Appeals and Contraventions
Appeals
You may appeal to the Department of the Environment for Northern Ireland (DOE) against a decision of the District Council to:-
- reject plans; or
- refuse to grant an application for Relaxation of Building Regulations; or
- add a condition to the grant of an application for Relaxation; or
- serve a contravention notice in respect of deflective work.
In respect of 1, 2 and 3 above, an appeal must be lodged with the Department within 56 days of the date of notification of the decision. With respect to the fourth, contravention notices, more information is given in the next section.
The Building Control Department will advise you on the procedure to be followed in lodging an appeal.
Contravention of Building Regulations
Contravention of Building Regulations can generally be categorised as follows:
- failure to deposit plans before commencing building works;
- failure by the builder to give the required notice at specified stages of the work;
- failure to comply with the requirements of the Regulations in carrying out building work on site.
The Council has legal powers to deal with each type of contravention. Building Surveyors will seek co-operation in eliminating a contravention but failing this legal action will be taken. Legal action, however, is usually taken only as a last resort, after all other avenues of resolving a contravention have been exhausted.
Where the building work does not comply with the Regulation, as mentioned in (3) above, the Council is empowered to serve a Building Regulations Contravention Notice. The Notice will specify the contravention and the period of time, normally 28 days, within which work must be made good, altered or removed.
On receipt of a Contravention Notice there are four courses of action open:
- Compliance with the Notice - this will involve making good or removing the defective work.
- Challenging the Notice - this will involve obtaining a report from a suitably qualified person setting out reasons why the Notice should not have been served. The report is submitted to the Council; if the Council refuses to accept it there is a right of appeal to the Department of the Environment.
- Appealing to the DOE - this is a direct appeal to the Department against the service of the Notice.
- Applying for Relaxation of the Regulations which had been contravened - the application will normally be to the Council in the first instance; if the Council refuses the application there is a right of appeal to the Department of the Environment.
It is the policy of all Councils in Northern Ireland that the Regulations should be fully, fairly and impartially enforced. We trust that we will have the co-operation of all agents, building owners and builders in providing safe, healthy and energy efficient buildings for our own use and for the generations to come.
Process of Enforcement
Building Regulations are designed to protect people and the environment, and ensure equal access for all. The government has taken the view that issues such as Health and Safety, conserving fuel and power and the equality agenda, are all so important that various pieces of legislation have been introduced to ensure that the necessary provisions are incorporated into all buildings. Because the Building Regulations are a legal document, they are enforceable using the due process of law. Indeed, District Councils have a duty to enforce Building Regulations in their Districts. Local Authority Building Control surveyors are impartial, independent and professional. Anyone who deals with the Department, for whatever reason, can expect to be treated fairly and courteously (if you feel that you have not been treated fairly or courteously you may complain to the individual council, the Group Unit of which that Council is a part, or the Ombudsman). In its dealings with the public Local Authority Building Control in Northern Ireland has embraced the recommendations in the Enforcement Concordat.
This sets our principles by which enforcement agencies, including Building Control carries out its business. These principles are listed below.
Openness
Information and advice on Building Regulations is available to anyone who asks from any Building Control office. (Contact telephone numbers available in this directory). Fees in respect to our work are set out clearly. Information on the fee that Building Control charge for various values of work is available on our Web Site at www.buildingcontrol.org./bcni Many Building Control Offices have established Customer Panels that receive feedback from the users of the service. If you wish to participate in such a Panel, or offer your own feedback, do not hesitate to contact your local Building Control office.
Helpfulness
The Building Control service is independent and impartial. It believes that prevention is better than cure. Therefore users of the service will find that Building Control will work actively with them to resolve any problems that arise and give advise on appliance. Your contact in Building Control will be with someone who will give you their name and will work with you to resolve any issues that may have arisen.
Complaints about Service
Building Control is a publicly accountable service. Located within Local Councils there are several avenues through which the user of the service can complain if dissatisfied. The user has the option of complaining directly to the Building Control Department in the Local Council. In most cases this approach will resolve any matters of dispute. However, there is always recourse to the Chief Executive of the Council, or the Group Chief Building Control Officer. Because Building Control is located within the Local Authority a complaint may wish to take the matter to their Local Councillor. Where none of these options provide an agreeable outcome, the matter may be taken to the Ombudsman.
Proportionality
Building Regulations are the minimum standard required ensuring the health, safety and convenience of persons in and around buildings, and conserve fuel and energy. Building Control surveyors will not ask for, or require, a standard above the minimum necessary. Whilst assessing compliance with Building Regulations the proportion of risk to the occupants will be taken into account in the event of any enforcement action being taken. Even so, as many of the Building Regulations relate to life safety issues, these will be applied as necessary to ensure the safety of the occupants of a building.
Consistency
Building Control in Northern Ireland strives to be consistent in its approach so that users of the service can expect the same interpretation, and processes, irrespective of which Council Building Control service they are dealing with. Mechanisms have been set in place by Building Control to ensure consistency in the application of the Building Regulations such as the Building Control Standards Panel, and though the Group System. The vast majority of Building Control matters are resolved by direct communication between Building Control and the applicant, developer, builder, or professional agent.
Although the Building Regulations are legal obligations, it is a view that if the matter has to go to court Building Control has failed in its role of preferring to use the process of reason and persuasion to achieve compliance with the Building Regulations. However, where this is not possible, recourse to the courts is unavoidable, Building Control will be entirely open in the process. If a matter ultimately ends up in Court it will not be before every reasonable opportunity has been given to the service user to put matters right. This would normally involve discussions at the outset, written communications proceeding through to formal notice and then if not resolved beforehand, legal proceedings. In all these matters the service user can expect the utmost integrity and professionalism from the Building Control personnel.
