Part 3

Building Act 1984

Building control authorities and building regulations

Breach of building regulations
39
1
The Building Act 1984 is amended as follows.
2
For section 35 substitute—

Offence of contravening building regulations etc
35
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”.