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Retrospective Building Regulations: What Happens Next?
- AMS SURVEYS
- Feb 10
- 5 min read
Carrying out building work without Building Regulations approval is more common than many people realise. In most cases, it only comes to light years later - often during a property sale, when a surveyor or solicitor asks an awkward question.
Retrospective Building Regulations exist to deal with exactly this situation. They allow certain unauthorised works to be assessed after completion and where appropriate, brought into compliance.
In this guide, we explain how Retrospective Building Regulations work, when regularisation is possible and what it means for homeowners, buyers and sellers.
What Are Retrospective Building Regulations?
Retrospective Building Regulations apply to building work that was carried out without Building Control approval at the time. This might include work completed by a previous owner, a builder who failed to notify Building Control, or historic alterations carried out before modern conveyancing checks became common.
Rather than automatically requiring removal of the work, local authorities allow owners to apply for a Regularisation Certificate. This confirms that the work either complies with current Building Regulations or has been upgraded to meet them.
In practice, this system exists to balance safety, practicality and fairness - not to punish homeowners.
Why Non-Compliance Is Often Discovered During a Sale
In our experience, non-compliant work is most commonly identified when a property is being sold. This is usually the first time a construction professional, such as a Chartered Building Surveyor, has inspected the property in detail.
A Level 2 Home Survey or Level 3 Building Survey will often highlight:
Missing completion certificates
Structural alterations with no Building Control record
Loft conversions or extensions without approval
Drainage, insulation or fire safety concerns
While this can feel alarming, it is very rarely a reason to panic. Most issues can be investigated, assessed and resolved.
Unsure whether building work complies with regulations?
Contact AMS SURVEYS today for expert guidance, confidential advice and peace of mind from our Chartered Building Surveyors and Engineers.
What Is a Regularisation Certificate?
A Regularisation Certificate is formal confirmation from the local authority that unauthorised building work has been inspected retrospectively and meets the required standards.
It applies only to work completed after 11 November 1985 and only where no Building Regulations application was made at the time.
Once issued, the certificate can be relied upon during future property transactions, just like a standard Building Regulations completion certificate.
How to Apply for Retrospective Building Regulations Approval
Step 1: Submit an Application
An application is made to the local authority Building Control Body (BCB), usually through the Planning Portal or directly with the council. You will need to describe the work carried out and confirm when it was completed.
Step 2: Inspection by Building Control
A local authority building control surveyor will inspect the works. This may involve opening up elements of the building to confirm how they were constructed.
Step 3: Remedial Works (if required)
If the work does not meet current standards, the surveyor will identify what needs to be corrected. They will not design the solution - professional advice is usually required at this stage.
Step 4: Certificate Issued
Once the work is confirmed as compliant, a Regularisation Certificate is issued.
What Information Is Usually Required?
Typical documentation includes:
A clear description of the work carried out
Any drawings, specifications or photos available
Evidence of when the work was completed
Structural calculations (if relevant)
Details of materials and construction methods
Even limited information is often sufficient to begin the process.
What Types of Work Can Be Regularised?
Common examples include:
Extensions and structural alterations
Loft conversions
Garage conversions
Replacement windows and doors
Drainage alterations
Internal wall removals
However, not all work is eligible. In some cases, the work may need significant alteration or removal if it cannot be brought up to standard.
Challenges with Retrospective Compliance
Older Regulations
Inspectors may need to assess work against historic standards, sometimes dating back decades. This can be complex, particularly where buildings have been altered multiple times.
Cost
Application fees are typically higher than standard Building Control fees, and remedial works may add to the overall cost.
Timescales
The process can take several weeks or longer, which can be stressful if a sale is already underway.
Early professional advice can significantly reduce delays.
What Happens If Building Regulations Are Ignored?
Failure to address non-compliant work can lead to:
Enforcement action by the local authority
Difficulty selling or refinancing a property
Reduced property value
Problems with insurance cover
Increased risk to occupant safety
Regularisation is often the most practical and cost-effective route forward.
Building Regulations vs Planning Permission
These are two separate systems and one does not replace the other.
Building Regulations focus on safety, structure, fire protection, insulation and drainage
Planning Permission deals with appearance, land use and impact on neighbours
A project may need one, both, or neither - depending on the work involved.
Can You Appeal a Building Regulations Decision?
Yes. If a Building Regulations application is refused, there is a formal appeal process. This may involve:
Appealing to the Secretary of State
Referral to a Magistrates’ Court
Alternative dispute resolution
Professional input is strongly recommended when appealing.
When Should You Speak to a Surveyor or Engineer?
You should seek advice if:
Building work has no completion certificate
You are buying or selling a property with alterations
Building Control has raised concerns
You are unsure whether work is compliant
A Regularisation Certificate is required urgently
Early advice often prevents unnecessary costs and delays.
Final Thoughts
Retrospective Building Regulations exist to resolve issues - not create them. While discovering non-compliant work can be unsettling, most cases are straightforward once properly assessed.
With the right professional guidance, building work can usually be regularised, certified and moved forward with confidence.
Are You Concerned About Building Regulations Compliance?
If you’re worried about non-compliant building work, missing certificates or regularisation, contact AMS SURVEYS for a confidential discussion.
Our expert team of Chartered Building Surveyors and Engineers provides clear, practical advice to help you achieve peace of mind and compliance.
Frequently Asked Questions About Retrospective Building Regulations
When is retrospective Building Regulations approval required?
Retrospective approval is usually required when building work has been carried out without Building Control approval and is later identified - often during a property sale, mortgage application, or building survey.
Who is responsible if the work was done by a previous owner?
The current property owner is responsible for resolving Building Regulations issues, even if the work was carried out by a former owner. This is why problems often surface during conveyancing.
How far back can Building Control investigate unauthorised work?
Local authorities can assess work completed after 11 November 1985 through the regularisation process. Older work may still raise safety concerns, even if formal enforcement is limited.
Will the building need to be opened up for inspection?
In many cases, yes. Building Control may require parts of the structure to be exposed so they can confirm how the work was constructed and whether it meets current standards.
Does retrospective approval guarantee a certificate?
No. A certificate will only be issued if the work complies with Building Regulations or is altered to meet the required standards. Some work may need significant upgrades.
How long does the regularisation process usually take?
Timescales vary depending on the complexity of the work and whether remedial works are required. Straightforward cases can take a few weeks, while more complex issues may take longer.
Is indemnity insurance an alternative to regularisation?
Indemnity insurance does not confirm compliance and may not be accepted by buyers or lenders in all cases. Regularisation provides formal confirmation from Building Control.
Can retrospective compliance affect the value of a property?
Yes. Unresolved Building Regulations issues can delay sales, reduce buyer confidence, and affect property value. Regularisation often helps protect the sale price and prevent delays.
Should I speak to a surveyor before contacting Building Control?
Yes. A Chartered Building Surveyor or Engineer can assess the work, advise on likely outcomes, and help avoid unnecessary costs or complications before formal inspections.
