Regularisation application notes and checklist

Is a regularisation certificate application suitable?

  Is a regularisation certificate application suitable? Regulation Is this applicable?
1

Was the unauthorised building work before the 11 November 1985?

Any building work carried out before 11 November 1985 is not eligible to be regularised.

18(1)  
2

Is the building work in relation to higher-risk building work?

A regularisation certificate application given to the local authority is not appropriate in these circumstances. Regularisation certificate applications for building work to higher-risk buildings can be made.

2B  
3

Has any part of the work described in an initial notice been carried out and the initial notice has ceased to be in force?

If so, Regulation 19 of the Building (Approved Inspectors etc) Regulations 2010 (local authority powers in relation to partly completed work) applies. Compliance should be with the requirements of that regulation and a building regularisation certificate application is not appropriate.

19 - Building (Approved Inspectors etc) Regulations 2010  

If the response to all the questions above is 'no' then an application for a regularisation certificate is appropriate for the proposed work. Where the response is 'yes' for row 2, an application should be made to the Building Safety Regulator. Where the response is 'yes' to any other row, the application for a regularisation certificate is not appropriate.

Is additional information required?

  Is additional information required? Regulation Included or not applicable?
4 So far as is reasonably practicable, a plan of the unauthorised work is required. 18(2)(c)  
5 So far as is reasonably practicable, provide a plan showing any additional work required to be carried out to secure that the unauthorised work complies with the requirements relating to building work in the building regulations which were applicable to that work when it was carried out. 18(2)(d)  

Further information

Further information Regulation

Unauthorised building work means building work, other than work in relation to which an initial notice, an amendment notice, a public bodies notice or a regulators notice has effect, which is done without:

  • a building notice being given to the local authority
  • an application for building control approval with full plans of the work being given to the local authority or:
  • a notice of intention to start work being given to the local authority, in accordance with Regulation 16(1), where a building notice has been given or an application for building control approval with full plans of the work has been given
18(8)(a)