a scale of not less than 1 to 1250 (for an application consisting of the erection or extension of a building),
- copies of scale drawings that show details of the work which has been carried out and show the construction in its present form (a set of drawings will usually consist of plans, sections and elevations),
- copies of a specification of the works in their current form (the specification may take the form of notes on the drawings or maybe a separate document),
- where it is known that any item does not comply with the Building Regulations the necessary remedial works also need to be indicated on the plans,
- a copy of any structural calculations (if appropriate) and
- the correct regularisation charge to accompany the application.
Issue of certificate
Before a certificate can be issued, the Council must be reasonably satisfied that the works conform to the Building Regulations and there is no risk of health and safety of persons caused by the works.
In association with checking the submission of plans, an inspection of the site and works is carried out. In assessing compliance we may request the opening up of the works.
The Council may then:
- say whether additional works are required to meet the Building Regulations standards or
- issue a certificate indicating that the unauthorised works are in compliance with the Building Regulations standards.
If additional works are required a certificate can not be issued until those works have been completed and inspected.
Last updated: Tuesday, 7 July 2020 1:33 pm