Building Act 1984

[F1 1A. (1) Sub-paragraph (2) applies where— E+W

(a) a public body’s notice relating to a building in England is in force, and

(b) it appears to the public body that some or all of the work in relation to which that notice has effect has become higher-risk building work.

(2) Where this sub-paragraph applies the public body must, as soon as is reasonably practicable—

(a) cancel the relevant part of the public body’s notice by notice in the prescribed form given to the local authority concerned, and

(b) give a copy of that notice to the regulator.

(3) Sub-paragraph (4) applies where—

(a) a public body’s notice relating to a building in England is in force, and

(b) it appears to the local authority concerned that some or all of the work in relation to which that notice has effect has become higher-risk building work.

(4) Where this sub-paragraph applies the local authority must, as soon as is reasonably practicable—

(a) cancel the relevant part of the public body’s notice by notice in the prescribed form given to the public body, and

(b) give a copy of that notice to the regulator.

(5) Where a notice is given under sub-paragraph (2) or (4) (a “cancellation notice”)—

(a) the part of the public body’s notice to which the cancellation notice relates is cancelled with effect from the day after the day on which the cancellation notice is given, and

(b) a new public body’s notice may not be given in relation to any of the work to which the cancelled part of the public body’s notice related.

(6) Where a public body fails to—

(a) give to a local authority a notice that the body is required to give by sub-paragraph (2);

(b) give to the regulator a copy of a notice that the body is required to give by sub-paragraph (2),

then on becoming aware of the failure the regulator may, by notice in writing, impose a penalty of £7,500, which is recoverable by the regulator as a debt.

(7) Before imposing a penalty under sub-paragraph (6) the regulator must—

(a) give the public body a notice of its intention to impose the penalty; and

(b) have regard to any representations made by the public body during the period referred to in sub-paragraph (8).

(8) The regulator must not give a notice under sub-paragraph (6) imposing a penalty on a public body until a period of 14 days beginning with the day after the day on which the notice under sub-paragraph (7) is given has expired.

(9) A public body may appeal to the tribunal against the decision of the regulator to impose a penalty under sub-paragraph (6) provided that the appeal is made within a period of 21 days beginning with the day after the day on which the regulator gives a notice to the body imposing the penalty.

(10) On an appeal the tribunal—

(a) must determine whether the decision to impose the penalty was based on an error of fact, wrong in law or unreasonable, and

(b) may confirm, quash or vary the decision.

(11) In this paragraph “the relevant part of the public body’s notice” means so much of the public body’s notice (whether all or part of it) as relates to work that has become higher-risk building work. ]

Textual Amendments

F1 Sch. 4 paras. 1A-1C inserted (1.10.2023) by The Building (Public Bodies and Higher-Risk Building Work) (England) Regulations 2023 (S.I. 2023/504), regs. 1(2), 4(3); S.I. 2023/993, reg. 2(f) (with reg. 4)