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<p>The ability to prosecute is an important part of the building safety regime, though
regulators also intervene in other ways. Section 35 of the Building Act 1984 enables
a local authority to prosecute where work is done in breach of the Building Regulations,
with a maximum penalty of an unlimited fine, while section 36 enables a local authority
to require building owners to correct work that does not comply. Prosecutions must
be brought within two years of the completion of non-compliant building work, while
requirements to correct work must be made within twelve months.</p><p>Dame Judith
Hackitt’s Independent Review of Building Regulations and Fire Safety identified the
need to strengthen the sanctions and enforcement regime and the Government has accepted
this recommendation. That is why we are consulting on a package of measures to overhaul
the system, including setting up a single building safety regulator with stronger
sanctions and enforcement powers. Our consultation document “Building a Safer Future”,
published on 6 June, contains proposals to strengthen sanctions and enforcement, including
changes to sections 35 and 36 of the Building Act and to make it easier for the regulator
to intervene to ensure resident safety at key points in the life-cycle of high-risk
buildings. We are working with existing regulators to explore the opportunities for
maximising cost recovery as an option for funding tougher regulatory activity on higher-risk
buildings in scope of the new regime. The consultation closed on 31 July and the Government
has committed to bringing forward legislation to implement reforms as early as practicable.</p>
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