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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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