Practical Post 10: No retrospective compliance – BC(A)R SI.9

by Bregs Blog admin team

number-10-35

No remedies or regularisation under BCARs

There are no remedies for retrospective compliance available under the new Building Control (Amendment) Regulations. This means that if you start building work without a valid Commencement Notice the building can NEVER be opened, occupied or operated.

There is no mechanism in law to have the building or works inspected and passed in the future. This is a very significant oversight, particularly as there has been no public information campaign, no transition arrangements and no guide available to the Building Control Officers advising the public  in 34 different local offices.

To complicate things further the requirements don’t just apply to new building works but also to changes of use and alterations. Conflicting advice has been issued about extensions, so some owners may not even realise that the new regulations apply to their projects.

The consequences for owners are not just the risk of enforcement proceedings but also insurance problems during ‘unlawful occupation’ and legal obstacles to re-financing or selling the building in the future.

‘Regularisation’ or retrospective compliance regulations will undoubtedly be required once this plays out so it is surprising that it was not considered on drafting the legislation.

Useful link here:

http://www.planningportal.gov.uk/buildingregulations/howtogetapproval/howtogetapproval/bcpresiteapproval/regularisation

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Other Posts in this series:

Practical Post 1: BC(A)R SI.9 Extensions & Refurbishments– click link here

Practical Post 2: completion- FAO Vintners & Retailers– click link here

Practical posts 3: Change of Use – FDI and offices – Click link here

Practical post 4: What if the builder goes bust?– Click link here

Practical Post 5: Small retail extension- problem with certifier – Click link here

Practical Post 6: no one wants to do certifier roles! – Click link here

Practical Post 7: Existing Shopping Centres – Click link here

Practical Post 8: Employees won’t certify: BC(A)R SI.9 – Click link here

Practical Post 9: Fees & numbers of inspections?: BC(A)R SI.9 – Click link here

Practical Post 11: Phasing and BC(A)R SI.9? – Click link here

Practical Post 10: No retrospective compliance: BC(A)R SI.9 – Click link here

Practical Post 11: Phasing and BC(A)R SI.9? – Click link here

Practical Post 12: “architects only” club?–  Click link here

Practical Post 13: Duties & conflicts- BC(A)R SI.9 –  Click link here

Practical Post 14: Supervision vs Inspection –  Click link here

Practical post 15: Code of conduct issues –  Click link here

Practical Post 16: Pyrite and certification? – Click link here

Practical Post 17: Off-License fit-out –  Click link here

Practical Post 18- material alterations: Creche  – Click link here

Practical Post 19: Phased completion & BC(A)R SI.9 –  Click link here

Practical post 20: Are builders off the hook with BCAR? – click link here

NOTE: This series of posts is not meant to undermine or be in opposition to any professional advice from registered representative bodies: rather it is to offer additional technical aids to those that find themselves in the unenviable position of having to deal with SI.9 in it’s current form at present. As with all information posted on the Blog we urge all practitioners to check with their respective professional bodies before assuming any roles or duties under Building Control (Amendment) regulation (SI.9 of 2014). We hope to post a number of these practical posts and list in one area, so home owners, SME’s and professionals can drop in and click on a particular topic to get summary information that may be useful to them while working within these new and difficult regulations.