Change Of Use

Change of use of a building or part of a building can bring into force all relevant regulations in the case of a building previously exempted, or additional or more onerous requirements in the case of a building already subject to the regulations. For example, a house changed into a nursing home would attract more onerous means of escape requirements. Such changes of use require a warrant even if no building work is proposed. Or again, if a house is split into flats the floor will become a separating floor and more fire resistance is required. The key is whether a more onerous requirement applies to the new use of the building or any part or component of the building. It may relate to only one regulation or many, or one part of a building and nothing else (for example the use of a gas flue for a solid fuel appliance). A building does not necessarily need to change from one purpose group to another to attract more onerous requirements. The local authority can advise on particular cases (section 6(2)(b) of the Act refers). Change of use for building control purposes must be carefully distinguished from change of use for planning purposes.

Enforcement

Local authorities have powers to enforce the regulations where buildings have been constructed without a warrant or in contravention of the regulations or conditions of a warrant. Regardless of whether or not work requiring warrant is proposed, they can also require an existing building to conform to certain regulations if this should be necessary to safeguard the occupants or the public generally. In such cases a notice is served on the owner of the building stating the operations required. If the owner fails to react within a defined period the authority may order him to carry out the work. In the event of failure to comply with the order within a specified period the owner is guilty of an offence and the local authority may then carry out the work and recover the cost from the owner as a debt.

Dangerous Buildings

If the local authority considers that a building is dangerous it can require immediate evacuation and require, or itself take, any action (including demolition) necessary to protect the public and adjacent property. The authority can then serve on the owner a notice requiring remedial action or demolition within a stated period and, if no action is taken, serve an enforcement order. If this is not complied with the authority can carry out the repair or demolition and then recover its expenses from the owner.

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