C1C2C3C4C7C11C9C10 Part I Building Regulations
Pt. 1 (ss. 1-46) modified (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 18(1)
Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)
Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7P
Pt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))
Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8
Pt. 1 (ss. 1-46) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 3
Pt. 1 (ss. 1-46) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 22 para. 1
Pt. 1 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 1(1)(a) (with Sch. 22 para. 1(2)(3))
Relaxation of building regulations
8 Relaxation of building regulations.
C5C6C81
Subject to this section, the F29appropriate national authority, if on an application for a direction under this section F24it considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, may after consultation with the local authority, give a direction dispensing with or relaxing that requirement.
C6C82
If building regulations so provide as regards a requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) above is exercisable by the local authority (instead of by the F29appropriate national authority after consultation with the local authority).
C6C83
Building regulations made by virtue of subsection (2) above may except applications of any description.
F73A
If, in a case where the regulator is the building control authority—
a
an application for a direction under this section is made to the regulator, and
b
the regulator considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case,
it may give a direction dispensing with or relaxing the requirement.
3B
No application under subsection (1) or (2) may be made in a case where the regulator is the building control authority.
C6C84
If—
a
building regulations so provide as regards any requirement contained in the regulations, and
b
a public body considers that the operation of any such requirement would be unreasonable in relation to any particular work carried out or proposed to be carried out by or on behalf of the public body,
the public body may give a direction dispensing with or relaxing that requirement.
C6C85
In subsection (4) above, “public body” means—
a
a local authority.
b
a county council, or
c
any other body that is prescribed for the purposes of section 5 above.
6
Building regulations may provide as regards a requirement contained in the regulations that subsections (1) to (5) above do not apply.
9 Application for relaxation.
1
2
F15The applicationF15An application under section 8(1) or (2) shall be made to the local authority, and, except where the power of giving the direction is exercisable by the local authority, the local authority shall at once transmit the application to the F17appropriate national authority and give notice to the applicant that it has been so transmitted.
3
An application by a local authority in connection with a building or proposed building in the area of that authority shall be made to the F17appropriate national authority, except where the power of giving the direction is exercisable by that authority F3or in a case where the regulator is the building control authority..
4
Schedule 2 to this Act has effect as regards as application for a direction that will affect the application of building regulations to work that has been carried out before the making of the application.
10 Advertisement of proposal for relaxation of building regulations.
1
Not less than 21 days before giving a direction under section 8(1), (2) F12, (3A) or (4) above in respect of any particular work, the F26appropriate national authority, the F18local authorityF18building control authority or the public body, as the case may be shall publish in a local newspaper circulating in the area where the site of the work is situated a notice—
a
indicating the situation and nature of the work and the requirement to be dispensed with or relaxed, and
b
stating that representations with regard to the effect that the direction may have on public health or safety may be made by a date specified in the notice, being a date not less than 21 days from the date of the notice.
2
No notice need be published under the subsection (1) above where in appears to the F1appropriate national authority, the F22local authorityF22building control authority or the public body, as the case may be, that any effect that the direction may have on public health or safety will be limited to premises adjoining the site of the work, but in that case F5... it shall give such a notice to the owner and occupier of those premises.
3
No notice need be published or given under subsection (1) or (2) above where the work affects only an internal part of a building.
4
5
6
If, after a local authority have received representations under this section, they refuse the application to which the representations relate and an appeal is brought against their refusal the local authority shall transmit F28to the Secretary of State copies of those representations.F28copies of the representations to—
a
the regulator, in the case of a local authority for an area in England;
b
the Welsh Ministers, in the case of a local authority for an area in Wales.
11 Type relaxation of building regulations.
1
If the F14appropriate national authority considers that the operation of a requirement of building regulations would be unreasonable in relation to a particular type of building matter, F30the authority may, either on an application made by any person (the “original applicant”) or of its own accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either—
a
unconditionally, or
b
subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation.
2
A direction under subsection (1) above—
a
if it so provides, ceases to have effect at the end of such period as may be specified in the direction,
3
Building regulations may require a person making an application under subsection (1) F21or (2)(b) above to pay the F19appropriate national authority the prescribed fee, and—
a
without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and
b
the F19appropriate national authority may in a particular case remit the whole or part of a fee payable by virtue of this subsection.
F113A
The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under this section.
3B
Before making a proposal, the regulator must consult—
a
such persons as it considers appropriate, and
b
if the proposal is for a direction that would vary or revoke a direction given on an application under subsection (1), the original applicant.
3C
Before giving a direction under this section, other than a direction proposed by the regulator, the Secretary of State must consult—
a
the regulator,
b
any other person the Secretary of State considers appropriate, and
c
if the direction would vary or revoke a direction given on an application under subsection (1), the original applicant.
4
F16Before giving a direction under subsection (1) above, the Secretary of State shall consult such bodies as appear to him to be representative of the interests concerned.
F16Before giving a direction under subsection (1) or (2)(b), the Welsh Ministers must consult such persons as they consider appropriate.
5
F16Where the Secretary of State gives a direction under subsection (1) above, he shall publish notice of that fact in such manner as he thinks fit.
F16Where the appropriate national authority gives a direction under subsection (1) or (2)(b), it must publish notice of that fact in such way as it considers appropriate.
6
A person who contravenes a condition specified in a direction given under subsection (1) above, or permits such a condition to be contravened, is liable on summary conviction to a fine F2not exceeding level 5 on the standard scale and to a further fine not exceeding F4£50F4level 1 on the standard scale for each day on which the offence continues after he is convicted.
7
If at any time a direction under subsection (1) above dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of subsection (2)(a) above, or is varied or revoked under subsection (2)(b) above, that fact does not affect the continued operation of the direction (with any conditions specified in it) in a case in which F27before that time—
a
plans of the proposed work were, in accordance with building regulations, deposited with a local authority F13...
8
In this section, “building matter” means any building or other matter whatsoever to which building regulations are in any circumstances applicable.
Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2