Sustainable and Secure Buildings Act 2004

Prospective

8 Certification of work E+W

(1) In Schedule 1 to the Building Act 1984 (c. 55) (provision that may be included in building regulations), after paragraph 4 insert—

“4A (1) Building regulations may—

(a) provide for requiring that, in prescribed circumstances, a person of a prescribed class or description is to give to a local authority or an approved inspector a certificate to the effect that the requirements of building regulations as to matters of a prescribed description are satisfied;

(b) provide for requiring that such certificates be given within such periods or at such times and in such forms as may be prescribed;

(c) provide that a local authority or an approved inspector is not to exercise or perform a prescribed power or duty unless—

(i) such a certificate has been given to them or him; or

(ii) such a certificate has been given to them or him and the certificate has been accepted by them or him;

(d) make provision as to—

(i) the acceptance of such certificates by local authorities and approved inspectors; and

(ii) other steps to be taken by local authorities or approved inspectors in connection with such certificates.

(2) Building regulations may provide for such certificates to be treated as evidence (but not conclusive evidence) of the matters certified.”

(2) In section 47(1) of that Act (giving of initial notices) after “giving” insert “ and receiving ”.

(3) In section 52(2) of that Act (cancellation of initial notice for contravention of building regulations)—

(a) in paragraph (a) after “work” insert “ or intending to carry out the work ”;

(b) in paragraph (b) for the words from “that person” onwards substitute “ the prescribed steps are not taken by the person who, in accordance with building regulations, is required to take them ”.

(4) In subsection (1)(a) of section 57 of that Act (offences relating to false or misleading certificates), for sub-paragraph (i) substitute—

“(i) purports to comply with the requirements of this Part of this Act, section 16(9) above or building regulations falling within paragraph 4A(1)(a) or (b) of Schedule 1 to this Act, and”.