Building Act 1984
What this means for your business
- Enforced by
- BSR
- Applies to
- United Kingdom
- On this page
- 36 compliance obligations, 9 practical guides across 2 topics
What you must do
36 compliance obligations under this legislation — 5 can result in imprisonment.
Management duties 2
Determine compliance and issue transfer certificate for unfinished work
2 years imprisonmentIf a new initial notice is accepted for a change of registered building control approver, the building control approver must check the unfinished work to see if it breaches building regulations. If it does not, they must send a transfer certificate and a detailed report to the local authority within the set time‑frame (normally 21 days). If they cannot make the decision, they must inform the contractor and copy the local authority.
Ensure proper use and ventilation of soil and drainage pipes
You must keep rain‑water pipes separate from sanitary waste pipes and make sure any soil (waste) pipe serving a toilet is correctly ventilated. Surface‑water pipes must not be used as a vent for foul‑water drains. If the local authority finds a breach, they can require you to fix it.
Other requirements 1
Provide all Building Act notices and documents in writing
When you deal with any notice, order, consent, demand or application that the Building Act requires you to give or receive, it must be written down – not just spoken. If the regulator has set a specific form, you must use that form.
Offences and prohibitions 30
Alter courtyard entrance and impede airflow
Fine up to £200If you close, narrow, lower or otherwise change an entrance to a shared courtyard (where two or more houses front the courtyard) without the local authority’s consent, you are committing an offence. On conviction you face a fine of up to £200 and an additional £2 fine for each day the breach continues.
Be personally liable for a corporate building offence
If your company breaches a duty under the Building Act 1984 and a director, manager, secretary or a similar officer either consents to, helps with or neglects to prevent the breach, that officer is treated as having committed the offence as well as the company. The officer can therefore be prosecuted and punished in the same way as the corporate offender.
Breach a stop notice
2 years imprisonmentIf a building control authority serves you with a stop notice telling you to halt specified building work, and you continue the work or otherwise ignore the notice, you commit a criminal offence. On conviction you can be sentenced to up to two years’ imprisonment and/or an unlimited fine, plus a daily fine of up to £200 for each day the breach continues after the conviction. You may defend yourself by showing you took all reasonable precautions and exercised due diligence to avoid the breach.
Breach condition of a building‑regulation type‑relaxation direction
Unlimited fineIf a building regulator gives you a direction that relaxes a building‑regulation requirement but attaches conditions, you must follow those conditions. Breaching a condition (or allowing it to be breached) is a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine and a further daily fine of £200 for each day the breach continues after conviction.
Breach conditions of a building‑exemption direction
Unlimited fineIf a building, service or equipment has been given a formal exemption direction and you fail to follow a condition attached to that direction – or allow someone else to breach it – you commit a criminal offence. On conviction in the magistrates' court you face an unlimited fine, plus a further daily fine of up to £200 for each day the breach continues after conviction.
Carry out restricted activity or give advice beyond registration scope
Unlimited fineIf a registered building inspector carries out a restricted activity or gives advice on work that is outside the scope of their registration, or does so while their registration is suspended, they commit an offence. It also covers deliberately misleading anyone about the scope or suspension of their registration. On conviction the inspector faces an unlimited fine, tried in the Magistrates' Court.
Carry out restricted building activity without a registered building inspector
Unlimited fineIf you are a registered building control approver you must only perform a restricted activity through a registered building inspector and must first get that inspector’s advice before exercising any restricted function. Doing either without a qualified inspector – and without a reasonable excuse – is a criminal offence. On conviction in the magistrates’ court you face an unlimited fine.
Construct or use cellar below subsoil water level without consent
Fine up to £200If you build a cellar or room whose floor is lower than the normal groundwater level without first getting permission from the local authority – or if you allow such a space to be used in breach of a condition attached to that permission – you commit a criminal offence. On conviction in the Magistrates' Court you can be fined up to £200. No jail term is prescribed.
Contravene building regulations
2 years imprisonmentIf you breach any requirement of the Building Regulations (unless specifically exempted) you commit a criminal offence. On conviction you can be fined up to an unlimited amount and, if the breach continues, face a daily fine; you may also be sentenced to up to two years in prison. The offence can be tried either in the magistrates' court or the Crown Court.
