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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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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