This regulation does not apply to a person until the date they are included on the prohibitions list and will apply only to persons who are included on the prohibitions list.

For the purposes of this Part “an applicable person” is a person who falls within paragraph (1) and is included on the prohibitions list.

An applicable person is prohibited from carrying out major development of land in England.

An applicable person is prohibited from carrying out major development of land in England through any agent or contractor or any other person acting for or on their behalf.

In this regulation, “major development” has the meaning given by article 2 of the Town and Country Planning (Development Management Procedure) (England) Order 20157.

This regulation is subject to regulation 31.

An applicable person must notify the relevant local planning authority when they cease to be an applicable person.

In this regulation—

• “relevant local planning authority” means the local planning authority for the area in which the major development is to be carried out;

• “subsequent application” has the same meaning as in regulation 32.

In this regulation—

• “critical national infrastructure” means those elements of infrastructure, the loss or compromise of which or inadequate provision of which may result in—

  1. i

     a major detrimental impact on the availability, integrity or delivery of essential services, including services whose integrity, if compromised, could result in significant loss of life or casualties, taking into account significant economic or social impacts;

  2. ii

     a significant impact on national security, national defence, or the functioning of the state,

  and includes development which is necessary to facilitate the safe or effective construction or operation of the critical national infrastructure concerned;

• “elements of infrastructure” means the assets, facilities, systems or networks that operate or facilitate the operation of the infrastructure.

The prohibition in regulation 29 does not apply to development for which planning permission has been granted before the date on which these Regulations come into force, unless a subsequent application is required for all or part of the development, and that application has not been determined before that date.

An applicable person is subject to each of the building control prohibitions in section 129(4) of the Act.

This regulation is subject to regulations 34, F2334A, 35, 36, 37 and 38.

An applicable person may not give any document listed in paragraph (4) and accordingly those documents are prescribed for the purposes of section 129(4)(g) of the Act.

No person may give any document listed in paragraph (6) to an applicable person or to any other person in respect of works carried out or to be carried out by an applicable person and accordingly those documents are prescribed for the purposes of section 129(4)(h) of the Act.

No person may accept any document listed in paragraph (8) where it is given by an applicable person and accordingly those documents are prescribed for the purposes of section 129(4)(i) of the Act.

An applicable person may not take any action prohibited by this regulation through any agent or contractor or any other person acting for or on their behalf.

Where an applicable person proposes to carry out building work which consists of emergency repair work then, subject to paragraph (2), the provision by them of a building notice pursuant to regulation 12(8) of the Building Regulations 2010 is not to be treated as a breach of a building control prohibition.

In this regulation “relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010.

Where paragraph (1) applies, the regulator is not prohibited from giving the applicable person a certificate under regulation 47 (regularisation of unauthorised building work) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.

In this regulation—

• “emergency repairs” has the meaning given in regulation 10(2) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023;

• “the regulator” has the meaning in section 126 of the Building Act 1984;

• “work to existing HRB” has the meaning given in regulation 2 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.

Where plans are deposited pursuant to paragraph (1) the local authority is not prohibited from giving the applicable person a notice of passing or rejection in relation to those plans under section 16(6) of the Building Act 1984.

Where an application for building control approval has been given pursuant to paragraph (1), a building control authority is not prohibited from granting a building control approval to the applicable person.

Where an initial notice is given pursuant to paragraph (1) the local authority is not prohibited from giving the applicable person a notice accepting or rejecting that initial notice under section 47 of the Building Act 1984.

Where paragraph (4) applies the F7relevant authority is not prohibited from giving the person a certificate under regulation 18 of the Building Regulations 2010 in relation to the work.

Where paragraph (4) applies, the regulator is not prohibited from giving the applicable person a certificate under regulation 47 (regularisation of unauthorised building work) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.

Where paragraph (4) applies the local authority is not prohibited from giving the person a notice accepting or rejecting that final certificate under section 51 of the Building Act 1984.

