The Building and Approved Inspectors (Amendment) Regulations 2009

Transitional provisions: work already commenced

5.—(1) Subject to paragraph (2), where before 1st October 2009 building work is commenced in accordance with—

(a) a building notice given to, or full plans deposited with, a local authority under regulation 12(2A)(1) (giving a building notice or deposit of plans) of the Building Regulations and a notice given to the local authority under regulation 15(1)(2) (notice of commencement and completion of certain stages of work) of those Regulations;

(b) an initial notice or an amendment notice given in accordance with section 47(1)(3) (giving and acceptance of initial notice) or 51A(2)(4) (variation of work to which initial notice relates) of the Act; or

(c) a public body’s notice given in accordance with section 54 (giving, acceptance and effect of a public body’s notice) of the Act,

the Building Regulations and the Approved Inspectors Regulations shall continue to apply to that building work as if the amendments made by regulations 2 and 3 had not been made.

(2) Where before 1st October 2009 work is commenced in accordance with an initial notice, which is varied by an amendment notice given on or after that date, the Building Regulations and the Approved Inspectors Regulations shall continue to apply as if the amendments made by regulations 2 and 3 had not been made to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

(3) Where before 1st October 2009 building work is commenced to which regulation 12(5)(5) of the Building Regulations applies, those Regulations shall continue to apply to that building work as if the amendments made by regulation 2 had not been made.

(1)

Inserted by S.I. 2006/652.

(2)

Amended by S.I. 2002/440 and S.I. 2006/652.

(3)

Section 47(1) was amended by article 3(2) of (S.I. 1996/1905) and section 8(2) of the Sustainable and Secure Buildings Act 2004 (c.22).

(4)

Section 51A was inserted by article 2 of S.I. 1996/1905.

(5)

Substituted by S.I. 2004/3210.