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Building regulations enforcement S36 notices issued.

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Dear Wandsworth Borough Council,

Please could you provide a response to the following requests for information in respect of Building Act 1984 S36 enforcement action taken since 1st January 2006 (reporting each calendar year separately if possible):-

Residential Property Works:
1. How many Building Act 1984 Section 36 enforcement notices have been issued in respect of residential property works since 1st January 2006 (reporting each calendar year separately if possible) ?

2. How many injunctions have been applied for pursuant to Building Act 1984 Section 36(6) in respect of residential property works since 1st January 2006 (reporting each calendar year separately if possible) ?

Commercial or other Property Works
3. How many Building Act 1984 Section 36 enforcement notices have been issued in respect of other property works, not being residential property works, since 1st January 2006 (reporting each calendar year separately if possible) ?

4. How many injunctions have been applied for pursuant to Building Act 1984 Section 36(6) in respect of other property works, not being residential property works, since 1st January 2006 (reporting each calendar year separately if possible) ?

Yours faithfully

A Ali

Freedom Of Information, Wandsworth Borough Council

Request for Information - 2017/14780 - Building regulations enforcement
S36 notices issued.

Thank you for your request for information received on 18/04/2017.

This will be processed in accordance with the appropriate access to
information regime.

Regards

FOI and DPA Officer
[1][Wandsworth Borough Council request email]

IMPORTANT:
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must take no action based on them, nor must you copy or show them to
anyone. Please reply to this email and highlight the error.

Please visit the Councils' websites at: [2]www.richmond.gov.uk and
[3]www.wandsworth.gov.uk

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Freedom Of Information, Wandsworth Borough Council

Request for Information - 2017/14780 - Building regulations enforcement
S36 notices issued.

 

I refer to your request for information received on 18/04/2017.  Please
see the information below in response to your request: -

 

The way we keep data does not distinguish these elements of enforcement
directly.  We would know of recent cases where court action was taken (in
the last 2 years there have been none) but in recent years this has not
been a focus for Building Control as soft enforcement procedures have been
sufficiently effective.  Section 36 is rarely used as it would ultimately
require the local authority to carry out rectification works in default
and anything sufficiently significant in this regard would probably be
resolved through other channels (such as dangerous structures
legislation).  Accordingly, we are not in a position to provide the
information requested.

 

Please could you provide a response to the following requests for
information in respect of Building Act 1984 S36 enforcement action taken
since 1st January 2006 (reporting each calendar year separately if
possible):-

 

Residential Property Works:

1. How many Building Act 1984 Section 36 enforcement notices have been
issued in respect of residential property works since 1st January 2006 
(reporting each calendar year separately if possible) ?

2. How many injunctions have been applied for pursuant to Building Act
1984 Section 36(6) in respect of residential property works since 1st
January 2006  (reporting each calendar year separately if possible) ?

Commercial or other Property Works

3. How many Building Act 1984 Section 36 enforcement notices have been
issued in respect of other property works, not being residential property
works, since 1st January 2006  (reporting each calendar year separately if
possible) ?

4. How many injunctions have been applied for pursuant to Building Act
1984 Section 36(6) in respect of other property works, not being
residential property works, since 1st January 2006  (reporting each
calendar year separately if possible) ?

We are unable to provide any of the information requested above fom
Building Control records currently held

 

The information you are requesting above is being withheld under
regulation 12(4)(b),manifestly unreasonable, of the Environmental
Information Regulations (EIR).

 

The EIR allows public authorities to refuse a request for information that
is manifestly unreasonable because the cost of compliance with the request
would be too great. The Council refuses to comply with your request, and
relies on regulation 12(4)(b) of the EIR in order to deem it manifestly
unreasonable. The information is not held in an easily retrievable format,
the Council does not categorise enforcement cases in the way requested and
it would be necessary for all records to be reviewed in order to extract
any relevant detail.  This manual search would place a significant burden
on the section concerned.

 

The Council refuses to comply with your request, and relies on regulation
12(4)(b) of the EIR in order to deem it manifestly unreasonable.

 

Please note that the way data is kept does not distinguish these elements
of enforcement directly.  The Council would know of recent cases where
court action was taken (say in the last 2 years, of which there are none)
but in recent years this has not been a focus for Building Control as soft
enforcement procedures have been sufficiently effective.  Section 36 is
rarely used as it would ultimately require the local authority to carry
out rectification works in default and anything sufficiently significant
in this regard would probably be resolved through other channels (such as
dangerous structures legislation).

 

I hope this information meets your needs. If you do not understand the
information provided or wish to discuss anything further, please feel free
to contact me and I, or another member of the team will be able to assist
you.

 

Please note, all material provided by Wandsworth Council in response to
your request for information is for your personal, non-commercial use.
Wandsworth Council reserves all rights in the copyright of the information
provided. Any unauthorised copying or adaptation of the information
without express written confirmation from Wandsworth Council may
constitute an infringement of copyright. Any intention to re-use this
information commercially may require consent. Please forward any requests
for re-use of information to the FOI officer.

 

If you are dissatisfied with the information provided in relation to your
request you may make representations to the Chief Executive. 
Correspondence should be addressed to: 

 

Room 149, Wandsworth Town Hall, Wandsworth High Street, London, SW18 2PU

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at: 

 

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

 

 

Regards

 

 

 

 

 

Kirsten Hawkins

FOI and DPA Officer

Customers and Partnerships, Chief Executives Group

Serving Richmond and Wandsworth Councils

[1][Wandsworth Borough Council request email]

[2]www.richmond.gov.uk / [3]www.wandsworth.gov.uk

 

 

 

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