Cases - Butler and Young v Carrick District Council
Record details
- Name
- Butler and Young v Carrick District Council
- Date
- [2001]
- Citation
- (unreported)
- Legislation
- Keywords
- duty of care - Building act - actions and responsibilities of approved inspectors - enforcing building regulations
- Summary
-
This case was heard on appeal, following the dismissal of an appeal at the Magistrates' Court. The case revolved around the 'duty' of the local authority in respect of enforcing the Building Regulations. The council in question contended that its duty included ensuring that work was carried out in accordance with the details on the initial notice; if it was found that it did not, a regularisation application could be demanded.
It was further contended that if, at some future date, it was found that the building work did not comply with the Building Regulations, the council could seek an injunction to have the offending work corrected and could take action against the approved inspector. The council also contended that as part of its duty to keep the public register of approved inspector initial notices, it needed to know the details and detailed location in the building of the building work being carried out.
As the council considered the details on the initial notice in this case to be inadequate, it had no alternative but to reject it.
In delivering his judgment, the judge emphasised that the Building Act 1984 provided for two separate systems of building control. He held that the description given of the internal alterations in the notice was more than adequate.
He went on to state that the perceived responsibilities of the council were incorrect. The judge awarded costs against the council and ordered them to issue a formal acceptance of the initial notice.