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Building Act 1984

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Legislation Crest

Building Act 1984

1984 CHAPTER 55

An Act to consolidate certain enactments concerning building and buildings and related matters.

[31st October 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C4Act: powers transferred (1.7.1999) except in relation to specified provisions by S.I. 1999/672, art. 2, Sch. 1

C8Act: functions transferred (1.4.2018) by Wales Act 2017 (c. 4), ss. 54(1)(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)

Part IE+W Building Regulations

Modifications etc. (not altering text)

C12Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)

C13Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7PPt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))

C14Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8

Power to make building regulationsE+W

1 Power to make building regulations.E+W

(1)The [F1appropriate national authority] may, for any of the purposes of—

(a)securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings,

[F2(b)furthering the conservation of fuel and power,

(c)preventing waste, undue consumption, misuse or contamination of water,

(d)furthering the protection or enhancement of the environment,

(e)facilitating sustainable development, or

(f)furthering the prevention or detection of crime,]

make regulations with respect to the [F3matters mentioned in subsection (1A) below].

[F4(1A)Those matters are—

(a)the design and construction of buildings;

(b)the demolition of buildings;

(c)services, fittings and equipment provided in or in connection with buildings.]

(2)Regulations made under subsection (1) above are known as building regulations.

(3)Schedule 1 to this Act has effect with respect to the matters as to which building regulations may provide.

(4)The power to make building regulations is exercisable by statutory instrument, which is [F5—

(a)in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;

(b)in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.]

Textual Amendments

F2 S. 1(1)(b)-(f) substituted for (1)(b)(c) (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22) , ss. 1(1) , 11(4)

F3 Words in s. 1(1) substituted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22) , ss. 1(2) , 11(4)

[F61ABuildings of special historical or architectural interestE+W

(1)In making building regulations the [F7appropriate national authority] shall have regard, in particular, to the desirability of preserving the character of protected buildings that are of special historical or architectural interest.

(2) In this section “ protected buildings ” means—

(a)listed buildings within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990 (see section 1(5) of that Act); and

(b)buildings situated in areas designated as conservation areas under section 69 of that Act.]

Textual Amendments

2 Continuing requirements.E+W

(1)Building regulations may impose on owners and occupiers of buildings to which building regulations are applicable such continuing requirements as the [F8appropriate national authority] considers appropriate for securing, with respect to any provision of building regulations designated in the regulations as a provision to which those requirements relate, that the purposes of that provision are not frustrated; but a continuing requirement imposed by virtue of this subsection does not apply in relation to a building unless a provision of building regulations so designated as one to which the requirement relates applies to that building.

(2)Building regulations may impose on owners and occupiers of buildings of a prescribed class (whenever erected, and whether or not any building regulations were applicable to them at the time of their erection) continuing requirements with respect to all or any of the following matters—

(a)the conditions subject to which any services, fittings or equipment provided in or in connection with a building of that class may be used,

(b)the inspection and maintenance of any services, fittings or equipment so provided,

(c)the making of reports to a prescribed authority on the condition of any services, fittings or equipment so provided,

and so much of paragraph 8 of Schedule 1 to this Act as restricts the application of building regulations does not apply to regulations made by virtue of this subsection.

(3)If a person contravenes a continuing requirement imposed by virtue of this section, the [F9local authority] [F9building control authority], without prejudice to their right to take proceedings for a fine in respect of the contravention, may—

(a)execute any work or take any other action required to remedy the contravention, and

(b)recover from that person the expenses reasonably incurred by them in so doing.

(4)Where a [F10local authority] [F10building control authority] have power under subsection (3) above to execute any work or take any other action, they may, instead of exercising that power, by notice require the owner or the occupier of the building to which the contravention referred to in that subsection relates to execute that work or take that action.

(5)Sections 99 and 102 below apply in relation to a notice given under subsection (4) above, subject to the modification that references in those sections to the execution of works are references to the execution of works or the taking of other action, and references to works shall be construed accordingly.

(6)Sections 8, 9, 10 and 39 below have effect in relation to continuing requirements imposed by virtue of this section subject to the modification that a direction under the said sections 8 and 9 below shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction.

Textual Amendments

F9Words in s. 2(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 4(3); S.I. 2023/993, reg. 2(n)(i)

F10Words in s. 2(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 4(3); S.I. 2023/993, reg. 2(n)(i)

[F112AContinuing requirements in relation to fuel, power and emissionsE+W

(1)Building regulations may impose, on owners and occupiers of buildings, continuing requirements that fall within subsection (2) below.

(2)A continuing requirement falls within this subsection if—

(a)it requires the inspection and testing of a building—

(i)as respects the use of fuel and power in or in connection with the building; or

(ii)as respects its contribution to or effect on emissions (whether or not from the building) of smoke, gases, vapours or fumes;

(b)it requires the inspection and testing of any service, fitting or equipment provided in or in connection with a building—

(i)as respects the use of fuel and power in or in connection with the service, fitting or equipment; or

(ii)as respects its contribution to or effect on emissions (whether or not from it or the building) of smoke, gases, vapours or fumes;

(c)it requires the implementation, in relation to a building, or any service, fitting or equipment provided in or in connection with a building, of—

(i)measures for the purpose mentioned in section 1(1)(b) above; or

(ii)measures (otherwise than for that purpose) that are calculated to secure, or to contribute to, the prevention or reduction of emissions (whether or not from the building in question or a thing provided in or in connection with it) of smoke, gases, vapours or fumes;

(d)it requires the keeping of records in relation to matters within paragraph (a), (b) or (c); or

(e)it requires the making of reports in relation to any of those matters to a prescribed authority.

(3)Those requirements may be imposed in the case of buildings, or in the case of services, fittings and equipment provided in or in connection with buildings, irrespective of both—

(a)when the buildings were erected; and

(b)whether building regulations were applicable to them at the time of their erection.

(4)Subsections (3) to (6) of section 2 above apply in relation to continuing requirements imposed by virtue of this section as they apply in relation to continuing requirements imposed by virtue of that section.

(5)Paragraph 8(2) of Schedule 1 to this Act does not impose any restriction on the building regulations that may be made by virtue of this section.]

Textual Amendments

[F122BOptional requirementsE+W

(1)Building regulations made by the Secretary of State in relation to England may include a requirement that applies only where a planning authority makes compliance with the requirement a condition of a grant of planning permission.

(2)In the following provisions of this section, a requirement included in building regulations by virtue of subsection (1) is referred to as an “optional requirement”.

(3)Building regulations may specify that an optional requirement is capable of applying only in respect of development of a kind described in the regulations.

(4)Building regulations may specify conditions that must be satisfied before a planning authority may make compliance with an optional requirement a condition of the grant of planning permission.

(5)Building regulations may specify the steps that a planning authority must take to inform a person subject to an optional requirement of the requirement.

(6)Where building regulations include an optional requirement that would (to any extent) be inconsistent with another requirement imposed by the regulations, the building regulations must provide—

(a)that the other requirement does not apply in any case where the optional requirement applies, or

(b)that the other requirement applies in any such case with modifications specified in the regulations.

(7)In this section —

  • “development” has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act);

  • “planning authority” means—

    (a)

    a local planning authority within the meaning of that Act (see section 336(1));

    (b)

    the Secretary of State (in the exercise of functions of granting planning permission);

  • “planning permission” has the same meaning as in that Act (see section 336(1)).]

Textual Amendments

F12S. 2B inserted (26.3.2015) by Deregulation Act 2015 (c. 20), ss. 42, 115(1)(b)

[F13Duty to review minimum energy performance requirementsE+W

Textual Amendments

F13 S. 2C and cross-heading inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 165, 216(1)(e)

2CReview of minimum energy performance requirementsE+W

The Secretary of State must carry out a review of any minimum energy performance requirements approved by the Secretary of State under building regulations in relation to dwellings in England.]

Exemption from building regulationsE+W

3 Exemption of particular classes of buildings etc.E+W

(1)Building regulations may exempt a prescribed class of buildings, services, fittings or equipment from all or any of the provisions of building regulations.

(2)The [F14appropriate national authority] may by direction exempt from all or any of the provisions of building regulations—

(a)a particular building, or

(b)buildings of a particular class at a particular location,

either unconditionally or subject to compliance with any conditions specified in the direction.

[F15(2A)The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under subsection (2).

(2B)Before making a proposal, the regulator must consult such persons as it considers appropriate.

(2C)Before giving a direction under subsection (2), other than a direction proposed by the regulator, the Secretary of State must consult—

(a)the regulator, and

(b)any other person that the Secretary of State considers appropriate.]

(3)A person who contravenes a condition specified in a direction given under subsection (2) above, or permits such a condition to be contravened, is liable on summary conviction to a fine [F16not exceeding level 5 on the standard scale], and to a further fine not exceeding [F17£50] [F17level 1 on the standard scale] for each day on which the offence continues after he is convicted.

Textual Amendments

F16Words in s. 3(3) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 5(4)(a); S.I. 2023/993, reg. 2(n)(ii)

F17Words in s. 3(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 5(4)(b); S.I. 2023/993, reg. 2(n)(ii)

4Exemption of educational buildings and buildings of statutory undertakers.E+W

(1)Nothing in this Part of this Act with respect to building regulations, and nothing in any building regulations, applies in relation to—

(a)a building required for the purposes of a school or other educational establishment erected or to be erected according to

[F18(i)plans that have been approved by the [F19appropriate national authority],

[F20(ii)particulars submitted and approved under regulations made under section 544 of the Education Act 1996,]

F21(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)a building belonging to statutory undertakers, the United Kingdom Atomic Energy Authority . . . F23 or the Civil Aviation Authority and held or used by them for the purposes of their undertaking, unless it is—

(i)a house, . . . F24 or

(ii)a building used as offices or showrooms, and not forming part of a railway station F25... F26...

[F27or

(c)

a building belonging to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) and held or used by the person for the purpose of carrying out activities authorised by the licence, unless it is—

(i)

a house, or

(ii)

a building used as offices or showrooms.]

(2)The words “the United Kingdom Atomic Energy Authority,” in subsection (1)(b) above (together with paragraph 4 of Schedule 6 to this Act) cease to have effect upon the coming into force of the repeal of section 5(5) of the M1Atomic Energy Authority Act 1954 contained in Schedule 7 to this Act.

Textual Amendments

F18S.4(1)(a)(i)-(iv) substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. 1 para. 59 (with s. 1(4), Sch. 39 paras. 30, 39)

F20S. 4(1)(a)(ii) substituted (6.11.2006 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 6 (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F21S. 4(1)(a)(iii) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with art. 17)

F22S. 4(1)(a)(iv) repealed (1.4.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

F25Words in s. 4(1)(b)(ii) omitted (10.11.2011) by virtue of The Airport Charges Regulations 2011 (S.I. 2011/2491), reg. 1(1), Sch. 2 para. 3(2)

F27S. 4(1)(c) and word “or” immediately preceding it inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 7(a)

Modifications etc. (not altering text)

C19S. 4(1) excluded (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), regs. 1, 34(1) (with reg. 9)

C20S. 4(1) excluded by SI 2010/2214, reg. 34(1)(a) (as substituted (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 22, Sch. 1 (with regs. 1(3)(4), 45-47))

C21S. 4(1)(b) applied with modifications by Airports Act 1986 (c. 31, SIF 9), s. 58, Sch. 2 para. 6(a)

Marginal Citations

5 Exemption of public bodies from procedural requirements of building regulations.E+W

(1)Building regulations may exempt—

(a)a local authority,

(b)a county council, or

(c)any other body that acts under an enactment for public purposes and not for its own profit and is prescribed for the purposes of this section,

from compliance with any requirements of those regulations that are not substantive requirements.

(2)A local authority, county council or other body that is exempted as mentioned in subsection (1) above is in subsection (3) below referred to as an “exempt body”.

(3)Without prejudice to the obligation of an exempt body to comply with substantive requirements of building regulations, the function of enforcing building regulations that is conferred on local authorities by section 91(2) below is not exercisable in relation to work carried out by an exempt body, and accordingly—

(a)nothing in section 36(1) to (5) below applies in relation to work so carried out, and

(b)a local authority may not institute proceedings under section 35 below for a contravention [F28of building regulations] by an exempt body.

(4)[F29In subsection (3) above, the reference to the carrying out of work includes a reference to the making of a material change of use as defined by and for the purposes of building regulations.]

