Provisions the documents cite: s.35(1)–(4) (offence and penalties), s.36(1)–(3) (section 36 notice to the owner; 28 days; the authority may do the work and recover its expenses), s.36(4) (10-year limit), s.36(5)–(5A) (no notice where approved plans and requirements were followed, other than higher-risk building work), s.36(6) (injunctions; compensation)
What it requires
A person who contravenes a provision of building regulations, or a requirement imposed by virtue of such a provision, commits an offence; building regulations may disapply the offence for a prescribed provision or prescribe a defence (s.35(1)–(3)). On summary conviction the penalty is imprisonment up to the maximum summary term for either-way offences or a fine, or both; on indictment, imprisonment up to two years or a fine, or both; and in either case a further fine up to level 1 for each day the default continues after conviction (s.35(4)). Where work to which building regulations apply contravenes them, the building control authority, without prejudice to its right to prosecute, may by notice require the owner to pull down or remove the work or, if the owner elects, to make the alterations needed for it to comply (s.36(1)); it may also give a notice to the owner where work that required a building control approval application was executed without one, despite refusal, or otherwise than in accordance with the requirements of the approval (s.36(2)). If the owner does not comply within 28 days, or such longer period as the appropriate court or tribunal allows on application, the authority may pull down, remove or alter the work itself and recover its reasonable expenses from the owner (s.36(3)). A section 36 notice may not be given after 10 years from the date of completion of the work (s.36(4)). No section 36 notice may be given on the ground of a contravention where an application for building control approval for work that is not higher-risk building work was granted and the work shown on the approved plans was executed in accordance with the plans and any requirement imposed (s.36(5)–(5A)). The section does not affect the right of the authority, the Attorney General, the Counsel General to the Welsh Government or any other person to apply for an injunction for removal or alteration of contravening work; where the work followed approved plans and requirements and was not higher-risk building work, the court may order the local authority to compensate the owner (s.36(6)). The notice is given to the owner of the work, not the builder as such. The substituted s.35 and the 10-year limit in s.36(4) are in force in England from 1 October 2023 and in Wales from 1 July 2026 (Building Safety Act 2022 ss.39 and 170; S.I. 2023/993; S.I. 2025/1368). Extends to England and Wales.
The instrument itself: https://www.legislation.gov.uk/ukpga/1984/55/part/I. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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The 1 document that cite it
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