Author Topic: Leaseholder replacing doors  (Read 13322 times)

Offline wee brian

  • Administrator
  • Hero Member
  • *****
  • Posts: 2424
Re: Leaseholder replacing doors
« Reply #15 on: September 18, 2009, 09:13:44 AM »
Ah - a little knowledge etc.

Section 35 is time limited by the magistartes courts act. CLG made some amendments in the last year or so that gave some more time.

And no - it's from the time of contravention, not when the BCO finds out about it.

Offline wee brian

  • Administrator
  • Hero Member
  • *****
  • Posts: 2424
Re: Leaseholder replacing doors
« Reply #16 on: September 18, 2009, 09:29:41 AM »
I looked it up

Section 127(1) of the Magistrates’ Courts Act 1980 requires that any prosecution in a magistrates’ court must be brought within 6 months of the date the offence was committed

However, The Climate Change & Sustainable Energy Act 2006 introduced a new Section 35A to the Building Act 1984. This overides S127 and gives a two year time limit. But this only applies to those parts of the Building Regs that deal with the conservation of fuel and power.

So, for our offending flat entrance doors the BCO still has only 6 months.

Or he can serve a notice under s 36 requiring the work to be put right. He has 12 months for that.

Offline CivvyFSO

  • Hero Member
  • *****
  • Posts: 1583
Re: Leaseholder replacing doors
« Reply #17 on: September 18, 2009, 11:37:02 AM »
Good work wee brian.

Ah - a little knowledge etc.

Rather 'Toddesque' of you. A little uneccessary perhaps?

Offline wee brian

  • Administrator
  • Hero Member
  • *****
  • Posts: 2424
Re: Leaseholder replacing doors
« Reply #18 on: September 18, 2009, 11:46:26 AM »
I'll accept your slapped wrist and raise you an eyebrow.

Offline CivvyFSO

  • Hero Member
  • *****
  • Posts: 1583
Re: Leaseholder replacing doors
« Reply #19 on: September 18, 2009, 03:46:51 PM »
I salute you sir.