Building Restrictions (War-Time Contraventions) Act 1946

3 Supplementary provisions as to enforcement

(1) Where during the period of five years beginning with the end of the war period any person proposes to take steps for enforcing a building law or planning control in the case of works on land not complying with the law or control in question carried out during the war period, or a use of land not complying with the planning control in question begun during that period, then—

(a) unless an application under the last foregoing section in relation to the land has been made which has not been finally determined, he shall serve on every owner and occupier of the land not less than twenty-eight days notice of the proposal, and if within the said period of twenty-eight days any person makes an application under the last foregoing section in relation to the land and within seven days of the making thereof serves on the person proposing to take steps as aforesaid notice that the application has been made, no steps for enforcing the law or control shall be taken until the final determination of the application;

(b) if such an application has been made which has not been finally determined, no such steps shall be taken until the final determination thereof:

Provided that no notice shall be required under paragraph (a) of this subsection if steps for enforcing a building law or planning control in the case of any works on land are begun within twenty-eight days of the final determination of an application under the last foregoing section in relation to the land.

(2) In calculating any period of time limiting the taking of steps for enforcing a building law, any period during which the taking of such steps is delayed by the operation of the last foregoing subsection shall be disregarded.

(3) Where a determination under subsection (3) of section two of this Act that works or a use of land shall be deemed to comply with a building law has been given subject to any condition as to time or otherwise, and the determination ceases to have effect by reason of the time expiring or the condition not being, or ceasing to be, complied with, any period of time limited for enforcing the law—

(a) where apart from this and the next following subsection it would run from the date on which the works were carried out or the use was begun, shall run from the date on which the determination ceased to have effect ;

(b) where apart from this and the next following subsection it would run from the discovery that the works had been carried out or the use had been begun, shall run from the discovery that the determination has ceased to have effect.

(4) Subject to the provisions of subsection (1) of section one of this Act and of the two last foregoing subsections, the time within which a notice of irregularity may be served under subsection (2) of section eighty-nine of the [2 & 3 Geo. 6. c. xcvii.] London Building Acts (Amendment) Act, 1939, in respect of works carried out during the war period shall be the expiration of twelve months from the end of that period or the time limited by the said subsection (2), whichever is the later.

(5) No proceedings for the recovery of a fine or other penalty shall be brought against any person for having carried out during the war period works on land which do not comply with a building law :

Provided that this subsection shall not affect proceedings for the recovery of expenses incurred in taking steps for enforcing a building law.

(6) Where works on land carried out during the war period do not comply with a building law, steps for enforcing the law may, notwithstanding anything in any enactment, be taken without previous conviction of any person of a contravention of the law.

(7) For the purposes of this section, an application shall be treated as having been finally determined notwithstanding that under the proviso to subsection (9) of the last foregoing section a subsequent application may be made under subsection (1) thereof.