Part 3: Building Act 1984 Building control authorities and building regulations Section 39: Breach of building regulations Effect
Subsection (2) of this section replaces the existing summary-only, fine-only offence in section 35 of the Building Act 1984 (penalty for contravening building regulations), making it triable either way, and also providing for imprisonment as a possible sentencing option – for the maximum term of imprisonment permitted in a magistrates’ court, as defined in section 126 of the Building Act, as amended by paragraph 80 of Schedule 5 of this Act, i.e. 12 months (six months until the commencement of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020), or an unlimited fine. If tried in the Crown court, the maximum penalty will be an unlimited fine and/or two years’ imprisonment. The substituted version of section 35 also increases the maximum daily fine from £50 to level 1 on the standard scale (currently £200), reflecting inflation since 1984, when a Level 1 fine was £50.
	In addition, new section 35(1) expands the existing offence of contravening building regulations so that it also covers requirements imposed under building regulations; for example, requirements imposed at the time of granting building control approval, such as provision of revised plans. Subsection (2) retains the existing power to exclude provisions of building regulations from the offence in section 35; the existing power has been used to make regulation 47 of the Building Regulations 2010. Subsection (3) provides for the building regulations to make provision for defences in relation to specific building regulations, to be used by persons whose circumstances meet the criteria of the defence to dispute a charge against them.
	Subsection (3) of this section amends section 36 of the Building Act 1984 (notice requiring rectification of non-compliant work) to extend the time limit during which rectification in respect of a contravention of building regulations can be required from twelve months to 10 years.