Section 35 and 36 Planning Enforcement Notices

08-07-2016

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People carrying out building works are requried to do so in accordance with Building Regulations. 

Prosecutions Under Section 35 and Section 35A of the Building Act 1984

If work carried out to a property does not meet the requirements of the Building Regulations, your local authority can bring a case against you in your local Magistrates' Court. The Magistrates have power to impose an unlimited fine. The proceedings can be started at any time for up to two years after the completion of the work.

Local authorities will normally take against under this section against the builder, but action can also be taken against the home owner. It is be a defence to prove that the work carried out did not contravene the regulations, or that the work was more than two years old.  

Prosecutions under Section 36 of the Building Act 1984

Alternatively, or in addition to a prosecution under section 35 or section 35A, the local authority may serve an enforcement notice on the building owner requiring them to alter or remove work which has not been done in accordance with the Building Regulations.

The local authority can undertake rectification work itself and ask the owner to cover the costs if the owner does not comply with the Section 36 Notice. 

The local authority cannot serve a Section 36 Notice on you if the work was completed more than 12 months earlier, or if you did the work in accordance with approved plans. 

Have you been served with a Section 35 Notice or a Section 36 Notice?

At Samuels Solicitors, we have mounted successful appeals against both types of notice, which have concluded with the notices being withdrawn, and the local authority having to pay the vast majority of the home owner's legal costs.

We always try to offer flexible funding options to our clients, to ensure that you have access to justice. 

If you have received a Notice, don't delay. Call us today for a free discussion about how we can help, or contact us by email. 

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