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BETTESWORTHConstruction
building regulations

What to Do if You Discover Unsafe or Non-Compliant Construction in Your Building

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Protect people first. If you see movement, a partial collapse, falling material, smoke, fire or another immediate threat, leave the affected area, keep everyone else out and call your local emergency service. Do not enter to investigate, remove finishes or attempt a repair. Once people are safe, notify the owner or building manager and the building-safety authority for your location, then create a careful written record and arrange a qualified assessment.

This sequence works across most jurisdictions, but the legal definitions, reporting channels and deadlines depend on the country, city, building use, date of the work and your role. The England, New Zealand and New York City examples below are labeled and are not universal rules.

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1. Make the area safe before you gather evidence

Treat a suspected construction defect as a safety issue, not a detective project. Warning signs can include new or widening cracks, sagging floors or ceilings, doors that suddenly bind, leaning walls, exposed reinforcement, missing fire stopping, water entering electrical equipment, loose cladding, or building movement after nearby work. A visible symptom does not prove that a structure is unsafe, but it is enough to justify caution.

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If there may be immediate danger

  1. Leave the affected room, floor or building by a safe route. Do not use a lift if fire, smoke or structural movement may affect it.
  2. Tell other occupants to stay away. Close doors or use a safe barrier only if you can do so without approaching the hazard.
  3. Call the local emergency service and describe the location, people at risk and what you observed. Give the address and an access point; do not speculate about the engineering cause.
  4. Follow instructions from emergency personnel or the authority. They may evacuate, cordon off or otherwise safeguard an area, but the exact response is local.

Do not re-enter for belongings, measurements or photographs until the responsible authority says it is safe. Documentation and code analysis come after life safety.

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If the condition is concerning but not an emergency

Keep people away from the specific area where reasonably possible and avoid loading it with stored materials, vehicles or equipment. Do not drill, scrape, open a wall, test a support, remove a ceiling tile, reset a safety device or cover the symptom with paint. A well-intended intervention can worsen damage or destroy evidence.

2. Separate a safety concern from a compliance question

Unsafe describes a risk of injury, death or property damage. Non-compliant means that construction may not meet the building rules, approved plans, permit conditions or other requirements that apply in that place and at that time. A building can be compliant yet develop a later maintenance failure; it can also look sound while unauthorized work creates a fire, accessibility or structural breach.

Only a competent professional and the relevant authority can determine whether either conclusion is justified. Photographs, a consumer moisture meter or a crack gauge can document an observation, but none establishes structural capacity or legal compliance.

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3. Notify the right people in the right order

Tell the person responsible for the premises and the authority that controls the relevant building-safety process. If there is imminent danger, emergency services come first. The route changes with the issue and the building.

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Situation First contact after protecting people What to ask for
Possible collapse, falling material, fire or exposed live services Local emergency service, then owner, landlord or manager Immediate exclusion, evacuation advice and an incident reference
Suspected structural defect without immediate danger Owner, landlord or building manager and the local dangerous-structures or building-control authority A site inspection and advice on interim restrictions
Unapproved extension, alteration or missing permit information Building-control or building-safety authority; copy the owner or manager Which approval route and records apply to the work
Fire-safety, sanitation or hygiene concern The authority responsible for that hazard in your jurisdiction, plus the building manager Whether a specialist inspection or temporary closure is required
Higher-risk building occurrence in England The accountable person or other specified dutyholder, and the Building Safety Regulator where the duty applies Whether the event is a reportable safety occurrence and who must submit it

Use the authority’s published reporting channel where one exists. State the address, the exact area, what you observed, when it changed, any current construction activity and whether anyone is at risk. Ask who owns the case, what interim precautions apply and how you will receive the reference number.

4. Create a safe, factual record

Write down facts while they are fresh. Include:

  • date and time of each observation;
  • precise location, such as a stair enclosure, flat number or plant room;
  • what changed and whether it is spreading, moving, leaking, overheating or producing a sound;
  • nearby demolition, excavation, drilling, loading or alteration work;
  • names and roles of people notified, the time of each notification and the response;
  • copies of permits, plans, inspection certificates, notices, contractor messages and emails that you already hold.

Take photographs or video only from a place that is clearly safe. Keep the original files, note the direction and date, and do not edit out context. Never cross a barrier, enter a restricted area, move debris or remove a finish to obtain a better image. England’s Building Safety Regulator guidance asks for incident details, immediate safety steps and supporting information such as photos or videos. New York City’s structural-report process calls for labeled photographs and detailed descriptions of conditions.

5. Obtain an appropriate professional assessment

For suspected structural movement, ask the owner or authority to appoint a suitably qualified structural engineer or building surveyor. The professional should be independent of any contractor whose work is in question where that is practical, and should have experience with the building type and local rules. For fire protection, electrical systems, gas, asbestos or sanitation, use the specialist required by the local authority rather than substituting a general inspection.

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What a useful assessment should establish

  • the observed condition and whether it is stable, worsening or inaccessible;
  • the immediate risk and any exclusion, shoring, temporary weatherproofing or monitoring needed;
  • the likely affected elements, stated as an expert opinion rather than a guess;
  • which approved drawings, permits, regulations or standards should be checked; and
  • what further tests or opening-up work are necessary, and who is authorized to do it.

