Retrospective Building Regulations (Regularisation)

What This Requirement Covers

If building work has been carried out without the required Building Regulations approval, a regularisation application can be submitted to the local authority Building Control department. This is a retrospective process that allows work to be assessed and, if compliant (or capable of being made compliant), certified.

Key Requirements

When Regularisation Is Available

1. Regularisation is available for work carried out after 11 November 1985 (the date the current Building Regulations framework came into force)
2. It is available for all types of building work that would have required Building Regulations approval when carried out
3. Common examples: Extensions built without approval, structural alterations, electrical work, window replacements, loft conversions

The Process

1. Application: Submit a regularisation application to the local authority Building Control department, with as much information as possible about the work (drawings, photographs, dates)
2. Inspection: Building Control inspects the completed work. This may require opening up concealed elements (removing plasterboard to inspect structure, insulation, and wiring)
3. Assessment: Building Control assesses whether the work complies with the Building Regulations that applied at the time the work was carried out (not the current regulations)
4. Remedial work: If the work does not comply, Building Control will advise what remedial work is needed
5. Certificate: If the work complies (or is brought into compliance), a regularisation certificate is issued

Fees

1. Regularisation fees are typically 100-150% of the standard Building Control fee for the same type of work
2. The higher fee reflects the additional work involved in inspecting completed construction

Limitations

1. There is no guarantee that a regularisation certificate will be issued; if the work cannot be shown to comply and remedial work is not practicable, the application may be refused
2. The local authority retains the right to take enforcement action for non-compliant work, regardless of when the regularisation application is made
3. Regularisation is not available for work carried out before 11 November 1985

Practical Compliance Tips

1. Apply for regularisation as soon as you become aware that work was done without approval; do not wait until you are selling the property
2. Gather as much information as possible about the work (dates, contractors, photographs taken during construction)
3. Be prepared for the possibility that concealed elements will need to be opened up for inspection
4. Budget for both the regularisation fee and any remedial work that may be required
5. If you are buying a property with unapproved work, negotiate with the seller to obtain regularisation before exchange of contracts
6. Consider indemnity insurance as an alternative if regularisation is impractical (though this does not provide Building Regulations compliance)
7. Keep the regularisation certificate with the property deeds; it has the same status as a completion certificate