In this regulation—

• “application date” means the date on which the document referred to in paragraph (1) is deposited or given by the applicable person;

• F24“building control authority” has the meaning given in regulation 2 of the Building Regulations 2010;

• “dwelling” has the meaning in regulation 2 of the Building Regulations 2010;

• “material change of use” has the meaning in regulation 5 of the Building Regulations 2010;

• “occupied”, in relation to a building, means at least one dwelling contained in the building is occupied by an arm’s length third party on the application date;

• F24“relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010;

• “relevant building work” means any building work except work done to give effect to a material change of use of the building or part of the building.

The Secretary of State may, by notice in writing, require the applicant to provide by a time specified in the notice any further information which the Secretary of State requires to make a determination under this regulation.

If a person required to provide information under paragraph (4) does not provide the specified information within the period specified in the notice, their application under this regulation is to be treated as having been refused.

An application under this regulation must be made before any document referred to in paragraph (1) is sought, given, issued or accepted, and any such document sought or purported to be given, issued or accepted (as the case may be) before the Secretary of State has granted an exception under this regulation is not to be treated as validly given, issued or accepted.

In this regulation “relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010.

A relevant purchaser is not prohibited from giving an application for a certificate under regulation 18 (unauthorised building work) of the Building Regulations 2010 and a F17relevant authority is not prohibited from granting such a certificate.

Where the building is a higher-risk building, a relevant purchaser is not prohibited from giving the regulator an application for a certificate under regulation 47 (regularisation of unauthorised building work) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and the regulator is not prohibited from granting such a certificate.

In this regulation “relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010.

For the purposes of paragraph (1), regulation 18 of the Building Regulations 2010 is to have effect in relation to an application for a certificate under that regulation by a relevant purchaser as if any work carried out by an applicable person which was not unauthorised building work (within the meaning set out in that regulation) were treated as if it were unauthorised building work.

For the purposes of paragraph (1A), regulation 47 (regularisation of unauthorised building work) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 is to have effect in relation to an application under that regulation by a relevant purchaser as if any work carried out by an applicable person which was not unauthorised building work (within the meaning set out in that regulation) were treated as if it were unauthorised building work.

In this regulation—

• “critical national infrastructure” means those elements of infrastructure, the loss or compromise of or inadequate provision of which may result in—

  1. a

     major detrimental impact on the availability, integrity or delivery of essential services, including services whose integrity, if compromised, could result in significant loss of life or casualties, taking into account significant economic or social impacts;

  2. b

     a significant impact on national security, national defence, or the functioning of the state,

  and includes building works which are necessary to facilitate the safe or effective construction or operation of the critical national infrastructure concerned;

• “elements of infrastructure” means the assets, facilities, systems or networks that operate and facilitate the infrastructure.

The prohibitions imposed by regulation 33 do not affect the validity of any document given by or to the applicable person, where that document is given by or to them on a date before that person was an applicable person.

The prohibitions imposed by regulation 33 do not affect the validity of the acceptance of any document which is given by the applicable person, where that acceptance is given on a date before that person was an applicable person.

In respect of persons referred to in regulation 28(1)(c) only, a person who receives a notice under regulation 20(3) may make an application in writing to the Secretary of State in accordance with this regulation requesting that the planning and building control prohibitions not be applied to them on the ground they are not a person in the building industry.

Subject to paragraphs (3) to (8), an exception under paragraph (1) must be granted where the Secretary of State is satisfied that the person applying for the exception is not a person in the building industry.

Where the Secretary of State grants an exception under this regulation, it may be revoked at any time and the person to whom it was granted included on the prohibitions list, if the Secretary of State considers that the person has commenced carrying on activities in the building industry.

The Secretary of State may refuse the application if the statement in paragraph (4)(b) is not provided.

The Secretary of State may, by notice in writing, require the applicant to provide by a time specified in the notice any further information which the Secretary of State requires to make a determination under this regulation.

If a person requested to produce information under paragraph (6) does not, within the period specified in the notice, produce the specified information, their application under paragraph (1) is to be treated as having been refused.

The Secretary of State may not grant an exception under this regulation unless satisfied that granting the exception is not contrary to or likely to frustrate the purposes of the scheme provided for in regulation 5.