Textual Amendments

F28Words in s. 5(3)(b) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 7; S.I. 2023/993, reg. 2(n)(iii)

F29S. 5(4) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 8; S.I. 2023/993, reg. 2(n)(iii)

Approved documentsE+W

6 Approval of documents for purposes of building regulations.E+W

(1)For the purpose of providing practical guidance with respect to the requirements of any provision of building regulations, the [F30appropriate national authority] or a body designated by [F31the appropriate national authority] for the purposes of this section may—

(a)approve and issue any document (whether or not prepared by [F31the appropriate national authority] or by the body concerned), or

(b)approve any document issued or proposed to be issued otherwise than by [F31the appropriate national authority] or by the body concerned,

if in the opinion of the [F30appropriate national authority] or, as the case may be, the body concerned the document is suitable for that purpose.

(2)References in this section and section 7 below to a document include references to a part of a document; and accordingly, in relation to a document of which part only is approved, a reference in the following provisions of this section or in section 7 below to the approved document is a reference only to the part of it that is approved.

(3)An approval given under subsection (1) above takes effect in accordance with a notice that is issued by the [F30appropriate national authority] or, as the case may be, the body giving the approval and that—

(a)identifies the approved document in question,

(b)states the date on which the approval of it is to take effect, and

(c)specifies the provisions of building regulations for the purposes of which the document is approved.

(4)The [F30appropriate national authority] or, as the case may be, the body that gave the approval may—

(a)from time to time approve and issue a revision of the whole or any part of an approved document issued by F32... it for the purposes of this section, and

(b)approve any revision or proposed revision of the whole or any part of an approved document,

and subsection (3) above, with the necessary modifications, applies in relation to an approval that is given under this subsection to a revision as it applies in relation to an approval that is given under subsection (1) above to a document.

(5)The [F30appropriate national authority] or, as the case may be, the body that gave the approval may withdraw F33... its approval of a document under this section; and such a withdrawal of approval takes effect in accordance with a notice that is issued by the [F30appropriate national authority] or body concerned and that—

(a)identifies the approved document in question, and

(b)states the date on which the approval of it is to cease to have effect.

[F34(5A)A notice under subsection (3) or (5) may contain transitional or saving provision (and different provision may be made for different purposes or for different areas).

(5B)A body may give an approval under subsection (1) or (4), or withdraw an approval under subsection (5), only with the consent of the appropriate national authority.]

(6)References in subsections (4) and (5) above and in section 7 below to an approved document are references to that document as it has effect for the time being, regard being had to any revision of the whole or any part of it that has been approved under subsection (4) above.

(7)Where a body ceases to be a body designated by the [F30appropriate national authority] for the purposes of this section, subsections (4) and (5) above have effect as if any approval given by that body had been given by the Secretary of State.

(8)The power to designate a body for the purposes of this section is exercisable by order made by statutory instrument, which is [F35—

(a)in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;

(b)in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.]

[F36(9)An order under subsection (8) may provide that a body is designated only in relation to—

(a)buildings of a specified description;

(b)work of a specified description;

(c)specified provisions of building regulations.]

Textual Amendments

7 Compliance or non-compliance with approved documents.E+W

(1)A failure on the part of a person to comply with an approved document does not of itself render him liable to any civil or criminal proceedings; but if, in any proceedings whether civil or criminal, it is alleged that a person has at any time contravened a provision of building regulations—

(a)a failure to comply with a [F37relevant approved document] may be relied upon as tending to establish liability, and

(b)proof of compliance with such a document may be relied on as tending to negative liability.

[F38(1A)In subsection (1) “relevant approved document” means a document approved for the purposes of the provision that applies in relation to the work in question.]

(2)In any proceedings, whether civil or criminal—

(a)a document purporting to be a notice issued as mentioned in section 6(3) above shall be taken to be such a notice unless the contrary is proved, and

(b)a document that appears to the court [F39or tribunal] to be the approved document to which such a notice refers shall be taken to be that approved document unless the contrary is proved.

Textual Amendments

F39Words in s. 7(2)(b) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 10; S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

Relaxation of building regulationsE+W

8 Relaxation of building regulations.E+W

(1)Subject to this section, the [F40appropriate national authority], if on an application for a direction under this section [F41it] considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, may after consultation with the local authority, give a direction dispensing with or relaxing that requirement.

(2)If building regulations so provide as regards a requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) above is exercisable by the local authority (instead of by the [F40appropriate national authority] after consultation with the local authority).

(3)Building regulations made by virtue of subsection (2) above may except applications of any description.

[F42(3A)If, in a case where the regulator is the building control authority—

(a)an application for a direction under this section is made to the regulator, and

(b)the regulator considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case,

it may give a direction dispensing with or relaxing the requirement.

(3B)No application under subsection (1) or (2) may be made in a case where the regulator is the building control authority.]

(4)If—

(a)building regulations so provide as regards any requirement contained in the regulations, and

(b)a public body considers that the operation of any such requirement would be unreasonable in relation to any particular work carried out or proposed to be carried out by or on behalf of the public body,

the public body may give a direction dispensing with or relaxing that requirement.

(5)In subsection (4) above, “public body” means—

(a)a local authority.

(b)a county council, or

(c)any other body that is prescribed for the purposes of section 5 above.

(6)Building regulations may provide as regards a requirement contained in the regulations that subsections (1) to (5) above do not apply.

Textual Amendments

Modifications etc. (not altering text)

C22S. 8(1) modified (1.6.1992) by S.I. 1991/2768, reg. 10(1)

S. 8(1) modified (1.1.2001) by S.I. 2000/2531, reg. 11(1)

C23S. 8(1)-(5) excluded by S.I. 2000/2531, reg. 11(3) (as added (6.4.2006) by Building and Approved Inspectors (Amendment) Regulations 2006 (S.I. 2006/652), regs. 1(2), 9(2))

C24S. 8(1)-(5) excluded (1.10.2010) by S.I. 2010/2214, regs. 1, 11(3) (with reg. 9) (as substituted (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 4 (with reg. 1(2)(3))) (as amended (3.6.2013) by The Building (Amendment) Regulations 2013 (S.I. 2013/1105), regs. 1(2), 3(2) (with reg. 1(4)))

9 Application for relaxation.E+W

(1)An application under section 8(1) [F43or (2) above] [F43, (2) or (3A)] shall be in such form and shall contain such particulars as may be prescribed.

(2)[F44The application] [F44An application under section 8(1) or (2)] shall be made to the local authority, and, except where the power of giving the direction is exercisable by the local authority, the local authority shall at once transmit the application to the [F45appropriate national authority] and give notice to the applicant that it has been so transmitted.

(3)An application by a local authority in connection with a building or proposed building in the area of that authority shall be made to the [F45appropriate national authority], except where the power of giving the direction is exercisable by that authority [F46or in a case where the regulator is the building control authority.].

(4)Schedule 2 to this Act has effect as regards as application for a direction that will affect the application of building regulations to work that has been carried out before the making of the application.

Textual Amendments

F43Words in s. 9(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 12(3); S.I. 2023/993, reg. 2(n)(v)

F44Words in s. 9(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 12(4); S.I. 2023/993, reg. 2(n)(v)

F46Words in s. 9(3) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 12(5); S.I. 2023/993, reg. 2(n)(v)

10 Advertisement of proposal for relaxation of building regulations.E+W

(1)Not less than 21 days before giving a direction under section 8(1), (2) [F47, (3A)] or (4) above in respect of any particular work, the [F48appropriate national authority], the [F49local authority] [F49building control authority] or the public body, as the case may be shall publish in a local newspaper circulating in the area where the site of the work is situated a notice—

(a)indicating the situation and nature of the work and the requirement to be dispensed with or relaxed, and

(b)stating that representations with regard to the effect that the direction may have on public health or safety may be made by a date specified in the notice, being a date not less than 21 days from the date of the notice.

and, where the direction is proposed to be made on an application, the [F48appropriate national authority] or the [F49local authority] [F49building control authority] may, as a condition of entertaining the application, require the applicant to pay or undertake to pay the cost of publication.

(2)No notice need be published under the subsection (1) above where in appears to the [F50appropriate national authority], the [F51local authority] [F51building control authority] or the public body, as the case may be, that any effect that the direction may have on public health or safety will be limited to premises adjoining the site of the work, but in that case F52... it shall give such a notice to the owner and occupier of those premises.

(3)No notice need be published or given under subsection (1) or (2) above where the work affects only an internal part of a building.

(4)The [F53appropriate national authority] may, instead of F54... publishing or giving a notice under subsection (1) or (2) above, require the local authority to give or publish the notice.

(5)Before giving the direction, the [F55appropriate national authority], the [F56local authority] [F56building control authority] or the public body shall consider any representation duly made in pursuance of a notice published or given under subsection (1) or (2) above.

(6)If, after a local authority have received representations under this section, they refuse the application to which the representations relate and an appeal is brought against their refusal the local authority shall transmit [F57to the Secretary of State copies of those representations.] [F57copies of the representations to—

(a)the regulator, in the case of a local authority for an area in England;

(b)the Welsh Ministers, in the case of a local authority for an area in Wales.]

Textual Amendments

F49Words in s. 10(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 13(3); S.I. 2023/993, reg. 2(n)(vi)

F51Words in s. 10(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 13(3); S.I. 2023/993, reg. 2(n)(vi)

F56Words in s. 10(5) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 13(3); S.I. 2023/993, reg. 2(n)(vi)

F57Words in s. 10(6) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 2; S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

11 Type relaxation of building regulations.E+W

(1)If the [F58appropriate national authority] considers that the operation of a requirement of building regulations would be unreasonable in relation to a particular type of building matter, [F59the authority may, either on an application made by any person (the “original applicant”) or of its] own accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either—

(a)unconditionally, or

(b)subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation.

(2)A direction under subsection (1) above—

(a)if it so provides, ceases to have effect at the end of such period as may be specified in the direction,

(b)may [F60, either on an application or of the appropriate national authority’s own accord,] be varied or revoked by a subsequent direction of the [F61appropriate national authority].

(3)Building regulations may require a person making an application under subsection (1) [F62or (2)(b)] above to pay the [F63appropriate national authority] the prescribed fee, and—

(a)without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and

(b)the [F63appropriate national authority] may in a particular case remit the whole or part of a fee payable by virtue of this subsection.

[F64(3A)The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under this section.

(3B)Before making a proposal, the regulator must consult—

(a)such persons as it considers appropriate, and

(b)if the proposal is for a direction that would vary or revoke a direction given on an application under subsection (1), the original applicant.

(3C)Before giving a direction under this section, other than a direction proposed by the regulator, the Secretary of State must consult—

(a)the regulator,

(b)any other person the Secretary of State considers appropriate, and

(c)if the direction would vary or revoke a direction given on an application under subsection (1), the original applicant.]

(4)[F65Before giving a direction under subsection (1) above, the Secretary of State shall consult such bodies as appear to him to be representative of the interests concerned.]

[F65Before giving a direction under subsection (1) or (2)(b), the Welsh Ministers must consult such persons as they consider appropriate.]

(5)[F65Where the Secretary of State gives a direction under subsection (1) above, he shall publish notice of that fact in such manner as he thinks fit.]

[F65Where the appropriate national authority gives a direction under subsection (1) or (2)(b), it must publish notice of that fact in such way as it considers appropriate.]

(6)A person who contravenes a condition specified in a direction given under subsection (1) above, or permits such a condition to be contravened, is liable on summary conviction to a fine [F66not exceeding level 5 on the standard scale] and to a further fine not exceeding [F67£50] [F67level 1 on the standard scale] for each day on which the offence continues after he is convicted.

(7)If at any time a direction under subsection (1) above dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of subsection (2)(a) above, or is varied or revoked under subsection (2)(b) above, that fact does not affect the continued operation of the direction (with any conditions specified in it) in a case in which [F68before that time—

(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority F69...

F69(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F68an application for building control approval in relation to the proposed work was made before that time.]

(8)In this section, “building matter” means any building or other matter whatsoever to which building regulations are in any circumstances applicable.

Textual Amendments

F66Words in s. 11(6) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 14(7)(a); S.I. 2023/993, reg. 2(n)(vii)

F68Words in s. 11(7) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 14(8); S.I. 2023/993, reg. 2(n)(vii) (with reg. 3)

F69S. 11(7)(b) and word preceding it repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

Type approval of building matterE+W

12 Power of [F70appropriate national authority] to approve type of building matter.E+W

(1)This section has effect with a view to enabling the [F71appropriate national authority], either on an application made [F72by any person (the “original applicant”) or of its] own accord, to approve a particular type of building matter as complying, either generally or in a class of case, with particular requirements of building regulations.

(2)An application for the approval under subsection (1) above of a type of building matter shall comply with any requirements of building regulations as to the form of such applications and the particulars to be included in them.

