The Building Safety Act 2022 (the BSA) provided a significant overhaul of the law relating to building safety in England and Wales. The Act introduced several new provisions relating to building safety, and among these, Section 39 of the BSA has introduced key changes to the enforcement periods available to local authorities for breaches of building regulations by property owners. The amendments highlight the Government’s commitment to ensuring that non-compliance with building regulations is addressed properly and with long-term accountability.
Why do we need Building Regulations?
Building regulations exist to ensure that construction and building works meet minimum standards for safety, energy efficiency, and accessibility. Under the previous rules, local authorities were empowered to enforce these regulations by:
- Issuing enforcement notices (i.e. requiring builders to rectify non-compliance).
- Prosecuting offenders in the magistrates’ courts. Previously, enforcement action was subject to strict time limits. Local authorities had to serve enforcement notices within 12 months of the completion of the offending works. Prosecutions for non-compliance were also time-limited, to two years from the date of the breach. These time constraints often hindered local authorities from taking effective action, particularly in cases where defects or non-compliance only became apparent after the time limits had expired.
Key Changes
Section 39 of the BSA addresses these difficulties by extending the enforcement periods available to local authorities for breaches of building regulations. The changes are aimed at providing local authorities with more time and flexibility to ensure compliance and hold the relevant parties accountable.
Extension of the Time Limit for Enforcement Notices
Under the amended framework, the time limit for serving enforcement notices has been extended from 12 months to 10 years. This is a significant extension and enables authorities to act on breaches that may only become evident a long time after construction works have been completed.
Prosecution Time Limits for Offences
For offences related to non-compliance with building regulations, Section 39 also extends the time limit for prosecutions to 10 years. This amendment aligns with the revised enforcement notice period and reflects the importance of holding builders and developers accountable for the safety and compliance of their construction works.
Retrospective Application
One of the most impactful elements of Section 39 is its retroactive application. The extended time limits apply to breaches that occurred before the Act’s implementation, provided the previous time limits had not yet expired. This retroactive effect ensures that long-standing cases of non-compliance can still be addressed.
Implications in Practice
For Local Authorities
The extended enforcement periods provide local authorities with greater flexibility and capacity to address non-compliance with building regulations. This reduces the risk of unsafe or substandard works being allowed to remain in place due to the previously short time constraints.
For Developers and Builders
The amendments provide a strong incentive for developers and builders to ensure compliance with building regulations from the outset of their construction works. The prospect of enforcement or prosecution for up to 10 years post-completion places greater emphasis on accountability, along with long-term quality assurance.
For Property Owners and Occupants
Occupants and property owners stand to benefit from improved oversight and enforcement. The extended periods mean that safety concerns related to building works are more likely to be addressed, even if they surface years after completion.
Broader Context for Building Safety Reform
Section 39 aligns with the broader objectives of the Building Safety Act 2022, which seeks to restore confidence in building safety following high-profile incidents such as the Grenfell Tower fire. By extending enforcement periods, the changes brought about by the Act strengthen the regulatory framework and ensure that safety breaches do not go unaddressed due to procedural issues and short time limits.
Conclusion
The amendment of building regulations enforcement periods under Section 39 of the Building Safety Act 2022 marks a crucial step toward enhanced accountability in the construction industry. With a 10-year window for enforcement and prosecution, authorities now have the tools to act decisively against non-compliance, thereby promoting safer, more sustainable building practices.
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