Part IIE+W Supervision of Building Work etc. otherwise than by [F1building control authorities]

Textual Amendments

F1Words in Pt. 2 heading substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 39; S.I. 2023/993, reg. 2(n)(xii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

Supervision of plans and work by [F2registered building control approvers] E+W

Textual Amendments

F2Words in s. 47 cross-heading substituted (6.4.2024 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 4 para. 3; S.I. 2024/104, reg. 2(b) (with reg. 3); S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)

48 Effect of initial notice.E+W

(1)So long as an initial notice continues in force, the function of enforcing building regulations that is conferred on a local authority by section 91(2) below is not exercisable in relation to the work [F3to which the notice relates], and accordingly—

(a)a local authority may not give a notice under section [F435B, 35C or] 36(1) above in relation to [F5that work], and

(b)a local authority may not institute proceedings under section 35 above for a contravention F6... that arises out of the carrying out of [F5that work].

(2)For the purposes of the enactments specified in subsection (3) below—

(a)the giving of an initial notice accompanied by such plans as are referred to in section 47(1)(b) above shall be treated as the [F7deposit of plans] [F7making of an application for building control approval],

(b)the plans accompanying an initial notice shall be treated as the [F8deposited plans] [F8plans accompanying the application for building control approval],

(c)the acceptance or rejection of an initial notice shall be treated as the [F9passing or, as the case may be, the rejection of plans] [F9approval or rejection of the application], and

(d)[F10the cancellation of an initial notice under section 52(5) below shall be treated as a declaration under section 32 above that the deposit of plans is of no effect.]

[F10where an initial notice ceases to be in force under section 53A, the application for building control approval (treated by virtue of paragraph (a) as made) is to be treated as if it was not made (and the approval was not given).]

(3)The enactments referred to in subsection (2) above are—

(a)section 36(2) above,

(b)section 36(5) above, in so far as it relates to a notice under section 36(2) above and to non-compliance with any such requirement as is referred to in that subsection,

(c)section 36(6) above, in so far as it relates to a contravention of this Act,

(d)section 18(2) above, and

(e)sections 219 to 225 of the M1Highways Act 1980 (the advance payments code).

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Words in s. 48(1) substituted (14.10.1996) by S.I. 1996/1905, art. 3(3)(a)

F4Words in s. 48(1)(a) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 41(2)(a); S.I. 2023/993, reg. 2(n)(xiv); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F5Words in s. 48(1)(a)(b) substituted (14.10.1996) by S.I. 1996/1905, art. 3(3)(b)

F6Words in s. 48(1)(b) omitted (1.10.2023 except in relation to W., 6.4.2024 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 41(2)(b); S.I. 2023/993, reg. 2(n)(xiv); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

Modifications etc. (not altering text)

C1S. 48(2) amended by Midland Metro Act 1989 (c. xv), s. 45(10); s. 48(2) extended (27.7.1993) by 1993 c. xv, s. 55(10); s. 48(2) applied (with modifications) (21.7.1994) by 1994 c. xv, s. 58(10)

Marginal Citations