(3)Where under subsection (1) above the [F73appropriate national authority] approves a type of building matter as complying with particular requirements of building regulations either generally or in a class of case, [F74it] may issue a certificate to that effect specifying—

(a)the type of building matter to which the certificate relates,

(b)the requirements of building regulations to which the certificate relates, and

(c)where applicable, the class or classes of case to which the certificate applies.

(4)A certificate under subsection (3) above, if it so provides, ceases to have effect at the end of such period as may be specified in the certificate.

(5)If, while a certificate under subsection (3) above is in force, it is found, in a particular case involving building matter of the type to which the certificate relates, that—

(a)the building matter in question is of that type, and

(b)the case is one to which the certificate applies,

that building matter shall in that particular case be deemed to comply with the requirements of building regulations to which the certificate relates.

(6)The [F75appropriate national authority] may vary a certificate under subsection (3) above, either on an application made to [F76it or of its own accord.]

(7)Building regulations may require a person making an application under subsection [F77(1) or (6) above] [F77(1), (6) or (8)] to pay the [F78appropriate national authority] the prescribed fee, and—

(a)without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and

(b)the [F78appropriate national authority] may in a particular case remit the whole or part of a fee payable by virtue of this subsection.

(8)The [F79appropriate national authority] may revoke a certificate issued under subsection (3) above, [F80but, before doing so in the case of a certificate issued on an application under subsection (1) above, he shall give the person on whose application the certificate was issued reasonable notice that he proposes to do so.] [F80either on an application or of the appropriate national authority’s own accord.]

[F81(8A)The regulator may at any time make a proposal to the Secretary of State for—

(a)the giving of an approval under subsection (1), or

(b)the varying or revocation of a certificate under subsection (6) or (8).

(8B)Before making a proposal, the regulator must consult—

(a)such persons as it considers appropriate, and

(b)if the proposal is to vary or revoke a certificate issued on an application under subsection (1), the original applicant.

(8C)Before giving an approval or varying or revoking a certificate under this section, unless acting on a proposal of the regulator, the Secretary of State must consult—

(a)the regulator,

(b)any other person the Secretary of State considers appropriate, and

(c)if varying or revoking a certificate issued on an application under subsection (1), the original applicant.

(8D)Before varying or revoking a certificate issued on an application under subsection (1), the Welsh Ministers must give the original applicant reasonable notice that they propose to do so (except in the case of a variation or revocation made on the application of that person).]

(9)Where the [F82appropriate national authority] issues a certificate under subsection (3) above or varies or revokes a certificate so issued, [F83it] shall publish notice of that fact in such manner as [F83it] thinks fit.

(10)If at any time a certificate under subsection (3) above ceases to have effect by virtue of subsection (4) above, or is varied or revoked under subsection (6) or (8) above, that fact does not affect the continued operation of subsection (5) above by virtue of that certificate in a case in which [F84before that time—

(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority, F85...

F85(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F84an application for building control approval in relation to the proposed work was made before that time.]

(11)For the purposes of subsection (3) above, or of any variation of a certificate under subsection (6) above, a class of case may be framed in any way that the [F86appropriate national authority] thinks fit.

(12)In this section, “building matter” has the same meaning as in section 11 above.

Textual Amendments

F77Words in s. 12(7) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(6); S.I. 2023/993, reg. 2(n)(viii)

F80Words in s. 12(8) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(7); S.I. 2023/993, reg. 2(n)(viii)

F84Words in s. 12(10) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(10); S.I. 2023/993, reg. 2(n)(viii) (with reg. 3)

F85S. 12(10)(b) and word repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

Commencement Information

I1S. 12 in force at 1.12.1984 for specified purposes, see s. 134(1)(a)

13 Delegation of power to approve.E+W

(1)The [F87appropriate national authority] may be building regulations delegate to a person or body, to such extent and subject to such conditions as the [F87appropriate national authority] may think fit, the powers of approval conferred F88... by section 12 above.

(2)So far as those powers are for the time being so delegated to a person or body, section 12 above, except subsection (7) as far as the end of paragraph (a), and any building regulations made by virtue of subsection (7) shall (subject to any prescribed conditions) have effect in relation to that person or body with the substitution of references to that person or body for references to the [F87appropriate national authority].

Textual Amendments

Commencement Information

I2S. 13 in force at 1.12.1984 for specified purposes, see s. 134(1)(a)

ConsultationE+W

14 Consultation with Building Regulations Advisory Committee and other bodies [F89: Wales] E+W

F90(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F90(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F91(5)The Welsh Ministers shall appoint a committee, to be known as the Building Regulations Advisory Committee for Wales, for the purpose of advising them on the exercise of their power to make building regulations, and on other subjects connected with building regulations.

(6)The Welsh Ministers may pay such expenses incurred by members of the Building Regulations Advisory Committee for Wales as the Welsh Ministers may determine.

(7)Before making any building regulations containing substantive requirements, the Welsh Ministers shall consult the Building Regulations Advisory Committee for Wales and [F92any other person that the Welsh Ministers consider appropriate.]

(8)Before making any building regulations containing provision of the kind authorised by paragraph 11(1)(c) of Schedule 1 to this Act, the Welsh Ministers shall consult—

(a)the Building Regulations Advisory Committee for Wales,

(b)such [F93persons] as appear to them to be representative of local authorities in Wales, and]

[F94(c)any other person that the Welsh Ministers consider appropriate.]

Textual Amendments

F92Words in s. 14(7) substituted (1.4.2023 except in relation to W., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 17(3); S.I. 2023/362, reg. 2(2)(a); S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 14 (with reg. 5)

15 Consultation with fire authority.E+W

(1)Where, in the case of a requirement as to—

(a)structural fire precautions,

(b)the provision of means of escape from buildings in case of fire, or

(c)the provision of means for securing that such means of escape can be safely and effectively used at all material times,

contained in building regulations, the power to dispense with or relax that requirement conferred by section 8(1) above is by virtue of section 8(2) above exercisable by a local authority, or a public body proposes to exercise the power conferred on it by section 8(4) above, the local authority or public body, if they are not the [F95fire and rescue authority], shall before exercising the power in relation to any premises or proposed premises consult the [F95fire and rescue authority].

(2)In subsection (1) above, “public body” has the meaning given by section 8(5) above.

[F96(3)As regards a requirement of a kind mentioned in subsection (1), the regulator must consult the fire and rescue authority before exercising the power under section 8(3A) in relation to any premises or proposed premises.]

Textual Amendments

F95Words in s. 15(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 57(2)(3)(a); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

[F97 Passing of plans][F97Building control approval]E+W

Textual Amendments

16 Passing or rejection of plans.E+W

[F98(1)Where plans of any proposed work are, in accordance with building regulations, deposited with a local authority, it is the duty of the local authority, subject to any other section of this Act that expressly requires or authorises them in certain cases to reject plans, to pass the plans unless—

(a)they are defective, or

(b)they show that the proposed work would contravene any of the building regulations.

(2)If the plans—

(a)are defective, or

(b)show that the proposed work would contravene any of the building regulations,

the local authority may—

(i)reject the plans, or

(ii)subject to subsection (4) below, pass them subject to either or both of the conditions set out in subsection (3) below.

(3)The conditions mentioned in subsection (2) above are—

(a)that such modifications as the local authority may specify shall be made in the deposited plans, and

(b)that such further plans as they may specify shall be deposited.

(4)A local authority may only pass plans subject to a condition such as is specified in subsection (3) above if the person by whom or on whose behalf they were deposited—

(a)has requested them to do so, or

(b)has consented to their doing so.

(5)A request or consent under subsection (4) above shall be in writing.

(6)The authority shall within the relevant period from the deposit of the plans give notice to the person by whom or on whose behalf they were deposited whether they have been passed or rejected.

(7)A notice that plans have been rejected shall specify the defects on account of which, or the regulation or section of this Act for non-conformity with which, or under the authority of which, they have been rejected.

(8)A notice that plans have been passed shall—

(a)specify any condition subject to which they have been passed, and

(b)state that the passing of the plans operates as an approval of them only for the purposes of the requirements of—

(i)the building regulations, and

(ii)any section of this Act (other than this section) that expressly requires or authorises the local authority in certain cases to reject plans.

(9)Where the deposited plans are accompanied by—

(a)a certificate given by a person approved for the purposes of this subsection to the effect that the proposed work, if carried out in accordance with the deposited plans, will comply with such provisions of the regulations prescribed for the purposes of this subsection as may be specified in the certificate, and

(b)such evidence as may be prescribed that an approved scheme applies, or the prescribed insurance cover has been or will be provided, in relation to the certificate,

the local authority may not, except in prescribed circumstances, reject the plans on the ground that—

(i)they are defective with respect to any provisions of the building regulations that are so specified, or

(ii)they show that the proposed work would contravene any of those provisions.

(10)In any case where a question arises under this section between a local authority and a person who proposes to carry out any work—

(a)whether plans of the proposed work are in conformity with building regulations, or

(b)whether the local authority are prohibited from rejecting plans of the proposed work by virtue of subsection (9) above,

that person may refer the question to the Secretary of State for his determination; and an application for a reference under this subsection shall be accompanied by such fee as may be prescribed.

(11)Where—

(a)deposited plans accompanied by such a certificate and such evidence as are mentioned in subsection (9) above are passed by the local authority, or

(b)notice of the rejection of deposited plans so accompanied is not given within the relevant period from the deposit of the plans,

the authority may not institute proceedings under section 35 below for a contravention of building regulations that—

(i)arises out of the carrying out of the proposed work in accordance with the plans, and

(ii)is a contravention of any of the provisions of the regulations specified in the certificate.

(12)For the purposes of this Part of this Act, “the relevant period”, in relation to the passing or rejection of plans, means five weeks or such extended period (expiring not later than two months from the deposit of the plans) as may before the expiration of the five weeks be agreed in writing between the person depositing the plans and the local authority.

F99(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F98S. 16 omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 20; S.I. 2023/993, reg. 2(n)(ix) (with regs. 3, 6)

F99S. 16(13) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Group 1.

Modifications etc. (not altering text)

C25S. 16 excluded (21.7.1994) by 1994 c.xv, s. 58(9)

C26S. 16 excluded (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), regs. 1, 13(4) (with reg. 9)

C27S. 16 excluded (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), regs. 1, 18(7) (with reg. 9)

C28S. 16(6)-(8) applied (with modifications) (21.7.1994) by 1994 c. xv, s. 58(10)

C29S. 16(6)-(8) amended by Midland Metro Act 1989 (c.xv), s. 45(10); and s. 16(6)-(8) extended (27.7.1993) by 1993 c. xv, s. 55(10)

17 Approval of persons to give certificates etc.E+W

[F100(1)Building regulations may make provision for the approval of persons for the purposes of section 16(9) above—

(a)by the Secretary of State, or

(b)by a body (corporate or unincorporated) that, in accordance with the regulations is designated by the Secretary of State for the purpose,

and any such approval may limit the description of work, or the provisions of the regulations, in relation to which the person concerned is so approved.

(2)Any such designation as is referred to in paragraph (b) of subsection (1) above may limit the cases in which and the terms on which the body designated may approve a person and, in particular, may provide that any approval given by the body shall be limited as mentioned in that subsection.

(3)There shall be paid on an application for any such approval as is referred to in subsection (1) above—

(a)where the application is made to the Secretary of State, such fee as may be prescribed,

(b)where the application is made to a body designated by him as mentioned in that subsection, such fee as that body may determine.

(4)The Secretary of State may approve for the purposes of section 16(9)

above any scheme that appears to him to secure the provision of adequate insurance cover in relation to any certificate that is given under paragraph (a) of that subsection and is a certificate to which the scheme applies.

(5)Building regulations may prescribe, for the purposes of section 16(9)

above the insurance cover that is to be provided in relation to any certificate that is given under paragraph (a) of that subsection and is not a certificate to which an approved scheme applies and may, in particular, prescribe the form and content of policies of insurance.

(6)Building regulations may—

(a)contain provision prescribing the period for which, subject to any provision made by virtue of paragraph (b) or (c) below, any such approval as is referred to in subsection (1) above continues in force,

(b)contain provision precluding the giving of, or requiring the withdrawal of, any such approval as is referred to in subsection (1) above in such circumstances as may be prescribed,

(c)contain provision authorising the withdrawal of any such approval or designation as is referred to in subsection (1) above,

(d)provide for the maintenance by the Secretary of State of a list of bodies that are for the time being designated by him as mentioned in subsection (1) above and for the maintenance by the Secretary of State and by each designated body of a list of persons for the being time approved by him or them as mentioned in that subsection,

(e)make provision for the supply to local authorities of copies of any list of approved persons maintained by virtue of paragraph (d) above and for such copy lists to be made available for inspection, and

(f)make provision for the supply, on payment of a prescribed fee, of a certified copy of any entry in a list maintained by virtue of paragraph (d) above or in a copy list held by a local authority by virtue of paragraph (e) above.

