What happens if you disagree with a local authority's enforcement notice?
Normally our enforcement notice will give you 28 days to rectify the building work. If you wish to contest the notice on the grounds that you believe your building work does comply with the Building Regulations, you can advise us that you would like to commission a written report from a suitably qualified person about the compliance of your work with a view to persuading us to withdraw the notice. In this event the 28 day period to rectify the building work is extended to 70 days.
Alternatively, you can appeal against the notice in the magistrates' court and demonstrate that your building work complies. This option can be used either as an alternative to the above, or if proceedings under that option have been unsuccessful. You should make your appeal within 28 days of receiving the notice or within 70 days if you have used above option first.
If you are successful with either option, we may have to pay your costs.
If on the other hand you believe that your work can't be expected to comply with one or more of the requirements in the Building Regulations because they are too difficult or inapplicable, you do have the right to apply to us for a relaxation or dispensation of the requirement(s) in question to allow your completed building work to be considered to have achieved compliance.
Your application should be made within 28 days of receiving the enforcement notice from us. If we refuse your application you have a right of appeal to the Department for Communities and Local Government against that refusal, providing you do so within one month of that decision.