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09 August 2007
Issue: 7285 / Categories: Legal News , Local government , Property
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Cowboy builders in for rough ride

News

Plans to crack down on cowboy builders by boosting powers for local authorities to tackle illegal or botched construction have been announced by the government.

Under the Building Act 1984, s 35, authorities only have six months from completion of non-compliant work to bring a prosecution for breaches of building regulations—proposals in the consultation paper would increase this to two years. Within this period, a prosecution can be brought within six months of discovery of sufficient evidence to prosecute.

Authorities say the extra time is needed to make enforcement more effective, given that defects may not become immediately apparent.
Iain Wright, communities and local government minister, says: “It is not right that those committing serious breaches and avoiding justified enforcement action are putting themselves and others at health and safety risk.”
The consultation paper stresses that prosecution is aimed at flagrant, wilful or repeated non-compliance, not one-off minor failures. No additional burdens or risk of prosecution will be imposed on those who comply with building regulation requirements, the government says.

The consultation, Longer Time Limits for Prosecution of Breaches of Building Regulations, can be found at www.communities.gov.uk and runs until 23 October 2007.

Issue: 7285 / Categories: Legal News , Local government , Property
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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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