(7)Unless the contrary is proved, in any proceedings (whether civil or criminal) a document that appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (6)(d) above or in a copy of such a list supplied as mentioned in subsection (6)(e) above—

(a)is presumed to be a true copy if an entry in the current list is maintained, and

(b)is evidence of the matters stated in it.]

Textual Amendments

F100S. 17 omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 20; S.I. 2023/993, reg. 2(n)(ix) (with regs. 3, 6)

F10118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F101S. 18 repealed (1.4.2002) by S.I. 2001/3335, reg. 3(1) (with reg. 4)

19 Use of short-lived materials.E+W

(1)[F102Where plans of a building are, in accordance with building regulations, deposited with a local authority, and the plans show] [F102Where an application for building control approval in respect of a proposed building is made to a building control authority, and it appears] that it is proposed to construct a building of materials to which this section applies, or to place or assemble on the site a building constructed of such materials, the authority may, notwithstanding that the [F103plans conform] [F103application conforms] with the regulations—

(a)reject [F104the plans] [F104the application], or

(b)in [F105passing the plans] [F105granting the application]—

(i)fix a period on the expiration of which the building must be removed, and

(ii)impose with respect to the use of the building such reasonable conditions, if any, as having regard to the nature of the materials used in its construction they deem appropriate,

but no condition shall be imposed that conflicts with any condition imposed on the grant of planning permission for that building under Part III of [F106the Town and Country Planning Act 1990].

(2)If a building in respect of which [F107plans ought under the building regulations to have been deposited, but have not been deposited,] [F107an application for building control approval ought to have been made but was not made] appears to the authority to be constructed of such materials as aforesaid, the authority, without prejudice to their right to take proceedings in respect of any contravention of the regulations, may—

(a)fix a period on the expiration of which the building must be removed, and

(b)if they think fit, impose such conditions with respect to the use of the building as might have been imposed under subsection (1) above upon the [F108passing of plans for the building] [F108granting of such an application].

and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the building.

(3)A [F109local authority] [F109building control authority] may from time to time extend any period fixed, or vary any conditions imposed, under this section; but, unless an application in that behalf is made to them by the owner of the building in question, they shall not exercise their power of varying conditions except when granting an extension, or further extension, of the period fixed with respect to the building.

(4)A person aggrieved by the action of a [F109local authority] [F109building control authority] under this section in rejecting [F110plans] [F110an application], or in fixing or refusing to extend any period, or in imposing or refusing to vary any conditions, may appeal to [F111a magistrates’ court] [F111the appropriate court or tribunal].

(5)The owner of a building in respect of which a period has been fixed under this section shall, on the expiration of that period, or, as the case may be, of that period as extended, remove the building, and, if he fails to do so—

(a)the [F109local authority] [F109building control authority] shall remove it and may recover from him the expenses reasonably incurred by them in so doing, and

(b)without prejudice to the right of the authority to exercise that power, he is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £5 for each day during which the building is allowed to remain after he is convicted.

(6)A person who uses a building in contravention of a condition imposed under this section, or who permits a building to be so used, is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £5 for each day on which the offence continues after he is convicted.

(7)Building regulations may provide that this section applies to any materials specified in the regulations as being materials that are, in the absence of special care, liable to rapid deterioration, or are otherwise unsuitable for use in the construction of permanent buildings.

(8)This section applies in relation to an extension of an existing building as it applies in relation to a new building.

(9)This section ceases to have effect upon the coming into force of section 20 below (which supersedes it).

Textual Amendments

F102Words in s. 19(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 21(3)(a); S.I. 2023/993, reg. 2(n)(ix) (with reg. 3)

F103Words in s. 19(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 21(3)(b); S.I. 2023/993, reg. 2(n)(ix) (with reg. 3)

F104Words in s. 19(1)(a) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 21(3)(c); S.I. 2023/993, reg. 2(n)(ix) (with reg. 3)

F105Words in s. 19(1)(b) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 21(3)(d); S.I. 2023/993, reg. 2(n)(ix) (with reg. 3)

F107Words in s. 19(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 21(4)(a); S.I. 2023/993, reg. 2(n)(ix) (with reg. 3)

F108Words in s. 19(2)(b) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 21(4)(b); S.I. 2023/993, reg. 2(n)(ix) (with reg. 3)

F109Words in s. 19 substituted in part (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 21(2); S.I. 2023/993, reg. 2(n)(ix) (with reg. 4)

F110Words in s. 19(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 21(5); S.I. 2023/993, reg. 2(n)(ix)

F111Words in s. 19(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(a); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

Prospective

20 Use of materials unsuitable for permanent building.E+W

(1)[F112Where plans of any proposed work are, in accordance with building regulations, deposited with a local authority, and the plans show] [F112Where an application for building control approval in respect of any proposed work is made to a building control authority, and it appears] that the proposed work would include or consist of work to which this section applies, the authority may, notwithstanding that the [F113plans conform] [F113application conforms] with the regulations—

(a)reject [F114the plans] [F114the application], or

(b)in [F115passing the plans] [F115granting the application] —

(i)fix a period on the expiration of which the work to which this section applies or the relevant building (as the authority may in [F115passing the plans] [F115granting the application] direct) must be removed, and

(ii)if they think fit, impose with respect to the use of the relevant building or with respect to the work to which this section applies such reasonable conditions, if any, as they consider appropriate,

but no condition as to the use of the relevant building shall be imposed that conflicts with any condition imposed or having effect as if imposed under [F116Part III or Part VIII of the Town and Country Planning Act 1990 or under the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990].

(2)If, in the case of any work in respect of which [F117plans ought by virtue of building regulations to have been deposited with a local authority but have not been so deposited] [F117an application for building control approval ought to have been made but was not made], the work appears to the authority to include or consist of work to which this section applies, the authority, without prejudice to their right to take proceedings in respect of any contravention of the regulations, may—

(a)fix a period on the expiration of which the work to which this section applies or the relevant building (as the authority may in fixing the period direct) must be removed, and

(b)if they think fit, impose any conditions that might have been imposed under subsection (1) above in [F118passing plans] [F118granting the application] for the first-mentioned work,

and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.

(3)If, in the case of any work appearing to the [F119local authority] [F119building control authority] to fall within subsection (9)(b) below, [F120plans of the work were not required by building regulations to be deposited with the authority, and were not so deposited] [F120an application for building control approval was not required by building regulations to be made and was not made], the authority may at any time within 12 months from the date of completion of the work—

(a)fix a period on the expiration of which the work must be removed, and

(b)if they think fit, impose any conditions that, [F121if plans of the work had been required to be, and had been, so deposited, might have been imposed under subsection (1) above in passing the plans,] [F121if an application for building control approval in respect of the work had been required to be made and had been made, might have been imposed under subsection (1) in granting the application,]

and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.

(4)A [F119local authority] [F119building control authority] may from time to time extend any period fixed, or vary any conditions imposed, under this section, but, unless an application in that behalf is made to them by the owner of the relevant building, they shall not exercise their power of varying conditions so imposed except when granting an extension or futher extension of the period fixed with respect to the work or building, as the case may be.

(5)A person aggrieved by the action of a [F119local authority] [F119building control authority] under this section—

(a)in rejecting [F122plans] [F122an application],

(b)in fixing or refusing to extend any period, or

(c)in imposing or refusing to vary any conditions,

may appeal [F123to the Secretary of State within the prescribed time and in the prescribed manner].

[F124(5A)The appeal is to be made to—

(a)the regulator, in the case of action by a local authority for an area in England;

(b)the tribunal, in the case of action by the regulator;

(c)the Welsh Ministers, in the case of action by a local authority for an area in Wales.]

(6)Where a period has been fixed under this section with respect to any work to which this section applies or with respect to the relevant building—

(a)the owner of that building shall on the expiration of that period, or, as the case may be, of that period as extended, remove the work or building with respect to which the period was fixed, and

(b)if he fails to do so, the [F119local authority] [F119building control authority] may remove that work or building, as the case may be, and may recover from him the expenses reasonably incurred by them in doing so.

(7)A person who—

(a)contravenes a condition imposed under this section or permits such a condition to be contravened, or

(b)contravenes subsection (6) above,

is liable on summary conviction to a fine [F125not exceeding level 5 on the standard scale] and to a further fine not exceeding [F126£50] [F126level 1 on the standard scale] for each day on which the offence continues or, as the case may be, on which the work or building is allowed to remain after he is convicted; but this subsection does not prejudice a local authority’s rights under subsection (6) above.

(8)In this section, “the relevant building” means, in any particular case, the building mentioned in paragraph (a) or, as the case may be, paragraph (b) of subsection (9) below.

(9)This section applies to—

(a)any work consisting of a part of a building, being a part in the construction of which there is used any material or component of a type that, in relation to a part of that description, is prescribed for the purposes of this paragraph under subsection (10) below, and

(b)any work provided in or in connection with a building, being work consisting of a service, fitting or item of equipment of a type so prescribed for the purposes of this paragraph.

(10)The [F127appropriate national authority] may by building regulations—

(a)prescribe a type of material or component for the purposes of subsection (9)(a) above if in [F128its] opinion materials or components of that type are likely to be unsuitable for use in the construction of a particular part of a permanent building in the absence of conditions with respect to the use of the building or with respect to any material or component of that type used in the construction of a part of that description,

(b)prescribe a type of service, fitting or equipment for the purposes of subsection (9)(b) above if in [F128its] opinion services, fittings or equipment of that type are likely to be unsuitable for provision in or in connection with a permanent building in the absence of conditions with respect to the use of the building or with respect to a service, fitting or equipment of that type so provided.

(11)Upon section 19 above ceasing to have effect—

(a)any building regulations made, period fixed, condition imposed or other thing done by virtue of the said section 19 shall be deemed to have been made, fixed, imposed or done by virtue of this section, and

(b)anything begun under the said section 19 may be continued under this Act as if begun under this section, but any appeal under section 19(4) that is pending at the time when the said section 19 ceases to have effect, and any proceedings arising out of such an appeal, shall proceed as if that section were still in force.

Textual Amendments

F112Words in s. 20(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(3)(a); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F113Words in s. 20(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(3)(b); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F114Words in s. 20(1)(a) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(3)(c); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F115Words in s. 20(1)(b) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(3)(d); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F117Words in s. 20(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(4)(a); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F118Words in s. 20(2)(b) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(4)(b); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F119Words in s. 20 substituted in part (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(2); S.I. 2023/993, reg. 2(n)(x) (with reg. 4)

F120Words in s. 20(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(5)(a); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F121Words in s. 20(3)(b) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(5)(b); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F122Words in s. 20(5)(a) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(6); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F123Words in s. 20(5) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 3(2); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F125Words in s. 20(7) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(7)(a); S.I. 2023/993, reg. 2(n)(x)

F126Words in s. 20(7) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(7)(b); S.I. 2023/993, reg. 2(n)(x)

21Provision of drainage.E+W

F129(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F129(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any question arising under subsection [F130(4) below]between a [F131local authority] [F131building control authority] and the person by whom, or on whose behalf, [F132plans are deposited] [F132an application for building control approval is made] as to [F133whether a proposed drain shall be required to connect with a sewer] may on the application of that person be determined by [F134a magistrates’ court] [F134the appropriate court or tribunal].

(4)[F135Where [F136plans of a building or of an extension of a building are, in accordance with building regulations, deposited with] [F136an application for building control approval in respect of a building or an extension of a building is made to] a [F131local authority] [F131building control authority], the [F131local authority] [F131building control authority], or on appeal [F137a magistrates’ court] [F137the appropriate court or tribunal], may require a proposed drain to connect with a sewer where]—

(a)that sewer is within one hundred feet of the site of the building or, in the case of an extension, the site either of the extension or of the original building, and is at a level that makes it reasonably practicable to construct a drain to communicate with it, and, if it is not a public sewer, is a sewer that the person constructing the drain is entitled to use, and

(b)the intervening land is land through which that person is entitled to construct a drain.

(5)Notwithstanding paragraph (a) of subsection (4) above, a drain may be required to be made to connect with a sewer that is not within the distance mentioned in that paragraph, but is otherwise such a sewer as is therein mentioned, if the authority undertake to bear so much of the expenses reasonably incurred in constructing, and in maintaining and repairing, the drain as may be attributable to the fact that the distance of the sewer exceeds the distance so mentioned.