Disclose manufacturing information after authorised entry
3 months imprisonmentIf someone is let into your factory or workplace under a building inspector’s authority and then tells another person about your manufacturing process or trade secret, they commit an offence. On conviction in the magistrates' court they face up to a £1,000 fine or up to three months’ imprisonment, unless the disclosure was made as part of their job.
Erect public sanitary convenience without consent
Fine up to £200If you install a public toilet that can be accessed from a street without first getting permission from the local authority, you commit an offence. On conviction in the magistrates' court you face a fine of up to £200 and the council can also order the toilet to be removed.
Fail to carry out works required by a building notice
Fine up to £2,500If a local authority or regulator serves you with a notice telling you to carry out specific building works by a certain date and you do not complete them, you commit an offence. On summary conviction in the magistrates' court you can be fined up to £2,500 and charged an additional fine of up to £2 for each day the breach continues after conviction.
Fail to comply with a building compliance notice
2 years imprisonmentIf the building control authority serves you with a compliance notice requiring you to take steps or remedy a breach of the building regulations, you must act within the time set. Failing to do so without a reasonable excuse is a criminal offence. On conviction you can face up to two years' imprisonment, an unlimited fine and a daily default fine for each day the breach continues.
Fail to comply with a dangerous building order
Fine up to £200If a local authority serves you with an order to repair, demolish or otherwise fix a building that it considers dangerous, you must carry out the work within the time specified. Failing to do so is a criminal offence, and on conviction in the magistrates' court you face a fine of up to £200 and may also be required to pay the authority’s recovery costs.
Fail to comply with building‑control condition or removal notice
Unlimited fineIf the building control authority imposes a condition (for example, a deadline to remove unsuitable material or a use restriction) and you ignore it, or you do not remove the work or building after the deadline they set, you commit an offence. On conviction you face an unlimited fine, and a daily fine of up to £200 for each day the breach continues.
Fail to comply with chimney‑height notice
Fine up to £200If a local authority serves you a notice requiring you to raise the height of a chimney or flue (or to allow work on a neighbouring building) and you do not carry out the work as ordered, you commit a criminal offence. On conviction you will be fined up to the level‑1 standard‑scale amount (currently £200). The court will hear the case in the Magistrates’ Court.
Fail to comply with fire‑escape provision notice
Fine up to £2,500If a local authority (after consulting the fire and rescue service) issues a notice requiring you, as the building owner or developer, to provide a means of escape from fire and you do not do it, you commit a criminal offence. On summary conviction you can be fined up to £2,500 (level 4) plus a further £2 for each day the non‑compliance continues after conviction.
Fail to give demolition notice to local authority
Fine up to £2,500If you start demolishing a building (unless it falls under the listed exemptions) without first notifying the local authority – and without sending a copy of that notice to neighbouring occupiers, the gas and electricity suppliers – you are committing an offence. Conviction in the magistrates' court can result in a fine of up to £2,500. There is no custodial sentence for this breach.
Fail to give notice or disconnect a drain as required
Fine up to £200If you rebuild, move or carry out works on a drain that links to a sewer and permanently stop it, you must have the unused parts disconnected and sealed where the local authority says and you must give the authority at least 48 hours’ notice before doing so. Not giving the notice, or knowingly failing to disconnect and seal the drain, is a criminal offence. On conviction in the magistrates’ court you face a fine of up to £200 (level 1) and, for the knowing breach, an additional fine of up to £1 for each day the breach continues after conviction.
Fail to give required cancellation notice for higher‑risk building work
Unlimited fineIf you are required to cancel part of an initial building notice because the work has become higher‑risk and you do not send the prescribed cancellation notice (or a copy to the regulator) as soon as reasonably practicable, you commit a criminal offence. On conviction in the magistrates’ court you face an unlimited fine.
Fail to give required notice before complying with demolition notice requirements
Fine up to £500If you are served a demolition notice and you need to disconnect, seal or remove a sewer or drain, or make good the ground surface, you must give the local authority at least 48 hours’ notice for the first two actions and at least 24 hours’ notice for the ground‑making‑good action before you start the work. Not giving the required notice is a criminal offence. On conviction in the magistrates’ court you face a fine of up to £500.
