Unauthorised Building Control works and enforcement

Before you start any building work, it’s important to make sure you have the right approvals in place. Following building regulations keeps your home safe, protects its value, and avoids costly problems later.

What are unauthorised works?

Unauthorised works are any building alterations or construction carried out without approval or that fail to comply with building regulations in force at the time. These works can lead to enforcement action, including fines and legal proceedings. Always seek approval before starting work to avoid costly issues.

Why is building control approval important?

Approval is important as it:

• ensures your property is safe and structurally sound
• meets legal standards and avoids penalties
• prevents delays if you want to sell your home

Enforcement by Local Authorities

Local councils have powers to act when unauthorised works are discovered.

Enforcement can include:

• Formal Notices - requiring corrective action
• Stop Notices - halting work immediately
• Legal Proceedings - prosecution for serious breaches

Enforcement Notice

An Enforcement Notice is a formal document requiring you to:

• Fix the breach – e.g. remove or alter unauthorised work
• Comply within a set period - usually 28 days

Failure to comply is a criminal offence and can lead to fines or the Building Control Team taking remedial actions at your expense.

Stop Notices and Temporary Stop Notices

• Stop Notice - issued with an Enforcement Notice to halt work
• Temporary Stop Notice - urgent action, valid up to 28 days

Ignoring these notices can result in significant penalties. The Council has power to prosecute in the Magistrates' Court where an unlimited fine may be imposed, as well as a potential custodial sentence of up to two years (sections 35 and 35A of the Building Act 1984).

Retrospective Building Control

If work was done without approval, you can apply for a Regularisation Certificate (for work after 11 November 1985). This may involve opening up parts of the construction for inspection. 

For full details on how to apply for a Regularisation Certificate please see our Retrospective Building Control Approval page.

Frequently Asked Questions (FAQs)

What happens if I do work without approval?

The Building Control Team will investigate & you may be asked to alter or remove the work.  Failure to comply with the Building Regulations can lead to a formal notice and costs

What happens if I ignore an Enforcement Notice?

Ignoring an Enforcement Notice is a criminal offence. You could face prosecution, fines, and the council may carry out the work themselves and recover the costs from you.

Can I appeal a Stop Notice or Enforcement Notice?

Yes. You have the right to appeal, but you must act quickly. Seek advice from a qualified professional and contact the Building Control Team as soon as possible.

Can I get retrospective approval?

A regularisation certificate may be able to be issued for the works however this will be assessed on a case-by-case basis. Inspections, opening works and possible alterations to meet regulations may be required.

How long does it take to get a Regularisation Certificate?

Timescales vary depending on the complexity of the work and whether inspections are needed. You may have to wait up to eight weeks for an initial response from the Building Control Team.

What if my work doesn’t meet building regulations?

You may need to make alterations or remove the work to comply. You may also require professional advice from a chartered surveyor or Architect to provide you with the relevant design advice on how to achieve compliance.

Can I sell my property if I have unauthorised works?

Unauthorised works can delay or prevent a sale. Applying for a Regularisation Certificate can help resolve this issue. 

Please note that details of unauthorised works (contraventions) will remain on the Public Register until the record is closed.

More information

If you're unsure whether your building work requires regularisation, or you'd like help with the application process, our Building Control team is here to support you. Contact us today for guidance and a quote.

Further information can also be found on the LABC Front Door website.

You can apply online using the online Building Regulations Regularisation Application Form.