(6)If any question arises as to the amount of a payment to be made to a person under subsection (5) above, that question may on his application be determined by [F138a magistrates’ court] [F138the appropriate court or tribunal], or he may require it to be referred to arbitration.

[F139(7)This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).]

Textual Amendments

F129S. 21(1)(2) repealed (1.4.2002) by S.I. 2001/3335, reg. 3(1) (with reg. 4)

F130Words in s. 21(3) substituted (1.4.2002) by S.I. 2001/3335, reg. 3(2)(a) (with reg. 4)

F131Words in s. 21 substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 23(2); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F132Words in s. 21(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 23(3); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F133S. 21(3)(a)(b) substituted for words (1.4.2002) by S.I. 2001/3335, reg. 3(2)(b) (with reg. 4)

F134Words in s. 21(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F135Words in s. 21(4) substituted (1.4.2002) by S.I. 2001/3335, reg. 3(3) (with reg. 4)

F136Words in s. 21(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 23(4); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F137Words in s. 21(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F138Words in s. 21(6) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F139S. 21(7) added (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 26(1) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)

Modifications etc. (not altering text)

C30Ss. 21, 22, 23 extended by S.I. 1987/798, regs. 2(1), 4

22 Drainage of buildings in combination.E+W

(1)Where—

(a)a [F140local authority] [F140building control authority] might under section 21 above require each of two or more buildings to be drained separately into an existing sewer, but

(b)it appears to the authority that those buildings may be drained more economically or advantageously in combination,

the authority may, when the drains of the buildings are first laid, require that the buildings be drained in combination into the existing sewer by means of a private sewer to be constructed either by the owners of the buildings in such manner as the authority may direct or, if the authority so elect, by the authority on behalf of the owners.

(2)A [F140local authority] [F140building control authority] shall not, except by agreement with the owners concerned, exercise the power conferred by subsection (1) above in respect of any building [F141for whose drainage plans have been previously passed by them.] [F141if building control approval has been given in respect of work comprising drainage for the building.]

(3)A [F140local authority] [F140building control authority] who make such a requirement as aforesaid shall fix—

(a)the proportions in which the expenses of constructing, and of maintaining and repairing, the private sewer are to be borne by the owners concerned, or

(b)in a case in which the distance of the existing sewer from the site of any of the buildings in question is or exceeds one hundred feet, the proportions in which those expenses are to be borne by the owners concerned and the [F140local authority] [F140building control authority],

and shall forthwith give notice of their decision to each owner affected.

(4)An owner aggrieved by the decision of a [F140local authority] [F140building control authority] under subsection (3) above may appeal to [F142a magistrates’ court] [F142the appropriate court or tribunal].

(5)Subject to any such appeal—

(a)any expenses reasonably incurred in constructing, or in maintaining or repairing, the private sewer shall be borne in the proportions so fixed, and

(b)those expenses, or, as the case may be, contributions to them, may be recovered accordingly by the persons, whether the [F140local authority] [F140building control authority] or the owners, by whom they were incurred in the first instance.

(6)A sewer constructed by a [F140local authority] [F140building control authority] under this section is not deemed a public sewer by reason of the fact that the expenses of its construction are in the first instance defrayed by the authority, or that some part of those expenses is borne by them.

Textual Amendments

F140Words in s. 22 substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 24(2); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F141Words in s. 22(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 24(3); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F142Words in s. 22(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(c); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

Modifications etc. (not altering text)

C31Ss. 21, 22, 23 extended by S.I. 1987/798, regs. 2(1), 4

23 Provision of facilities for refuse.E+W

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

(3)It is unlawful for any person except with the consent of the [F144local authority] [F144building control authority] to close or obstruct the means of access by which refuse or faecal matter is removed from a building, and the [F144local authority] [F144building control authority] in giving their consent may impose such conditions as they think fit with respect to the improvement of an alternative means of access or the substitution of other means of access.

(4)A person who contravenes subsection (3) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments

F143S. 23(1)(2) repealed by S.I. 1985/1065, reg. 18

F144Words in s. 23(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 25; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

Modifications etc. (not altering text)

C32Ss. 21, 22, 23 extended by S.I. 1987/798, regs. 2(1), 4

24 Provision of exits etc.E+W

(1)Where—

(a)[F145plans of a building or of an extension of a building are, in accordance with building regulations, deposited with] [F145an application for building control approval in respect of a building or an extension of a building is made to] a [F146local authority] [F146building control authority], and

(b)the building or, as the case may be, the building as extended will be a building to which this section applies,

the authority shall reject the [F147plans] [F147application] unless they show that the building, or, as the case may be, the building as extended, will be provided with such means of ingress and egress and passages or gangways as the authority, after consultation with the [F148fire and rescue authority], deem satisfactory, regard being had to the purposes for which the building is intended to be, or is, used and the number of persons likely to resort to it at any one time.

(2)Any question arising under subsection (1) above between a [F146local authority] [F146building control authority] and the person by whom, or on whose behalf, [F149plans are deposited] [F149an application for building control approval is made] as to whether the means of incress or egress or passages or gangways already existing, or proposed to be provided, ought to be accepted by the authority as satisfactory may on the application of that person be determined by [F150a magistrates’ court] [F150the appropriate court or tribunal].

(3)Where building regulations imposing requirements as to the provision of means of escape in case of fire are applicable to a proposed building or proposed extension of a building, or would be so applicable but for a direction under section 8 above dispensing with such requirements—

(a)this section, and

(b)any provision of a local Act that has effect in place of this section,

does not apply in relation to the proposed building or extension.

(4)Subject to subsection (3) above, this section applies to—

(a)a theatre, and a hall or other building that is used as a place of public resort,

(b)a restaurant, shop, store or warehouse to which members of the public are admitted and in which more than twenty persons are employed,

[F151(c)premises in respect of which a club premises certificate has effect under the Licensing Act 2003,]

(d)a school not exempted from the operation of building regulations, and

(e)a church, chapel or other place of public worship

but not—

(i)a private house to which members of the public are admitted occasionally or exceptionally,

(ii)a building that was used as a church, chapel or other place of public worship immediately before the date on which section 36 of the M2Public Health Acts Amendment Act 1890, or a corresponding provision in a local Act, came into operation in the district or rating district, or

(iii)a building that was so used immediately before the 1st October 1937 (the date of commencement of the M3Public Health Act 1936) in a district or rating district where neither the said section 36 nor such a corresponding provision ever came into operation.

Textual Amendments

F145Words in s. 24(1)(a) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 26(3)(a); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F146Words in s. 24 substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 26(2); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F147Words in s. 24(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 26(3)(b); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F148Words in s. 24(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 57(2)(3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art 2

F149Words in s. 24(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 26(4); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F150Words in s. 24(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(d); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

Modifications etc. (not altering text)

Marginal Citations

25 Provision of water supply.E+W

(1)Where [F152plans of a house are, in accordance with building regulations, deposited with] [F152an application for building control approval in respect of a house is made to] a [F153local authority] [F153building control authority], the authority shall reject [F154the plans] [F154the application] unless a proposal is put before them that appears to them to be satisfactory for providing the occupants of the house with a supply of wholesome water sufficient for their domestic purposes—

(a)by connecting the house to a supply of water in pipes provided by . . . F155 water undertakers,

(b)if in all the circumstances it is not reasonable to require the house to be connected as aforesaid, by otherwise taking water into the house by means of a pipe, or

(c)if in all the circumstances neither of the preceding alternatives can reasonably be required, by providing a supply of water within a reasonable distance of the house,

and the authority are satisfied that the proposal can and will be carried into effect.

(2)Any question arising under subsection (1) above between a [F153local authority] [F153building control authority] and the person by whom, or on whose behalf, [F156plans are deposited] [F156an application for building control approval is made] as to whether the [F153local authority] [F153building control authority] ought to [F157pass the plans] [F157grant the application] may on the application of that person be determined by [F158a magistrates’ court] [F158the appropriate court or tribunal].

(3)If, after any such [F159plans as aforesaid have been passed] [F159application has been granted], it appears to the [F153local authority] [F153building control authority] that the proposal for providing a supply of water—

(a)has not been carried into effect, or

(b)has not resulted in a supply of wholesome water sufficient for the domestic purposes of the occupants,

the authority shall give notice to the owner of the house prohibiting him from occupying it, or permitting it to be occupied, until the authority, being satisfied that such a supply has been provided, have granted him a certificate to that effect.

(4)Until a certificate is granted under subsection (3) above, the owner shall not occupy the house or permit it to be occupied.

(5)A person aggrieved by the refusal of the authority to grant such a certificate may apply to [F160a magistrates’ court] [F160the appropriate court or tribunal] for an order authorising the occupation of the house, and, if the court [F161or tribunal] is of opinion that a certificate ought to have been granted, the court [F161or tribunal] may make an order authorising the occupation of the house, and such an order shall have the like effect as a certificate of the [F153local authority] [F153building control authority].

(6)A person who contravenes subsection (4) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.

[F162(7)[F163Section 67 of the Water Industry Act 1991] (standards of wholesomeness of water) and any regulations made under that section shall apply for the purposes of subsection (1) above as they apply for the purposes of [F164Chapter III of Part III] of that Act.]

Textual Amendments

F152Words in s. 25(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 27(3)(a); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F153Words in s. 25 substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 27(2); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F154Words in s. 25(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 27(3)(b); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F156Words in s. 25(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 27(4)(a); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F157Words in s. 25(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 27(4)(b); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F158Words in s. 25(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(e); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F159Words in s. 25(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 27(5); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F160Words in s. 25(5) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(e); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F161Words in s. 25(5) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 11; S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

26–29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F165E+W

Textual Amendments

F165Ss. 26–29 repealed by S.I. 1985/1065, reg. 18

Determination of questionsE+W

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166E+W

Textual Amendments

F166S. 30 repealed by S.I. 1985/1603, art. 3

[F167Determination by appropriate national authorityE+W

Textual Amendments

F167S. 30A and cross-heading inserted (6.4.2023 except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 37, 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(p); S.I. 2023/914, reg. 2(b)(iv)

30ADetermination of certain applications by appropriate national authorityE+W

(1)This section applies where the building control authority fails to determine a prescribed application relating to higher-risk building work (“the original application”) within the relevant period.

(2)The applicant may apply to the appropriate national authority for the original application to be determined by that authority.

(3)An application under this section may be made only—

(a)before the end of the prescribed period, and 

(b)if the building control authority has not determined the original application.

(4)The building control authority may not determine the original application at any time after the making of an application under this section.

(5)Building regulations may make provision about applications under this section, including in particular provision—

(a)about the making of such applications;

(b)requiring an applicant to notify the building control authority of the making of an application;

(c)imposing duties on the building control authority in cases where an application is made;

(d)for and in connection with the appropriate national authority appointing a person to determine the original application (including provision conferring functions on that person and providing that their decision is treated as the decision of the appropriate national authority);

(e)about the procedure to be adopted in connection with the determination of the original application.

(6)The provision that may be made by virtue of subsection (5)(a) includes provision about—

(a)the form and content of applications;

(b)the information and documents that are to accompany an application;

(c)the way in which an application, and anything that is to accompany it, is to be given.

(7)For the purposes of determining the original application by virtue of this section, this Act and building regulations apply in relation to the appropriate national authority (and any person appointed by virtue of subsection (5)(d)) as they apply in relation to the building control authority.

(8)The applicant may appeal to—

(a)the tribunal, against a decision of the Secretary of State made under this section;

(b)a magistrates’ court, against a decision of the Welsh Ministers made under this section.

(9)In this section “the relevant period” means—

(a)the period provided by building regulations as the period within which the building control authority is to make the decision, or

(b)if the regulations provide that that period may be extended by agreement between the applicant and the building control authority and such an agreement is made, the agreed period.]

Modifications etc. (not altering text)

[F168Proposed departure from plans]E+W

Textual Amendments

31[F168 Proposed departure from plans.]E+W

[F168(1)Where plans of any proposed work have been passed under section 16 above by a local authority, the person by or on whose behalf the plans were in accordance with building regulations deposited with the authority may, and in such cases as may be prescribed shall, for the purpose of obtaining the approval of the authority to any proposed departure or deviation from the plans as passed, deposit plans of the departure or deviation.

(2)Section 16 above applies in relation to plans deposited under subsection (1) above as it applies in relation to the plans originally deposited.]