Fail to give required notice to cancel an initial notice
Unlimited fineIf an initial notice is in force and you are required to send the prescribed cancellation notice to the local authority (and, where practicable, to the other party) but you do not do so without a reasonable excuse, you commit an offence. On summary conviction in the Magistrates' Court you face an unlimited fine. No imprisonment is prescribed.
Fail to remove building after removal deadline
Fine up to £200If a building made of short‑lived materials is ordered to be taken down and you do not remove it by the date set by the building control authority, the authority can remove it for you and recover its costs. You will then be liable on summary conviction to a fine of up to £200 and an additional £5 for each day the building remains after you are convicted.
Improper construction or repair of toilet or drain
Fine up to £200If you (or a contractor you hire) build, modify or fix a water‑closet, drain or soil pipe in a way that creates a health hazard or nuisance, you can be prosecuted. The offence is tried in the magistrates' court and carries a maximum fine of £200 (standard‑scale level 1) unless you can prove the problem could not have been avoided with reasonable care.
Obstruct refuse removal access without consent
Fine up to £2,500If you close or block the route used to remove rubbish or faecal waste from a building without getting permission from the building control authority, you are committing a criminal offence. On conviction in the magistrates' court you can be fined up to £2,500.
Occupy building without water‑supply certificate
Fine up to £200If you let a house be occupied before the building‑control authority has issued a certificate confirming a wholesome water supply, you are committing a criminal offence. On conviction you face a fine of up to £200, plus £2 for each day the breach continues after you are convicted. The offence is tried in the magistrates’ court only.
Perform building control work beyond registration scope
Unlimited fineIf you are a registered building control approver and you carry out any function under the Building Act (or its regulations) for work that your registration does not cover, or while your registration is suspended, you commit a criminal offence. The same applies if you deliberately suggest that work outside your registration is covered, or hide the fact that your registration is suspended. Conviction results in an unlimited fine imposed by a magistrates' court.
Pretend to be a registered building control approver
Unlimited fineIf you or someone acting for your business claims to be a registered building control approver, or uses any name, title or description that suggests you are, when you are not, you commit an offence. The offence requires intent to deceive. Conviction results in a fine imposed by a magistrates' court.
Pretend to be a registered building inspector
Unlimited fineIf you claim to be a registered building inspector, or use a name, title or description that suggests you are one, while you are not and you intend to deceive, you commit a criminal offence. The case is dealt with in the magistrates’ court and can result in an unlimited fine. No prison term is attached to this offence.
Wilfully obstruct a building regulator
Fine up to £1,000If you deliberately block or interfere with someone carrying out duties under the Building Act, building regulations, or a related order or warrant, you commit an offence. On conviction in the Magistrates' Court you face a fine of up to £1,000. The offence applies to any person, including business owners or staff, who obstructs enforcement officials.
Registration and licensing 1
Submit a compliant application for type approval of building matter and pay any fee
If you want the national authority to approve a particular type of building work or material, you must send an application that includes all the details and format required by the building regulations, and pay any prescribed fee. Your application must meet the regulatory form and content rules for it to be considered.
Reporting and filing 2
Provide requested building‑control information to Welsh authority
If you are a registered building‑control approver and a notice you have dealt with stays in force, the Welsh local authority can ask you for any information they would otherwise have gathered themselves. You must supply that information so the authority can meet its reporting duties under the Building Act.
Provide required information to the council when transferring a building‑control approval
If you change the registered building‑control approver for a building project, you must give the council a transfer certificate and report, and then answer any information requests they send you within seven days. The council must decide to accept or reject the transfer within the usual 21‑day period.
Penalties for non-compliance
31 penalties under this legislation. 5 can result in imprisonment. 14 carry an unlimited fine.
