Building control enforcement policy Annex A

Published: 23 April 2026

Table 2: timescales of offences prior to 1 October 2023

The table below provides all the provisions on this topic from 2008 onwards. Section 35A was initially introduced by the Climate Change and Sustainable Energy Act 2006 for Part L and came in on 21 August 2006.

The extension of the prosecutions time limits to all provisions of the Building Regulations was provided for in the Housing and Regeneration Bill. This became law on 22 July 2008, with the publication of the Housing and Regeneration Act 2008 (c17) (HRA08). Within the Section 317 of the HRA08 amended Section 35A of the Building Act 1984 to allow any contravention of Building Regulations to enjoy the same time limit freedoms as those introduced for energy conservation offences.

However, Section 317 of the HRA08 did not come into force automatically and was, by virtue of Section 325, to be introduced on such a day appointed by the Secretary of State.

On 9 September 2008, in a circular letter (CL/43/19/1) to all Building Control Bodies throughout England and Wales, the Secretary of State confirmed Section 317 of the HRA08 was to come into force on 22 September 2008.

Date of offence under Section 35 Provisions to which Section 35 applies breached Time limit for bringing prosecution
Before 6 April 2008 All provisions Six months
6 April 2008 to 21 September 2008 Provisions designated by Regulation 22A Two years, subject to maximum of 6 months from date of obtaining sufficient evidence to bring prosecution
6 April 2008 to 21 September 2008 Provisions designated by Regulation 22A Six months
From 22 September 2008 to 30 September 2023 All provisions (as introduced by Section 317 of the HRA08 above) Two years, subject to maximum of 6 months from date of obtaining sufficient evidence to bring prosecution

Key