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Can I apply for a Regularisation Certificate?

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Can I apply for a Regularisation Certificate?

Regularisation Certificates (unauthorised building work)
It's not uncommon for building work to be undertaken without the appropriate procedure being followed. Where this happens, problems often arise if you want to sell your property, during the conveyancing process. This guidance note provides information about the Regularisation procedure and what to do to sort out the difficulties.

Purpose

The Regularisation procedure allows the Local Authority to consider appropriate works carried out without the submission of plans and giving of notice.

This power does not replace the enforcement powers already available to the Local Authority and does not provide a short cut for those who failed to follow the correct procedure.

Regularisation Procedure

It is important to note that an owner is under no obligation to make an application for a Regularisation Certificate; equally the Council is under no obligation to accept it. An application for a Certificate can relate to completed or partially completed work.

An administration charge of £150.00 will be payable at deposit to allow for an inspection of the site to be made and scope of work to be determined. An individual quotation will then be provided and payment of this will be required before any further inspections are made or certificate issued. The total cost of the charge will be no less than the equivalent Building Notice Charge loaded by 30%. VAT is not payable in relation to a Regularisation Charge.

An application for a Regularisation Certificate can only be made where:

  • the work commenced after 11 November 1985, and
  • the work came within the scope of Regulations, and
  • no application was made at the time.

Issue of Certificate

Before a certificate can be issued the Council must be reasonably satisfied that the works conform to the Building Regulations and that there is no risk to the health and safety of persons in or around the property. In order to assess whether compliance with Building Regulations has been achieved, the Council can ask the applicant to 'open up' work which assumes a reasonable level of co-operation between the applicant and the council.

The Council may then:

  • Say whether additional works are required to meet Building Regulation standards, or
  • Issue a Certificate indicating that the unauthorised works are in compliance with the Building Regulations standards.

Make a Regularisation Application Online

N.B. The fee for the regularisation application is not refundable in the event of a certificate not being issued.

Planning Approval

Note: You are reminded that Building Regulations approval does not imply approval under the Town and Country Planning Act.

You should always check whether or not a planning application is required.

Require further information? Please ask us a question online.