Part 3Building Act 1984

Building control authorities and building regulations

I1I3I2I439Breach of building regulations

1

The Building Act 1984 is amended as follows.

2

For section 35 substitute—

35Offence of contravening building regulations etc

1

A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.

2

Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations.

3

Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed.

4

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

3

In section 36(4) (time limit for notices requiring removal or alteration of non-compliant work) for “12 months” substitute “10 years”.