10. Code of Practice For Enforcement Of Building Regulations

Introduction

This Code of Practice has been prepared to let you know the service we will provide when you complain to us about unauthorised building works or defective works. It is principally concerned with complaints relating to building works or material changes of use which require approval under the Building Regulations or Building Act 1984.

Submission of Complaints

We will investigate written complaints which identify the nature of your complaint and your name and address. We will also investigate complaints made through a local Councillor or other elected representatives. If you complain by telephone, you will be asked to follow up the complaint in writing to the Planning Section.

Disclosure of Identity of Complainant

We will not normally disclose your identity without first advising you of an intention to do so. However, if formal legal action is taken, it may be necessary to reveal your identity to the Court.

Initial Processing of Complaint

We will:-

• record your complaint and allocate a Building Control Officer to investigate the matter within one working day of receipt of the complaint;
  
  
• give a written acknowledgement of receipt of your complaint within three working days of receipt and advise you of the Building Control Officer who will be dealing with the matter;
  
  
• inform the Development Control Group of any complaint which may have a planning implication. The Development Control Group will separately deal with that part of your complaint concerning Planning Controls in accordance with the Planning Section's Service Standard No. 4 entitled 'Code of Practice for the Enforcement of Planning Controls'.

Investigation of a valid complaint concerning unauthorised building works or alleged defective works

We will:-

• inspect the site which is the subject of your complaint within 5 working days of receipt of the complaint;
  
  
• undertake further site inspections as necessary in order to fully investigate your complaint;
  
  
• advise you of progress and intended action within 15 working days of receipt of the complaint.

Complaints about Non-Building Regulation Matters

The Building Control Group will not investigate a complaint or undertake site inspections if your complaint is not a relevant Building Control matter. You will be advised of this in writing within 10 working days of the receipt of your complaint. Any complaint relating to another function of the Council will be referred to the relevant Group or Section for its own action.

Instigation of Action

Wherever possible, valid complaints concerning unauthorised building works or defective building works will be resolved by informal action such as writing to the owner to request the alteration of work, or submission of a Regularisation Application.

Where this action is pursued, you will be advised within 5 working days of the date of the action taken and give details of when the matter should be resolved. You will also be advised of the eventual outcome.

Where valid complaints concerning unauthorised building works or defective building works cannot be resolved by informal action we will seek the opinion of the Council's Assistant Director Legal Services on the merits of the case, the evidence available to the Council and the necessity and expediency of taking formal enforcement under Section 36 of the Building Act 1984.

If formal action is appropriate, a Notice will be served requiring the owner to demolish, remove or alter the work within a period of 28 days. You will be informed about the provisions of the Notice within 5 working days of the Notice being served. You will also be advised of the eventual outcome within 5 working days of expiry of the Notice.

For further information and advice please contact the:

Building Control Group
Tel: 01903 221344
Minicom: 01903 204500
E-Mail: planning@worthing.gov.uk

or

Visit our web site at www.worthing.gov.uk/planning

A leaflet version of this Code of Practice is available in large print from our office.

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