Commencement Information

I3S. 31 in force at 1.12.1984 for specified purposes, see s. 134(1)(a)

Lapse of [F169deposit of plans] [F169building control approval] E+W

Textual Amendments

F169Words in s. 32 cross-heading substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 29; S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

32 [F170Lapse of deposit of plans.][F170Lapse of building control approval]E+W

[F170(1)Where plans of any proposed work have, in accordance with building regulations, been deposited with a local authority, and—

(a)the plans have been passed by the authority, or

(b)notice of rejection of the plans has not been given within the relevant period from their deposit,

and the work to which the plans relate has not been commenced within three years from the deposit of the plans, the local authority may, at any time before the work is commenced, by notice to the person by whom or on whose behalf the plans were deposited, or other the owner for the time being of the land to which the plans relate, declare that the deposit of the plans is of no effect.

(2)Where a notice has been given under subsection (1) above, this Act and the building regulations shall, as respects the proposed work, have effect as if no plans had been deposited.]

[F170(1)This section applies where—

(a)an application for building control approval in respect of any work is made on any day (“the relevant day”), and

(b)the application is granted.

(2)Where—

(a)the work relates to one building, and

(b)the work is not commenced within 3 years from the end of the relevant day,

the relevant provisions have effect as if the application had not been made (and the approval had not been given).

(3)Where—

(a)the work relates to more than one building, and

(b)the work relating to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day,

the relevant provisions have effect in relation to those buildings and the relevant work as if the application had not been made (and the approval had not been given).

(4)In subsection (1) the reference to an application for building control approval is to an application for approval of a kind mentioned in paragraph 1B(2)(a) of Schedule 1.

(5)In this section “the relevant provisions” means this Act and regulations made under it except the following provisions and any regulations made under them—

(a)sections 56, 56A, 56B and 91A (records and registers etc);

(b)section 105B (fees and charges).

(6)Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.]

Textual Amendments

F170S. 32 substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 36(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o); S.I. 2023/914, reg. 2(b)(iii); S.I. 2023/993, reg. 2(g) (with regs. 3, 5)

Tests for conformity with building regulationsE+W

33 Tests for conformity with building regulations.E+W

(1)[F171The following subsection has effect for the purpose of enabling a local authority to ascertain, as regards any work or proposed work to which building regulations for the enforcement of which they are responsible are applicable, whether any provision of building regulations is or would be contravened by, or by anything done or proposed to be done in connected with, that work.]

[F171Where work to which building regulations are applicable is proposed or carried out, the building control authority has the powers under subsection (2) for the purpose of ascertaining whether any provision of building regulations is or would be contravened—

(a)by or in connection with the work, or

(b)in relation to the building that the work has been, is being or will be carried out on.]

(2)[F171The local authority have power for that purpose—

(a)to require a person by whom or on whose behalf the work was, is being or is proposed to be done to carry out such reasonable tests of or in connection with the work as may be specified in the requirement, or

(b)themselves to carry out any reasonable tests of or in connection with the work, and to take any samples necessary to enable them to carry out such a test.]

[F171The powers are—

(a)to require a person by whom or on whose behalf the work was, is being, or is proposed to be done to carry out such reasonable tests of or in connection with the work, or in relation to the building, as may be specified in the requirement, or

(b)to carry out any reasonable tests of or in connection with the work, or in relation to the building, and to take any samples necessary to enable them to carry out such a test. ]

(3)Without prejudice to the generality of subsection (2) above, the matters with respect to which tests may be required or carried out under that subsection include—

(a)tests of the soil or subsoil of the site of a building,

(b)tests of any material, component or combination of components that has been, is being or is proposed to be used in the construction of a building, and tests of any service, fitting or equipment that has been, is being or is proposed to be provided in or in connection with a building.

[F172(3A)The tests that may be required or carried out under subsection (2) include in particular tests involving—

(a)the cutting into or laying open of any work or any building, and

(b)the pulling down of any work.]

(4)A [F173local authority] [F173building control authority] have power, for the purpose of ascertaining whether there is or has been, in the case of a building, a contravention of a continuing requirement that applies in relation to that building—

(a)to require the owner or occupier of the building to carry out such reasonable tests as may be specified in the requirement under this paragraph, or

(b)themselves to carry out any tests that they have power to require under paragraph (a) above, and to take any samples necessary to enable them to carry out such a test;

and in this subsection “continuing requirement” means a continuing requirement imposed by building regulations made by virtue of section 2(1) or (2) [F174or 2A] above.

(5)The expense of carrying out any tests that a person is required to carry out under this section shall be met by that person, except that the [F175local authority] [F175building control authority], on an application made to them, may, if they think it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the local authority.

(6)Any question arising under this section between a [F176local authority] [F176building control authority] and a person as to the reasonableness of—

(a)a test specified in a requirement imposed on him by the authority under this section,

(b)a refusal by the authority to give a direction under subsection (5) above on an application made by him, or

(c)a direction under that subsection given on such an application,

may on the application of that person be determined by [F177a magistrates’ court] [F177the appropriate court or tribunal]; and in a case falling within paragraph (b) or (c) above the court [F178or tribunal] may order the expense to which the application relates to be met by the [F176local authority] [F176building control authority] to such extent as the court [F178or tribunal] thinks just.

Textual Amendments

F173Words in s. 33(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 30(4); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F174Words in s. 33(4) inserted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 4(2), 11(4)

F175Words in s. 33(5) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 30(4); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F176Words in s. 33(6) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 30(4); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F177Words in s. 33(6) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(f); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F178Words in s. 33(6) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 12; S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

Commencement Information

I4S. 33 in force at 1.10.2023 for E. by S.I. 2023/992, art. 2

Classification of buildingsE+W

34 Classification of buildings.E+W

For the purposes of building regulations and of a direction given or instrument made with reference to building regulations, buildings may be classified by reference to size, description, design, purpose, location or any other characteristic whatsoever.

Breach of building regulationsE+W

35[F179 Penalty for contravening building regulations.][F179Offence of contravening building regulations etc]E+W

[F179If a person contravenes any provision contained in building regulations, other than a provision designated in the regulations as one to which this section does not apply, he is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50 for each day on which the default continues after he is convicted.]

[F179(1)A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.

(2)Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations.

(3)Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed.

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.]

Textual Amendments

F179S. 35 substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 39(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(r); S.I. 2023/914, reg. 2(b)(vi); S.I. 2023/993, reg. 2(i) (with reg. 7)

Modifications etc. (not altering text)

C36S. 35 excluded by S.I. 2010/2214, reg. 47 (as substituted (W.) (8.6.2018) by The Building Regulations c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 12 (with reg. 29))

C37S. 35 excluded by S.I. 2010/2214, reg. 47 (as substituted (W.) (1.11.2018) by The Building (Amendment) (Wales) Regulations 2018 (S.I. 2018/552), regs. 1(3), 4 (with reg. 6))

[F18035ATime limit for prosecution for contravention of F181... building regulationsE+W

[F182(1)Despite anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43), an information relating to [F183an offence under section 35 above] may be tried by a magistrates' court if it is laid at any time—

(a)within the period of two years beginning with the day on which the offence was committed, and

(b)within the period of six months beginning with the relevant date.

F184(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F185(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1)(b) above, “ the relevant date ” means the date on which evidence sufficient to justify the proceedings comes to the knowledge of the person commencing the proceedings.

(5)In the case of proceedings commenced by a local authority—

(a)evidence is to be regarded for the purposes of subsection (4) above as sufficient to justify the proceedings if in the opinion of the proper officer or an authorised officer it is sufficient to justify the proceedings, and

(b)a certificate of the proper officer or, as the case may be, that authorised officer as to the date on which evidence which, in his opinion, was sufficient to justify the proceedings came to the knowledge of the person commencing the proceedings is to be conclusive evidence of that fact.

F186(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

Textual Amendments

F182S. 35A omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 31; S.I. 2023/993, reg. 2(n)(xi) (with reg. 7)

[F187Notices in respect of contraventionsE+W

Textual Amendments

F187Ss. 35B-35D and cross-heading inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 38(1), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(q); S.I. 2023/914, reg. 2(b)(v); S.I. 2023/993, reg. 2(h)

35BCompliance noticesE+W

(1)The building control authority may give a compliance notice to a person who appears to the authority to have contravened, be contravening or be likely to contravene—

(a)a relevant provision of building regulations, or

(b)a requirement imposed by virtue of such a provision.

(2)A “compliance notice” is—

(a)a notice requiring the recipient to take specified steps within a specified period, or

(b)a notice requiring the recipient to remedy the contravention or the matters giving rise to it within a specified period.

(3)A notice of a kind mentioned in subsection (2)(a) may specify any steps relating to—

(a)the remedying of the contravention, or

(b)avoiding the contravention occurring.

(4)A person who, without reasonable excuse, contravenes a compliance notice commits an offence.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

(6)A compliance notice may not be given in respect of a contravention which occurred more than 12 months before the day on which the notice is given.

(7)In this section—

(a)“relevant provision” means any provision of building regulations except one that is prescribed for the purposes of this paragraph;

(b)“specified” means specified in the notice.

35CStop noticesE+W

(1)The building control authority may give a stop notice to a person appearing to the authority to be in control of any work if it appears to the authority that—

(a)the carrying out of the work would contravene a provision of building regulations prescribed for the purposes of this paragraph,

(b)a compliance notice relating to the work has been contravened, or

(c)the work contravenes a provision of building regulations or a requirement imposed by virtue of such a provision, and the risk of serious harm condition is met.

(2)For the purposes of subsection (1)(c) the “risk of serious harm condition” is that use of the building in question without the contravention having been remedied would be likely to present a risk of serious harm to people in or about the building.

(3)A “stop notice” is a notice prohibiting, either immediately or from a specified time, the carrying out of specified work until the occurrence of such of the following as may be specified—

(a)the taking of specified steps;

(b)the occurrence of specified circumstances;

(c)the remedying of a specified contravention or the matters giving rise to it.

(4)Where a stop notice is contravened, the person to whom the notice was given commits an offence.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

(6)It is a defence for a person charged with an offence under this section to prove that the person took all reasonable precautions and exercised all due diligence to avoid the contravention of the stop notice.

(7)In this section “specified” means specified in the notice.

35DCompliance and stop notices: supplementaryE+W

(1)Building regulations may make provision about compliance notices or stop notices.

(2)The regulations may in particular make provision about—

(a)the form and content of notices;

(b)the giving of notices;

(c)the amendment or withdrawal of notices;

(d)the extension of any period specified in a compliance notice for the doing of a thing.

(3)The regulations may require a building control authority which gives a notice to a person to take reasonable steps to notify other prescribed persons.

(4)A compliance notice, or a stop notice under section 35C(1)(a), may not be given in respect of a contravention (including a future contravention) where—

(a)an application for building control approval was made to a building control authority in respect of any work that is not higher-risk building work,

(b)the application was granted, and

(c)the contravention consists (or would consist) of the carrying out of work or the doing of anything else in accordance with—

(i)the plans, or any other document, approved by the grant of building control approval, and

(ii)any requirement imposed by the building control authority in connection with the work or other thing.]

36 Removal or alteration of offending work.E+W

(1)If any work to which building regulations are applicable contravenes any of those regulations [F188or a requirement imposed by virtue of any of those regulations], the [F189local authority] [F189building control authority], without prejudice to their right to take proceedings for a fine in respect of the contravention, may by notice require the owner—

(a)to pull down or remove the work, or

(b)if he so elects, to effect such alterations in it as may be necessary to make it comply with the regulations.

(2)If, in a case where the [F189local authority] [F189building control authority] are, by [F190any section of this Part of this Act other than section 16] [F190any of sections 19 to 25], expressly required or authorised to reject [F191plans] [F191an application for building control approval], any work to which building regulations are applicable is executed—

(a)[F192without plans having been deposited,]

[F192without such an application having been made,]

(b)[F192notwithstanding the rejection of the plans, or]

[F192notwithstanding the refusal of such an application, or]

(c)otherwise than in accordance with any requirements subject to which the authority [F193passed the plans] [F193granted such an application],

the authority may by notice to the owner—

(i)require him to pull down or remove the work, or

(ii)require him either to pull down or remove the work or, if he so elects, to comply with any other requirements specifed in the notice, being requirements that they might have made under the section in question as a condition of [F194passing plans] [F194granting such an application].

(3)If a person to whom a notice has been given under subsection (1) or (2) above fails to comply with the notice before the expiration of 28 days, or such longer period as [F195a magistrates’ court] [F195the appropriate court or tribunal] may on his application allow, the [F189local authority] [F189building control authority] may—

(a)pull down or remove the work in question, or

(b)effect such alterations in it as they deem necessary,

and may recover from him the expenses reasonably incurred by them in doing so.

(4)A notice under subsection (1) or (2) above (called a “section 36 notice”) shall not be given after the expiration of [F19612 months] [F19610 years] from the date of the completion of the work in question.

