The Government plans to beef up powers for local authorities to tackle illegal or botched construction…

Currently, authorities only have six months from completion of non-compliant work to bring a prosecution for breaches of building regulations and Government has listened to concerns that a longer period is needed to make enforcement more effective, given that defects may not become immediately apparent.

Proposals in the consultation paper published today would increase the time limit in which a prosecution can be brought to two years. Within this period, a prosecution can be brought within six months of discovery of sufficient evidence to prosecute.

Iain Wright, Minister at Communities and Local Government said: "Local authority building control representatives have stressed the barrier to effective enforcement that the current six months allowed for prosecution can pose - it is not long enough. It is not right that those committing serious breaches and avoiding justified enforcement action are putting themselves and others at health and safety risk.

"They can also be reducing the energy efficiency potential of buildings - everyone should be striving to make buildings as environmentally friendly as possible. A more efficient enforcement regime should prove to be a more effective deterrent to non-compliance, ensuring that unscrupulous and lazy builders cannot benefit at the expense of the law-abiding majority".

The consultation document is clear that prosecution is aimed at flagrant, wilful or repeated non-compliance not one-off minor failures. The Government wants to ensure a level playing field for industry and these proposals will impose no additional burdens or risk of prosecution for those who comply with Building Regulation requirements.