Do not treat a DIY repair, sealant, prop, crack monitor or consumer instrument as proof that the work is safe or compliant. A temporary measure should be designed, installed and checked by a competent person, with occupants told exactly what areas or loads must be avoided.

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6. Choose the reporting route using these six factors

When an authority or professional asks for more information, organize it around the factors that change the answer:

  1. Urgency: Is there an immediate threat, a worsening condition or a historic concern with no current symptoms?
  2. Building use: Is it a home, rented block, workplace, hospital, care facility, school or public venue?
  3. Timing: Is work underway, recently completed or decades old? Current work may involve a contractor and active permit; historic work may require archived records.
  4. Your role: Are you an occupant, tenant, owner, landlord, manager, contractor, designer or accountable person?
  5. Approval control: Which council, building-control body, regulator or fire authority has jurisdiction?
  6. Hazard type: Is the concern structural, fire-related, electrical, hygiene, access, environmental or a combination?

These factors prevent a common error: sending a structural complaint to a general planning office, or assuming that a tenant, contractor and owner have identical legal duties.

7. England: approval and higher-risk building examples

Ordinary building-regulations work

In England, building regulations can cover construction, extensions and some alterations. For non-higher-risk work, approval may involve the local authority or a registered building control approver. The government’s “Building regulations approval: When you need approval” guidance explains that faulty or non-compliant work can lead to prosecution or a requirement to pay for corrective work. The approval route and the rules in force when work began matter, so ask the local authority to verify the records rather than assuming that an old building is exempt.

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Defined higher-risk building duties

The Building Safety Regulator’s guidance applies to England and defines a higher-risk category in the cited context as a building that is at least 7 storeys or 18 metres high and has at least 2 residential units, or is a hospital or care home. That classification is not a general measurement of danger and does not make every defect reportable.

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For qualifying safety occurrences, specified principal designers, principal contractors and accountable persons have mandatory duties. Notice is due as soon as possible, followed by a report within 10 calendar days of the safety occurrence being identified. This is a duty for the specified roles and qualifying buildings, not a universal ten-day deadline for residents, every defect or every jurisdiction. The current Building Safety Regulator guidance was updated 4 September 2025.

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8. New Zealand: dangerous, affected and insanitary buildings

New Zealand’s Ministry of Business, Innovation and Employment (MBIE) says territorial authorities and councils manage dangerous, affected and insanitary buildings. Its guidance, updated 29 July 2024, states: “Dangerous, affected and insanitary buildings have the potential to cause serious harm to people, or damage other property.” It treats a building as dangerous when people inside or nearby may be injured or killed, or other property may be damaged, and separately addresses fire danger.

Report the condition to the council and the owner or building manager, using emergency services first where there is an immediate threat. Ask the council what temporary occupation, cordon or information requirements apply. Do not assume that a council’s process, notice wording or time frame applies in another country.

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9. New York City: structural compromise

New York City’s Department of Buildings directs owners to notify it immediately after learning that a building may be structurally compromised and to secure public safety. The city’s process calls for inspection and reporting by a registered design professional. If you are an occupant or tenant, notify the owner or managing agent immediately and report the concern to the Department of Buildings through the city’s current channel; do not enter a potentially compromised area to collect evidence.

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The registered professional’s report should describe conditions in detail and use labeled photographs. NYC procedures are city-specific and should not be used to infer duties in another New York municipality or elsewhere.

10. A local England example: Northamptonshire

The Central, North and West Northamptonshire Building Control Partnership explains that its dangerous-structures response can include inspection, safeguarding or cordoning, and emergency work for an immediately dangerous structure. It also notes that the owner has primary responsibility. This is an example of one local authority’s arrangement, not a promise that every English council will use the same team, wording or response time. Contact the council that covers the building in question.

11. Track the case and escalate carefully

Keep a single timeline containing your original report, reference numbers, inspection dates, findings, photographs, written instructions and agreed interim measures. Ask:

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  • Who is the named case officer or responsible person?
  • What areas, activities or loads must occupants avoid?
  • Who will commission and pay for the professional assessment?
  • What information is still missing?
  • When and how will the authority or owner update occupants?

If the condition worsens, people cannot follow the interim controls, or the owner does not respond to an apparent emergency, contact emergency services or the relevant authority again and quote the existing reference. Describe the new observable facts; do not embellish or diagnose. Retain copies outside the affected building if access may be restricted.

12. Mistakes that can make the situation worse

  • Entering a cordoned or visibly moving area to take a closer photograph.
  • Propping, patching, demolishing or removing material without an engineered plan.
  • Assuming that a permit, completion certificate or lack of visible damage proves safety.
  • Posting identifiable occupants’ images or unverified accusations publicly instead of preserving a factual record.
  • Using an England, New Zealand or NYC deadline as if it applied to your location.
  • Waiting for a contractor’s opinion when emergency services or the authority should be involved.

13. Quick decision checklist

Question Action
Could someone be hurt now? Leave, keep others out and call emergency services.
Is there no immediate danger but a credible defect? Notify the owner or manager and the local building-safety authority; request interim controls.
Is the concern about unauthorized or undocumented work? Ask building control which approvals and records apply; preserve plans and notices.
Is the concern structural? Request a qualified structural engineer or building surveyor; do not self-test or repair.
Has an authority or owner responded? Keep the reference, written instructions and inspection report, and follow the stated restrictions.

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