Provide false building compliance notice or certificate
Unlimited fine and/or 2 years imprisonment
Breach a stop notice
Unlimited fine and/or 2 years imprisonment
Contravene building regulations
Unlimited fine and/or 2 years imprisonment
Fail to comply with a building compliance notice
Unlimited fine and/or 2 years imprisonment
Disclose manufacturing information after authorised entry
Fine up to £1,000 and/or 3 months imprisonment
Breach condition of a building‑regulation type‑relaxation direction
Unlimited fine
Breach conditions of a building‑exemption direction
Unlimited fine
Carry out restricted activity or give advice beyond registration scope
Unlimited fine
Carry out restricted building activity without a registered building inspector
Unlimited fine
Fail to comply with building‑control condition or removal notice
Unlimited fine
Fail to give required cancellation notice for higher‑risk building work
Unlimited fine
Fail to give required notice to cancel an initial notice
Unlimited fine
Perform building control work beyond registration scope
Unlimited fine
Pretend to be a registered building control approver
Unlimited fine
Pretend to be a registered building inspector
Unlimited fine
Fail to carry out works required by a building notice
Fine up to £2,500
Fail to comply with fire‑escape provision notice
Fine up to £2,500
Fail to give demolition notice to local authority
Fine up to £2,500
Obstruct refuse removal access without consent
Fine up to £2,500
Wilfully obstruct a building regulator
Fine up to £1,000
Fail to give required notice before complying with demolition notice requirements
Fine up to £500
Alter courtyard entrance and impede airflow
Fine up to £200
Construct or use cellar below subsoil water level without consent
Fine up to £200
Erect public sanitary convenience without consent
Fine up to £200
Fail to comply with a dangerous building order
Fine up to £200
Fail to comply with chimney‑height notice
Fine up to £200
Fail to give notice or disconnect a drain as required
Fine up to £200
Fail to remove building after removal deadline
Fine up to £200
Improper construction or repair of toilet or drain
Fine up to £200
Occupy building without water‑supply certificate
Fine up to £200
Be personally liable for a corporate building offence
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 8
Building control and Building Regulations approval
How to get Building Regulations approval for construction work - application types, competent person schemes, inspection process, and …
Adopt new sewers under Section 104
How to get new sewers adopted by the water and sewerage company under Section 104 of the Water …
Structural works compliance checklist
Pre-start checklist for structural works covering demolition notices, asbestos surveys, temporary works design, excavation permits, LOLER examinations, and …
Construction drainage design and compliance
How to design and install foul and surface water drainage that meets Approved Document H requirements. Covers pipe …
Demolition safety and compliance
How to comply with demolition safety requirements in England and Wales. Covers Section 80/81 demolition notices, asbestos refurbishment …
Drainage and utilities compliance checklist
Pre-start compliance checklist for drainage and utility infrastructure works. Covers Section 104 sewer adoption, Approved Document H, confined …
Start a construction business
Essential compliance requirements for starting a construction business in the UK, including CDM regulations, health and safety obligations, …
Meet Building Safety Act requirements for higher-risk buildings
How to comply with the Building Safety Act 2022 for higher-risk buildings (18m+ or 7+ storeys). Covers gateway …
Sections and provisions
217 classified provisions from this legislation.
Duties 24
- s.1A Buildings of special historical or architectural interest
- s.2C Review of minimum energy performance requirements
- s.5 Exemption of public bodies from procedural requirements of building regulations. and accordingly bodies
- s.7 Compliance or non-compliance with approved documents.
- s.10 Advertisement of proposal for relaxation of building regulations.
- s.12 Power of appropriate national authority to approve type of building matter.
- s.51 Final certificates. work
- s.53C Consideration of transfer certificate and report
- s.53B New initial notice: change of registered building control approver
- s.56 Recording and furnishing of information. local authority in Wales
- s.58F Code of conduct
- s.58R Professional conduct rules
- s.60 Use and ventilation of soil pipes.
- s.79A Wales: exercise of powers under sections 77 and 79 in relation to listed buildings, buildings in conservation areas etc.
- s.90 Facilities for inspecting local Acts. question as
- s.91A Registers to be kept by local authorities and the regulator A relevant authority
- s.91ZC Section 91ZB : supplementary
- s.91 Duties of local authorities and the regulator. local authorities
- s.91B Cooperation and the sharing of information: Wales of their relevant functions
- s.92 Form of documents.
- ... and 4 more duties
Offences and penalties 33
- s.3 Exemption of particular classes of buildings etc.
- s.11 Type relaxation of building regulations.
- s.19 Use of short-lived materials.
