FOI release

BREACH OF BUILDING REGULATIONS

Case reference FOI2024/01242

Received 5 November 2024

Published 18 November 2024

Request

I would like to request information under the Freedom of Information Act (or Environmental Information Regulations, as appropriate). Please can you provide information that describes the typical sequence of stages that takes place between a member of the public raising concerns about a potential breach of Building Regulations and action being taken (such as being heard in the Magistrates Court or fines being issued). I'm particularly interested in identifying at what point the process can be considered to be a criminal investigation, and what steps need to first take place in order for this point to be reached. Perhaps you have a flowchart or an internal policy document that describes the expected sequence of events. I'm happy to receive the information in electronic format via this email address.

Response

Below is the general procedure for Building Control when there is a complaint about work performed without building control approval. 

 

The process for potential breaches of Building Regulations is guided by the framework established in the Building Act 1984. 

1. Receipt of a Report or Identification of a Breach

  • Reports of potential non-compliance with Building Regulations, whether raised by the public, other departments, or during inspections, are logged in Building Control's internal system of record.

  • A building control officer is assigned to review and investigate the matter.

2. Initial Investigation

  • The assigned officer reviews relevant documents and may conduct a site inspection.

  • If no breach is found, the case is closed, and no further action is taken.

  • If a breach is identified, Building Control will attempt to resolve the issue informally.

3. Communication with the Property Owner

  • Building Control contacts the property owner or builder to discuss the issue and suggest corrective actions.

  • Retrospective consent may be recommended where appropriate, allowing unauthorized work to be brought into compliance without removal.

  • In most cases, a notice is issued to inform the property owner of the violation and request compliance within a specified timeframe. The majority of cases are resolved at this stage.

4. Escalation to Court Action (Section 35 of the Building Act 1984)

  • If the property owner fails to comply, the case may be escalated to legal proceedings under Section 35 of the Building Act 1984.

  • When legal proceedings are initiated, the enforcement process is treated as a criminal investigation.

5. Closing a Case A case is closed when:

  • The property owner or builder complies with the required actions.

  • Any legal proceedings have concluded, and court orders have been fulfilled.

  • The officer confirms that the building work meets Building Regulations.

6. Record-Keeping

  • All enforcement actions and communications are documented in the Uniform system.

  • Non-compliance cases are recorded on the property’s file, which may impact future property searches and disclosures.

  • The public can view a property’s building control case history through a public-facing portal on the OCC webpage.

Documents

There are no documents for this release.

This is Oxford City Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.

You can browse our other responses or make a new FOI request.