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Cowboy builders in for rough ride

09 August 2007
Issue: 7285 / Categories: Legal News , Local government , Property
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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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