- s.20 Use of materials unsuitable for permanent building.
- s.23 Provision of facilities for refuse.
- s.25 Provision of water supply.
- s.35C Stop notices
- s.35B Compliance notices
- s.35 Penalty for contravening building regulations. Offence of contravening building regulations etc
- s.52A Cancellation of initial notice when work becomes higher-risk building work
- s.52 Cancellation of initial notice.
- s.54B Registered building control approvers: restricted activities and functions
- s.57 Offences.
- s.58M Offence of acting as, or pretending to be, a registered building inspector
- s.58X Offence of pretending to be a registered building control approver
- s.58L Offences relating to registration
- s.58W Offence of registered building control approver acting outside scope of registration
- s.62 Disconnection of drain.
- s.63 Improper construction or repair of water-closet or drain.
- s.68 Erection of public conveniences.
- ... and 13 more offences and penalties
Powers 61
- s.1 Power to make building regulations.
- s.2A Continuing requirements in relation to fuel, power and emissions
- s.8 Relaxation of building regulations.
- s.13 Delegation of power to approve.
- s.14 Consultation with Building Regulations Advisory Committee and other bodies : Wales
- s.16 Passing or rejection of plans.
- s.17 Approval of persons to give certificates etc.
- s.22 Drainage of buildings in combination.
- s.31 Proposed departure from plans.
- s.33 Tests for conformity with building regulations.
- s.35D Compliance and stop notices: supplementary
- s.36 Removal or alteration of offending work.
- s.39A Appeals against compliance notices and stop notices etc
- s.39 Appeal against refusal etc. to relax building regulations.
- s.41 Appeal to Crown Court.
- s.42 Appeal and statement of case to High Court in certain cases.
- s.54A Public bodies and higher-risk building work
- s.55 Appeals.
- s.56C Delegation of functions
- s.56B Requirement to keep register: England
- ... and 41 more powers
Definitions 30
- s.4 Exemption of educational buildings and buildings of statutory undertakers.
- s.6 Approval of documents for purposes of building regulations.
- s.15 Consultation with fire authority. public body
- s.32 Lapse of deposit of plans. Lapse of building control approval the relevant provisions
- s.34 Classification of buildings.
- s.46A Building control authorities: restricted activities and functions restricted activity restricted function
- s.50 Plans certificates. plans certificate
- s.53A Lapse of initial notice the relevant provisions
- s.54 Giving, acceptance and effect of public body’s notice.
- s.58A “Regulatory authority” regulatory authority
- s.58B “Registered building inspector” registered building inspector
- s.58N “Registered building control approver” registered building control approver
- s.58 Construction of Part II. final certificate initial notice plans certificate
- s.91ZA The regulator: building control authority for higher-risk buildings in England
- s.93 Authentication of documents.
- s.120D Meaning of “higher-risk building”: England Higher-risk building
- s.120H Advice about regulations under section 120D specified building safety risk major incident
- s.120F Regulations under section 120D : additional procedure in certain cases cost-benefit analysis
- s.120I Higher-risk buildings and higher-risk building work: Wales Higher-risk building Higher-risk building work
- s.120G Recommendations about regulations under section 120D building safety risk major incident
- ... and 10 more definitions
Exemptions 24
- s.2B Optional requirements
- s.2 Continuing requirements.
- s.21 Provision of drainage.
- s.24 Provision of exits etc.
- s.37 Obtaining of report where section 36 notice given.
- s.38 Civil liability.
- s.47 Giving and acceptance of initial notice.
- s.48 Effect of initial notice.
- s.51A Variation of work to which initial notice relates.
- s.53 Effect of initial notice ceasing to be in force.
- s.59 Drainage of building.
- s.61 Repair etc , of drain.
- s.64 Provision of closets in building.
- s.65 Provision of sanitary conveniences in workplace.
- s.78 Dangerous building—emergency measures.
- s.79 Ruinous and dilapidated buildings and neglected sites.
- s.100 Sale of materials.
- s.105A Enforcement of decisions of the First-tier and Upper Tribunal
- s.105 Judge not disqualified by liability to rates.
- s.115 Protection of members etc. of authorities.
- ... and 4 more exemptions