Building control enforcement policy Principles of enforcement and supporting compliance

Published: 23 April 2026

Contents

Deciding to take enforcement action

Building control inspectors work in line with the requirements of the Regulators’ Code and will  consider several factors before deciding when to act. They will consider:

  • the seriousness of the breach (including blatant breaches of the law)
  • if the offence involves failure to comply with a statutory notice or order either immediately or within a reasonable period
  • if an inspector has been obstructed or given false or misleading information
  • if there is a history of non-compliance or similar offences
  • if there is continued risk to health, safety, or the environment
  • what the effects of non-compliance may be
  • the effectiveness of enforcement choices
  • the national or local legislation and guidance
  • the need to consult with other authorities and enforcement bodies
  • the consideration of the Crown prosecution code meeting the evidential and public interest test

We recognise that most people want to comply with the law. We will, therefore, take care to help them meet their legal duties. We will take firm but fair action against those who act illegally or behave irresponsibly.

The stages of enforcement action

Stage 1 (intervention): informal action

Best efforts should be taken to resolve issues where the law may have been broken without issuing formal notices or referring the matter to the courts. This is the first option when the circumstances indicate that a minor offence may have been committed and there is confidence that appropriate corrective action will be taken. 

The situation should be in writing in a clear manner. It must include an explanation as to why remedial work is necessary, and over what timescale it should be completed. When writing to residents and businesses it is important that legal requirements are clearly distinguished from recommendations.

We will consider informal action if:

  • the breach is not considered to meet the public interest test
  • the history of compliance and competency of the person carrying out the work is good
  • non-compliance will not pose a significant risk to public health, safety, or welfare 

This will result in verbal or written advice or warnings by letter or e-mail.

Stage 2: written notice of the impending service of a notice

We will inform all relevant parties of the breach and give a time scale for resolution if there are:

  • breaches of legislation
  • a history of non-compliance
  • poor demonstration of competency
  • a lack of confidence in management

If necessary we will also serve a statutory notice. We will give an opportunity to discuss the issues unless immediate action is needed (See additional information: section 35 onwards for more information).

The time limit on notices will be realistic, and we will tell recipients of their rights. In the event of a summons then the legal process will be explained under the terms of the Magistrates Court Act 1986.

Contravention will be communicated to the applicant, designer, contractor and client advising on the breach. Building Control as a regulator cannot design the solution. This means the person carrying out the work will need to refer to their own competent designer or contractor. Building Control will tell you what action will be taken if contraventions are not removed within a given period of time.

The legislation that building control enforces allows for the service of formal notices on individuals, businesses or other organisations, requiring them to meet specific legal requirements.
Where a formal notice is served, the way you can appeal against the notice and the timescale for doing so will be provided in writing at the same time.

In most situations building control will provide an opportunity to discuss matters. This is to hopefully resolve points of difference before formal action is taken. However, this may not always be possible if immediate action is necessary. For example, immediate action may be needed to:

  • maintain health and safety
  • prevent an imminent risk to health
  • protect the environment

Stages 4 and 5: caution or prosecution

Where the circumstances warrant it, and alternative actions are considered inappropriate, building control may seek prosecution.

In the first instance, formal prosecution action will be to seek conviction in the Magistrates’ Court or Crown Court. After this, formal prosecution action may be commenced to seek an injunction in a higher Court if necessary. As an alternative a caution alone may be administered by the courts.