Guidance Note 5 - Regularisation Certificates

Occasionally building work is carried out without following the correct procedure of applying for Building Regulations approval. Where this happens, problems often arise during the conveyancing process. This information provides guidance on resolving the problem - by applying for a Regularisation Certificate

Purpose
The Regularisation procedure allows the local authority to consider building work that has been carried out and completed without a Building Regulations application.

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 whereby owners can apply for Building Regulations approval retrospectively.

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 Regularisation Certificate can relate only to completed work.

The Council can ask the applicant to expose the work in order to determine whether it complies with the Building Regulations, for example, to view structural elements or foundations etc. This could result in damage to the building fabric.  A reasonable level of co-operation between the applicant and the council is therefore essential.

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 Regulations, and
  •  no application was made at the time the work was undertaken

To apply for a Regularisation Certificate, a completed application form should be submitted to the local authority together with: -

  • a description of the unauthorised work;
  • drawings of the unauthorised work;
  • drawings showing any additional work needed to comply with the Building Regulations in force at the time of construction


Issue of a Regularisation Certificate:
Before a certificate can be issued, the Council must be reasonably satisfied that the works complies with the Building Regulations and that there is no risk to the health and safety of persons in or around the property.

The Council may:

  1. Ask the applicant to expose the work in order to determine whether it complies with the Building Regulations.  (This may result in damage to the fabric of the building); and
  2. Say whether additional work is required to comply with Building Regulations.

Please consult us before you make a Regularisation application. We will advise you what information is required and the appropriate charge.