(5)[F197A section 36 notice shall not be given, in a case where plans were deposited and the work was shown on them, on the ground that the work contravenes any building regulations or, as the case may be, does not comply with the authority’s requirements under any section of this Act other than section 16, if—

(a)the plans were passed by the authority, or

(b)notice of their rejection was not given within the relevant period from their deposit,

and if the work has been executed in accordance with the plans and of any requirement made by the local authority as a condition of passing the plans.]

[F197Subsection (5A) applies where—

(a)an application for building control approval is made to a building control authority in respect of any work that is not higher-risk building work,

(b)the application is granted, and

(c)work that is shown on the plans approved by the granting of the application (“the work”) is executed in accordance with—

(i)the plans, and

(ii)any requirement imposed by the building control authority.

(5A)A section 36 notice may not be given on the ground that the work contravenes—

(a)any building regulations or any requirement imposed by virtue of the regulations, or (as the case may be)

(b)any requirement under any of sections 19 to 25.]

(6)This section [F198does] [F198, and sections 35B and 35C, do] not affect the right of a [F199local authority] [F199building control authority], the Attorney General [F200, the Counsel General to the Welsh Government] or any other person to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any regulation or any provision of this Act; but if—

(a)[F201the work is one in respect of which plans were deposited,]

[F201an application for building control approval was made to the local authority in respect of the work,]

(b)[F201the plans were passed by the local authority, or notice of their rejection was not given within the relevant period from their deposit, and]

[F201the application was granted,]

(c)[F201the work has been executed in accordance with the plans,]

[F201the work was executed in accordance with—

(i)the plans approved by the granting of the application, and

(ii)any requirement imposed by the authority, and

(d)the work was not higher-risk building work,]

the court on granting an injunction has power to order the local authority to pay to the owner of the work such compensation as the court thinks just, but before making any such order the court shall in accordance with rules of court cause the local authority, if not a party to the proceedings, to be joined as a party to them.

Textual Amendments

F188Words in s. 36(1) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(3); S.I. 2023/993, reg. 2(n)(xi) (with reg. 7)

F189Words in s. 36(1)-(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(2); S.I. 2023/993, reg. 2(n)(xi) (with regs. 4, 7)

F190Words in s. 36(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(4)(a); S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 7)

F191Words in s. 36(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(4)(b); S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 7)

F193Words in s. 36(2)(c) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(4)(d); S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 7)

F194Words in s. 36(2)(ii) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(4)(e); S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 7)

F195Words in s. 36(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(g); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F196Words in s. 36(4) substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 39(3), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(r); S.I. 2023/914, reg. 2(b)(vi); S.I. 2023/993, reg. 2(i) (with reg. 7)

F197S. 36(5)(5A) substituted for s. 36(5) (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(5); S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 7)

F198Words in s. 36(6) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(6)(a); S.I. 2023/993, reg. 2(n)(xi) (with reg. 7)

F199Words in s. 36(6) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(6)(b); S.I. 2023/993, reg. 2(n)(xi) (with regs. 4, 7)

F200Words in s. 36(6) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(6)(c); S.I. 2023/993, reg. 2(n)(xi) (with reg. 7)

F201S. 36(6)(a)-(d) substituted for s. 36(6)(a)-(c) (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 32(6)(d); S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 7)

Modifications etc. (not altering text)

C38S. 36(2)–(6) amended by Midland Metro Act 1989 (c. xv), s. 45(10)s. 36(2)-(6) extended (27.7.1993) by 1993 c. xv, s. 55(10).S. 36(2)-(6) applied with modifications (21.7.1994) by 1994 c. XV, s. 58(10)

37 Obtaining of report where section 36 notice given.E+W

(1)In a case where—

(a)a person to whom a section 36 notice has been given gives to the [F202local authority] [F202building control authority] by whom the notice was given notice of his intention to obtain from a suitably qualified person a written report concerning work to which the section 36 notice relates, and

(b)such a report is obtained and submitted to the [F202local authority] [F202building control authority] and, as a result of their consideration of it, the [F202local authority] [F202building control authority] withdraw the section 36 notice,

the [F202local authority] [F202building control authority] may pay to the person to whom the section 36 notice was given such amount as appears to them to represent the expenses reasonably incurred by him in consequence of their having given him that notice including, in particular, his expenses in obtaining the report.

(2)Subject to subsection (3) below, if a person to whom a section 36 notice has been given gives notice under subsection (1)(a) above, then, so far as regards the matters to which the section 36 notice relates, the reference to 28 days in section 36(3) above shall be construed as a reference to 70 days.

(3)Notice under subsection (1)(a) above shall be given before the expiry of the period of 28 days referred to in section 36(3) above, or, as the case may be, within such longer period as [F203a court] [F203the appropriate court or tribunal] allows under section 36(3); and, where such a longer period has been so allowed before notice is given under subsection (1)(a) above, subsection (2) above does not apply.

Textual Amendments

F202Words in s. 37(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 33; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F203Words in s. 37(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 13; S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

38 Civil liability.E+W

(1)Subject to this section—

(a)breach of a duty imposed by building regulations, so far as it causes damage, is actionable, except in so far as the regulations provide otherwise, and

(b)as regards such a duty, building regulations may provide for a prescribed defence to be available in an action for breach of that duty brought by virtue of this subsection.

(2)Subsection (1) above, and any defence provided for in regulations made by virtue of it, do not apply in the case of a breach of such a duty in connection with a building erected before the date on which that subsection comes into force unless the regulations imposing the duty apply to or in connection with the building by virtue of section 2(2) [F204or 2A] above or paragraph 8 of Schedule 1 to this Act.

(3)This section does not affect the extent (if any) to which breach of—

(a)a duty imposed by or arising in connection with this Part of this Act or any other enactment relating to building regulations, or

(b)a duty imposed by building regulations in a case to which subsection (1) above does not apply,

is actionable, or prejudice a right of action that exists apart from the enactments relating to building regulations.

(4)In this section, “damage” includes the death of, or injury to, any person (including any disease and any impairment of a person’s physical or mental condition).

Textual Amendments

F204Words in s. 38(2) inserted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 4(3), 11(4)

Commencement Information

I5S. 38 in force at 1.12.1984 for specified purposes, see s. 134(1)(a)

Appeals in certain casesE+W

39 Appeal against refusal etc. to relax building regulations.E+W

(1)If a [F205local authority] [F205building control authority] refuse an application to dispense with or relax a requirement in building regulations that they have power to dispense with or relax, the applicant may by notice in writing appeal [F206to the Secretary of State] within one month from the date on which the [F205local authority] [F205building control authority] notify the applicant of their refusal.

[F207(1A)The appeal is to be made to—

(a)the regulator, in the case of a refusal by a local authority for an area in England;

(b)the tribunal, in the case of a refusal by the regulator;

(c)the Welsh Ministers, in the case of a refusal by a local authority for an area in Wales.]

(2)If, within—

(a)a period of two months beginning with the date of an application, or

(b)such extended period as may at any time be agreed in writing between the applicant and the [F208local authority] [F208building control authority],

the [F208local authority] [F208building control authority] do not notify the applicant of their decision on the application, subsection (1) above applies in relation to the application as if the [F208local authority] [F208building control authority] had refused the application and notified the applicant of their decision at the end of the said period.

(3)[F209The notice of appeal shall set out the grounds of appeal, and a copy of the notice of appeal shall be sent to the local authority.]

(4)[F209The local authority, on receiving a copy of the notice of appeal, shall at once transmit to the Secretary of State a copy of the application and a copy of all the documents furnished by the applicant for the purposes of his application.]

(5)[F209The local authority shall at the same time give to the Secretary of State in writing any representations that they desire to make as regards the appeal, and shall send a copy to the appellant.]

(6)[F209If the Secretary of State allows the appeal, he shall give such directions for dispensing with or relaxing building regulations as may be appropriate.]

Textual Amendments

F205Words in s. 39(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 34; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F206Words in s. 39(1) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 4(2); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F208Words in s. 39(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 34; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F209S. 39(3)-(6) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 4(4); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

[F21039AAppeals against compliance notices and stop notices etcE+W

(1)A person to whom a compliance notice has been given may appeal to the appropriate court or tribunal.

(2)Where an appeal under subsection (1) is made—

(a)the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and

(b)the specified period mentioned in section 35B(2) is treated as extended by the period—

(i)beginning with the day on which the appeal is made, and

(ii)ending with the day on which the appeal is finally determined or withdrawn.

(3)A person to whom a compliance notice has been given may apply to the appropriate court or tribunal for an extension of the period for the doing of the thing specified in the notice.

(4)Subsection (2) applies in relation to such an application as it applies in relation to an appeal under subsection (1).

(5)A person to whom a stop notice has been given may appeal to the appropriate court or tribunal.

(6)Where an appeal under subsection (5) is made—

(a)the appellant may apply to the appropriate court or tribunal for a direction that the stop notice is of no effect pending the final determination or withdrawal of the appeal, and

(b)unless and until any such direction is given, the stop notice continues to have effect despite the making of the appeal.]

Textual Amendments

F210S. 39A inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 38(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(q); S.I. 2023/914, reg. 2(b)(v); S.I. 2023/993, reg. 2(h)

40 Appeal against section 36 notice.E+W

(1)A person aggrieved by the giving of a section 36 notice may appeal to [F211a magistrates’ court] [F211the appropriate court or tribunal] F212....

(2)Subject to subsection (3) below, on an appeal under this section the court [F213or tribunal] shall—

(a)if it determines that the [F214local authority] [F214building control authority] were entitled to give the notice, confirm the notice, and

(b)in any other case, give the [F214local authority] [F214building control authority] a direction to withdraw the notice.

(3)If, in a case where the appeal is against a notice under section 36(2)

above, the court [F213or tribunal] is satisfied that—

(a)the [F215local authority] [F215building control authority] were entitled to give the notice, but

(b)in all the circumstances of the case the purpose for which was enacted the section of this Act by virtue of which the notice was given has been substantially achieved,

the court [F213or tribunal] may give a direction under subsection (2)(b) above.

(4)An appeal under this section shall be brought—

(a)within 28 days of the giving of the section 36 notice, or

(b)in a case where the person to whom the section 36 notice was given gives notice under section 37(1)(a) above, within 70 days of the giving of the section 36 notice.

(5)Where an appeal is brought under this section—

(a)the section 36 notice is of no effect pending the final determination or withdrawal of the appeal, and

(b)section 36(3) above has effect in relation to that notice as if after the words “28 days” there were inserted the words “(beginning, in a case where an appeal is brought under section 40 below, on the date when the appeal is finally determined or, as the case may be, withdrawn)”.

(6)If, on an appeal under this section, there is produced to the court [F213or tribunal] a report that has been submitted to the [F216local authority] [F216building control authority] under section 37(1) above, the court [F213or tribunal], in making an order as to costs, may treat the expenses incurred in obtaining the report as expenses incurred for the purposes of the appeal.

Textual Amendments

F211Words in s. 40(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(h); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F213Words in s. 40 inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 14; S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F214Words in s. 40(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 35; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F215Words in s. 40(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 35; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F216Words in s. 40(6) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 35; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

41 Appeal to Crown Court.E+W

(1)Where a person—

(a)is aggrieved by an order, determination or other decision of a magistrates’ court [F217under this Part of this Act, or under Part IV of this Act as it applies in relation to this Part,] [F217under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part,] and

(b)is not by any other enactment authorised to appeal to the Crown Court.

he may appeal to the Crown Court.

(2)Subsection (1) above does not confer a right of appeal in a case in which each of the parties concerned might under this Act have required that the dispute should be determined by arbitration instead of by a magistrates’ court.

Textual Amendments

F217Words in s. 41(1)(a) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 36; S.I. 2023/993, reg. 2(n)(xi)

42 Appeal and statement of case to High Court in certain cases.E+W

[F218(A1)Where the Secretary of State gives a decision on an application for a direction under section 8, any of the following may appeal to the High Court against the decision on a point of law—

(a)the applicant;

(b)the local authority;

(c)the registered building control approver.]

(1)Where the [F219Secretary of State gives] [F219Welsh Ministers give] a decision in proceedings—

(a)on an appeal under section 20 or 39 above,

(b)[F220on a reference under section 16 above or 50 below]

[F220on an appeal under section 50,] or

(c)on an application for a direction under section 8 above where the power of giving the direction is not exercisable by the [F221local authority] [F221building control authority],

the relevant person or the [F221local authority] [F221building control authority] or, as the case may be, the approved inspector may appeal to the High Court against the decision on a point of law.

