C1C2C3C4C6C9C7C8 Part I Building Regulations

Annotations:
Modifications etc. (not altering text)
C3

Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)

C4

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))

C6

Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8

F11 Passing of plansF11Building control approval

Annotations:
Amendments (Textual)

21C5Provision of drainage.

F11

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F12

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3

Any question arising under subsection F2(4) belowbetween a F9local authorityF9building control authority and the person by whom, or on whose behalf, F7plans are depositedF7an application for building control approval is made as to F3whether a proposed drain shall be required to connect with a sewer may on the application of that person be determined by F5a magistrates’ courtF5the appropriate court or tribunal.

4

F4Where F12plans of a building or of an extension of a building are, in accordance with building regulations, deposited withF12an application for building control approval in respect of a building or an extension of a building is made to a F9local authorityF9building control authority, the F9local authorityF9building control authority, or on appeal F10a magistrates’ courtF10the appropriate court or tribunal, may require a proposed drain to connect with a sewer where—

a

that sewer is within one hundred feet of the site of the building or, in the case of an extension, the site either of the extension or of the original building, and is at a level that makes it reasonably practicable to construct a drain to communicate with it, and, if it is not a public sewer, is a sewer that the person constructing the drain is entitled to use, and

b

the intervening land is land through which that person is entitled to construct a drain.

5

Notwithstanding paragraph (a) of subsection (4) above, a drain may be required to be made to connect with a sewer that is not within the distance mentioned in that paragraph, but is otherwise such a sewer as is therein mentioned, if the authority undertake to bear so much of the expenses reasonably incurred in constructing, and in maintaining and repairing, the drain as may be attributable to the fact that the distance of the sewer exceeds the distance so mentioned.

6

If any question arises as to the amount of a payment to be made to a person under subsection (5) above, that question may on his application be determined by F6a magistrates’ courtF6the appropriate court or tribunal, or he may require it to be referred to arbitration.

F87

This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).