Building Control & Renovation Disputes — Your Rights

ConstructionFree guide Building work and renovations are stressful enough without finding out afterwards that the work was done without the right approvals, doesn't meet building regulations, or is simply defective. This guide explains your options and how to deal with it.

Building work and building control — the basics

In England, most building work has to be approved under the building regulations (set out in the Building Act 1984 and the building regulations themselves). The point of building control is to make sure buildings are safe, healthy, and energy-efficient — structurally sound, fire-safe, properly insulated, with safe electrical and plumbing work, etc.

Generally, the person carrying out the work, or the person in control of the building, is responsible for making sure the work is approved. There are a few routes:

• Full plans application — you submit detailed plans in advance and get approval before the work starts.
• Building notice — for some straightforward work, you can start after giving notice rather than getting full plans approved (though this offers less certainty).
• Regularisation — if work has already been done without approval, a regularisation application can be used to get it assessed and certificated retrospectively, with any necessary remedial work identified.

Building control can be carried out by the local authority's building control team or by an approved inspector (a private provider) under a private building control arrangement.

When does the problem arise?

Common situations people run into:

• work was started or completed without any building control approval at all;
• work was approved but then carried out differently from what was approved, without variation approval;
• the builder or contractor has disappeared and the work is defective;
• the work doesn't meet the regulations (e.g. unsafe electrical work, no fire separation, inadequate structural support, no damp proofing, missing insulation);
• for a new-build purchase, the property has snags or defects that the developer or builder is slow to put right.

Your options when building work is non-compliant or defective

1. Get clarity on what's wrong

Before you complain, get a clear picture. For building control issues, the key question is: was the work approved, and does the completed work match what was approved? For defects, the question is: what is defective, is it structural/safety-critical, and what would it cost to fix? A qualified building surveyor or structural engineer can help here — and their report is also good evidence if you end up in a dispute.

2. Raise a formal complaint with the builder/contractor

If the builder or contractor is still around, put your concerns in writing. Be specific about what's wrong, with dates, locations, and evidence (photos, plans, the contract, the approved documents, and any independent report). State clearly what you want them to do: stop non-compliant work, arrange the right building control inspection/certification, fix the defects, and confirm in writing what they will do and by when.

3. Complain to the local authority building control

If the work was done without approval and the builder won't co-operate, the local authority building control team is the relevant body. They can inspect the work, identify what doesn't comply, and tell you what needs to happen to regularise it. Bear in mind that regularisation can involve remedial work and fees.

4. Use any warranty

For new-build homes, there is often a warranty and insurance policy such as NHBC Buildmark (or an equivalent from another provider). These can cover certain structural defects for a period (often 10 years for structural defects). If your property has a warranty, check what it covers and how to make a claim — the process and timescales matter.

5. Consider legal action

If the matter can't be resolved, legal action may be an option:

• Under the contract — for work that is defective or incomplete, the contract may give you rights to insist on proper performance or to claim for the cost of putting it right.
• Under the Defective Premises Act 1972 — where work is done on a property and it is not made reasonably suitable for habitation, or is not built in a workmanlike manner, there can be liability to the occupier.
• Small claims or county court — depending on the value and nature of the claim.

These things are fact-specific and can be technically complex; a solicitor who specialises in construction or property disputes, or a surveyor, can be worth involving if the sums are significant.

Snagging — a different but related problem

Snagging is the process of listing the defects and incomplete items in a newly built or renovated property before you accept it as complete. A good snagging list is specific (room, location, what's wrong), distinguishes urgent defects from cosmetic snags, and is supported by photos. It's best done at the right stage — before you sign off the work or complete the purchase — because it's harder to raise things later.

The generator can produce a snagging letter listing the items, requesting a rectification programme, and reserving your rights under the contract and any warranty.

Using the generator

Use the LawImNotSure generator to draft your letter. It can help you structure a building control breach complaint or a snagging list in a clear, formal letter. Review the output carefully and attach any evidence you have. The generator does not provide legal advice.