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Building Control Questions

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No. But whilst there is no requirement in the building regulations to consult neighbours, it would be prudent to do so. In any event, you should be careful that the work does not encroach on their property since this could lead to bad feeling and possibly an action for an injunction for the removal of the work. If your proposal is subject to approval under the Town and Country Planning legislation objections may be raised. Your attention is also drawn to the Party Wall Act 1996.

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If building works works have been undertaken without the necessary building control consent, a regularisation applicaition can be submitted for these works providing they were commenced on or after 11 November 1985. The application should include plans of the unauthorised work and plans showing any additional work required to comply with the regulations. It may be necessary to uncover certain elements of construction in order to ascertain compliance with the relevant regulations. Once all necessary works have been undertaken a regularisation certificate will be issued. The submission of a regularisation application does not preclude us using our powers under Section 35 Building Act 1984.

This is a civil matter between you and your neighbour. If you are aggrieved, we would suggest you discuss the matter with your neighbour in the first instance and should you be unable to resolve the problem, you should then seek legal advice from a solicitor. Your attention is also drawn to the Party Wall Act 1996.

No. Plans deposited with a local authority under the Building Regulations are not documents which the public are entitled to inspect under the Local Government Act 1972.

Both full plans and building notice applications are valid for three years from the date of deposit. If you still wish to carry out the work after the three years has expired then you will need to submit another application.

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