Regularisation
Until recently, Building Regulations made no provision for the approval of unauthorised work. This created problems in the conveyancing of property when such work was identified. This issue was addressed by the introduction of the Regularisation procedure, whereby unauthorised work could be certified by Building Control, bringing it in line with the relevant Regulatory requirements.
Where unauthorised work has been carried out, with no notice given nor plans submitted, an application can be made to Building Control for a Regularisation Certificate. Regularisation applications can be made for both domestic and non-domestic works commenced on or after 1 October 1973. Work completed prior to this date is not covered by the Regularisation procedure. Drawings of work carried out may or may not be required. For fees payable visit Building Control Northern Ireland website.
Inspections will be carried out to ascertain whether or not the work complies with Building Regulations. This may necessitate opening up of the works, carrying out tests and/or sampling of materials. The applicant will be notified of any further work required to bring the building to the requisite standards in force when the original work was carried out. When this work has been satisfactorily completed, or if no further work is necessary, a Regularisation Certificate will be issued.
The Regularisation procedure will only be undertaken when an application for same has been made and whilst there is no legal requirement to apply for a Regularisation Certificate, there is very definitely a legal requirement to comply with Building Regulations. Failure in this regard is not only an offence in law but may create problems when the property changes ownership.
