Comhshaol \ The Building Control Service \ Regularisation Procedure

Regularisation Procedure

What is it?

The Regularisation procedure allows the Local Authority to consider appropriate works carried out and completed without the submission of full plans and giving of notice. Such work often comes to light during the sale of a property when the vendor is asked to produce evidence of approvals. When the work complies, or is made to comply with the regulations that were in operation at the time of completion of the unauthorised work Building Control will issue a 'Certificate of Regularisation'. The types of work that can be regularised are as follows:

• Domestic and Commercial
• Extensions and Alterations
• Roofspace Conversions
• Garage Conversions
• Erection of new buildings
• Change of use
• Installing cavity wall insulation
• Installing a heating system
• Any other work to which Building Regulations apply

What you must do

Complete the Regularisation section of the standard application form available from your local Building Control Office. The form requires you to provide the following information:

(a) A description of the unauthorised work

(b) The date of completion

(c) The use of the building

(d) Details of services

In some circumstances, you may be asked to provide plans of the work and/or plans of additional remedial work. The application for Regularisation must be accompanied by a fee equal to 120% of the combined plan and inspection fee which would be payable under the current fee regulations for the unauthorised work. In circumstances where substantial additional or remedial work is required, the original fee may have to be increased.

What we do

When an application is received we will arrange to inspect the work. In circumstances where hidden work is suspected of contravening the Regulations, opening up that work for a more detailed inspection, may be required. We will assess compliance of the work with the regulations and advise of any necessary additional or remedial work. An opportunity will be given to carry out that work in order that a certificate may be issued.

You might decide not to proceed with the additional or remedial work, perhaps because it would be too expensive or disruptive. Depending on the nature and seriousness of any contraventions legal proceedings may be instituted. A Certificate will not be issued in these circumstances or where there are serious contraventions of Building Regulations.

A 'limited certificate' may be issued. This will state which work complies or does not comply and what has been inspected.

Regularisation does not apply to work completed prior to October 1973.

Advantages

Provides a fast-track method for obtaining approval for unauthorised work; this assumes full co-operation on behalf of the applicant.

A formal Certificate of Regularisation is given for the work.

Disadvantages

• No approval of drawings is given
• Property may be damaged through opening up
• A 'limited' Certificate may be unacceptable to the purchaser
• Certificate may not be issued; there is no refund of fee.
• Where there are serious contraventions you may be required to carry out works of compliance
• There may be a requirement to notify other Government agencies

Other approvals

In addition to Building Control, you may also require Planning Permission. For further information contact DOE Planning Service, Marlborough House, Central Way, Craigavon. Tel: (028) 3834 1144