(2)In subsection (1) above, “the relevant person” means—

(a)as regards an appeal under the said section 20 or 39, the appellant,

(b)[F222as regards a reference under the said section 16 or 50, the person on whose application the reference was made,]

[F222as regards an appeal under section 50, the person on whose application the appeal was made,]

(c)as regards such an application as is mentioned in subsection (1)(c) above, the applicant.

(3)At any stage of the proceedings on such an appeal[F223, reference] or application as is mentioned in subsection [F224(A1) or] (1) above—

(a)the [F225Secretary of State] [F225appropriate national authority] may state a question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court, and

(b)a decision of the High Court on a case so stated is deemed to be a judgment of the court within the meaning of section 16 of the M4[F226Senior Courts Act 1981] (appeals from the High Court to the Court of Appeal).

(4)In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court includes power to make rules—

(a)prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the [F227Secretary of State] [F227appropriate national authority], and

(b)providing for the [F227Secretary of State] [F227appropriate national authority], either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

(5)No appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

(6)In this section, “decision” includes a direction, and references to the giving of a decision shall be construed accordingly.

(7)[F228Until such day as the Secretary of State may by order appoint, subsections (1) and (2) above have effect as if—

(a)in subsection (1)(b), for “section 16 above or 50 below” there were substituted “section 30 above”,

(b)in subsection (1), the words “or, as the case may be, the approved inspector” were omitted, and

(c)in subsection (2)(b), for “section 16 or 50” there were substituted “section 30” and the words “(jointly with the local authority)” were inserted after

“application”.]

Textual Amendments

F219Words in s. 42(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(3)(a); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F221Words in s. 42(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 37; S.I. 2023/993, reg. 2(n)(xi) (with reg. 4)

F223Word in s. 42(3) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(5)(a); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F224Words in s. 42(3) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(5)(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F225Words in s. 42(3)(a) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(5)(c); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F227Words in s. 42(4) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(6); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F228S. 42(7) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 5(7); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

Commencement Information

I6S. 42(4)-(6) in force at 1.12.1984 for specified purposes, see s. 134(1)(a)

Marginal Citations

43 Procedure on appeal to Secretary of State on certain matters.E+W

[F229(1)On an appeal to the Secretary of State under section 20 or 39 above, the Secretary of State may at his discretion afford to the appellant and the local authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(2)On determining such an appeal, the Secretary of State shall give such directions, if any, as he considers appropriate for giving effect to his determination.

(3)Without prejudice to paragraph 10(c) of Schedule 1 to this Act, building regulations may, in connection with such an appeal, include such supplementary provisions with respect to procedure as the Secretary of State thinks fit.]

Textual Amendments

F229S. 43 omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 6; S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

Commencement Information

I7S. 43(3) in force at 1.12.1984 for specified purposes, see s. 134(1)(a)

[F23043AAppeals under sections 20, 39 and 50: EnglandE+W

(1)This section applies to an appeal to the regulator or the tribunal made under section 20(5), 39 or 50(2).

(2)On determining the appeal, the regulator or the tribunal may give any directions it considers appropriate for giving effect to its determination.

(3)Where the appeal is determined by the regulator, a relevant person may appeal to the tribunal against the regulator’s decision (and subsection (2) applies in relation to this appeal).

(4)“Relevant person” means—

(a)the appellant;

(b)the local authority or registered building control approver.]

Textual Amendments

Prospective

Application of building regulations to Crown etc.E+W

44 Application to Crown.E+W

(1)Except in so far as buildings regulations provide otherwise, the substantive requirements of building regulations—

(a)apply in relation to work carried out or proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) as they would apply if the person by or on behalf of whom the work was or is to be carried out were not a Crown authority, and

(b)so far as they consist of continuing requirements, apply to Crown authorities (whether or not in relation to Crown buildings) as they apply to persons who are not Crown authorities.

(2)In so far as building regulations so provide as regards any of the substantive requirements of building regulations, those requirements—

(a)apply in relation to work carried out or proposed to be carried out as mentioned in subsection (1)(a) above in inner London, and

(b)so far as they consist of continuing requirements, apply to Crown authorities there as mentioned in subsection (1)(b) above,

even if those requirements do not apply there in the case of work carried out or proposed to be carried out otherwise than by or on behalf of a Crown authority or, in the case of continuing requirements, do not apply there to persons other than Crown authorities.

(3)Except in so far as building regulations provide otherwise, building regulations and the enactments relating to building regulations—

(a)apply in relation to work carried out or proposed to be carried out in relation to a Crown building otherwise than by or on behalf of a Crown authority, and, in the case of section 2 above and building regulations made by virtue of it, apply in relation to a Crown building to persons other than Crown authorities, as they would apply if the building were not a Crown building, and

(b)apply in relation to work carried out or proposed to be carried out by or on behalf of a government department acting for a person other than a Crown authority as they would apply if the work had been or were to be carried out by that person.

(4)Section 38 above and any building regulations made by virtue of subsection (1) of that section apply in relation to duties imposed by building regulations in their application in accordance with subsections (1) to (3) above.

(5)Where—

(a)work is carried out or proposed to be carried out by or on behalf of a Crown authority, or

(b)a Crown authority is or (apart from any dispensation or relaxation) will be subject to continuing requirements,

that authority may exercise the like powers of dispensing with or relaxing the substantive requirements of building regulations or, as the case may be, the continuing requirements in question as are conferred on the Secretary of State and local authorities by virtue of section 8 above (other than a power that by virtue of paragraph 6 of Schedule 1 to this Act is exercisable otherwise than by a local authority), subject to—

(i)the like requirements as to consultation (if any) as apply by virtue of paragraph 3 of Schedule 1 to this Act in the case of a local authority (but not the requirements of the said section 8 as to consultation with the local authority), and

(ii)the like requirements as in the case of the Secretary of State apply by virtue of section 10 above,

and no application is necessary for the exercise of any such powers by virtue of this subsection.

(6)In relation to continuing requirements, references in subsection (5) above to section 8 above are references to it as modified by section 2(6) above.

(7)For the purposes of subsection (5) above, work carried out or proposed to be carried out by or on behalf of a government department acting for another Crown authority shall be treated as carried out or proposed to be carried out by or on behalf of that department (and not by or on behalf of the other Crown authority).

(8)In this section—

  • “continuing requirement” means a continuing requirement of building regulations imposed by virtue of section 2(1) or (2)(a) or (b) above;

  • “Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the crown (not being a person or body whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;

  • “Crown building” means a building in which there is a Crown interest or a Duchy interest;

  • “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;

  • “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.

(9)If any question arises under this section as to which Crown authority is entitled to exercise any such powers as are mentioned in subsection (5) above, that question shall be referred to the Treasury, whose decision is final.

(10)This section, with any necessary modifications, applies in relation to the making of a material change in the use of a building within the meaning of building regulations made for the purposes of paragraph 8(1)(e) of Schedule 1 to this Act as it applies in relation to the carrying out of work.

Modifications etc. (not altering text)

C39S. 44 extended (17.7.1992) by S.I. 1992/1732, art. 4(1)(a)

45 Application to United Kingdom Atomic Energy Authority.E+W

(1)The provisions of section 44(1) and (4) to (10) above apply in relation to the United Kingdom Atomic Energy Authority (in this section referred to as “the Authority”) as if—

(a)the Authority were a Crown authority,

(b)a building belonging to or occupied by the Authority were a Crown building, and

(c)the references in subsection (1) to not being a Crown authority were references to being neither a Crown authority nor the Authority,

but the said provisions do not by virtue of this subsection apply in relation to dwelling-houses or offices belonging to or occupied by the Authority.

(2)Subject to the said provisions as applied by subsection (1) above, building regulations and the enactments relating to building regulations do not apply in relation to buildings belonging to or occupied by the Authority, except dwelling-houses and offices.

Inner LondonE+W

46 Inner London.E+W

In its application to inner London, this Part of this Act has effect subject to Part I of Schedule 3 to this act.

[F231Building control authorities: restricted activities and functionsE+W

Textual Amendments

F231S. 46A and cross-heading inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 44(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(t); S.I. 2023/914, reg. 2(b)(ix)

46ABuilding control authorities: restricted activities and functionsE+W

(1)A building control authority may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the authority’s behalf, whose registration has effect in relation to work of that description.

(2)Before each exercise of a restricted function in relation to any work, a building control authority must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.

(3)The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the authority.

(4)In this section—

  • “restricted activity” means an activity that is prescribed for the purposes of this section;

  • “restricted function” means a function of a building control authority under—

    (a)

    this Part,

    (b)

    Part 3, or

    (c)

    regulations made under this Part or Part 3,

    that is prescribed for the purposes of this section.]

Part IIE+W Supervision of Building Work etc. otherwise than by [F232Local Authorities] [F232BUILDING CONTROL AUTHORITIES]

Textual Amendments

F232Words in Pt. 2 heading substituted (1.10.2023 except in relation to 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)

Supervision of plans and work by approved inspectorsE+W

47 Giving and acceptance of initial notice.E+W

(1)If—

(a)a notice in the prescribed form [F233relating to work that is not higher-risk building work] (called an “initial notice”) is given jointly to a local authority by a person intending to carry out [F234the] work and a person who is an approved inspector in relation to that work,

(b)the initial notice is accompanied by such plans of the work as may be prescribed,

(c)F235...and

(d)the initial notice is accepted by the local authority,

then, so long as the initial notice continues in force, the approved inspector by whom the notice was given shall undertake such functions as may be prescribed with respect to the inspection of plans of the work [F236to which the notice relates], the supervision of that work and the giving [F237and receiving] of certificates and other notices.

(2)A local authority to whom an initial notice is given—

(a)may not reject the notice except on prescribed grounds, and

(b)shall reject the notice if any of the prescribed grounds exists,

and, in a case where the work to which an inital notice relates is work of such a description that, if [F238plans of it had been deposited with] [F238an application for building control approval in respect of it had been made to] the local authority, the authority could, under any enactment, have imposed requirements as a condition of [F239passing the plans] [F239granting the application], the local authority may impose the like requirements as a condition of accepting the initial notice.

(3)Unless, within the prescribed period, the local authority to whom an initial notice is given give notice of rejection, specifying the ground or grounds in question, to each of the persons by whom the initial notice was give, the authority is conclusively presumed to have accepted the initial notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

[F240(3A)Subsection (3) does not apply in prescribed circumstances.]

(4)An initial notice—

(a)comes into force when it is accepted by the local authority, either by notice given within the prescribed period to each of the persons by whom it was given or by virtue of subsection (3) above, and

(b)subject to section 51(3) [F241below] [F241(final certificates) and section 53A (lapse of initial notice)], continues in force until—

(i)it is cancelled by a notice under section 52 below, [F242or]

[F243(ia)it is cancelled, in whole or in part, by a notice under section 52A,]

[F244(ib)it is cancelled by a notice under section 53D, or]

(ii)the occurrence of, or the expiry of a prescribed period of time beginning on the date of, such event as may be prescribed;

and building regulations may empower a local authority to extend (whether before or after its expiry) any such period of time as is referred to in paragraph (ii) above.

(5)The form prescribed for an initial notice may be such as to require—

(a)either or both of the persons by whom the notice is to be given to furnish information relevant for the purposes of this Act, Part II or IV of the M5Public Health Act 1936 or any provision of building regulations, and

(b)the approved inspector by whom the notice is to be given to enter into undertakings with respect to his performance of any of the functions referred to in subsection (1) above.

F245(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F246(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F247(8)This section is subject to sections 53 and 53B (new initial notices).]

Textual Amendments

F233Words in s. 47(1)(a) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 46(1)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(u); S.I. 2023/914, reg. 2(b)(x); S.I. 2023/993, reg. 2(l) (with regs. 4, 8)

F234Word in s. 47(1)(a) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 46(1)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(u); S.I. 2023/914, reg. 2(b)(x); S.I. 2023/993, reg. 2(l) (with regs. 4, 8)

F236Words in s. 47(1) substituted (14.10.1996) by S.I. 1996/1905, art. 3(2)(a)

F240S. 47(3A) inserted (6.4.2023 except in relation to W., 5.9.2023 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 40(3); S.I. 2023/362, reg. 3(1)(w)(ii); S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 16

F241Words in s. 47(4)(b) substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 36(3), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o); S.I. 2023/914, reg. 2(b)(iii); S.I. 2023/993, reg. 2(g) (with regs. 3, 5)

F242Word in s. 47(4)(b) omitted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), ss. 46(4)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(u); S.I. 2023/914, reg. 2(b)(x); S.I. 2023/993, reg. 2(l) (with reg. 8)

F243S. 47(4)(b)(ia) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 46(4)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(u); S.I. 2023/914, reg. 2(b)(x); S.I. 2023/993, reg. 2(l) (with reg. 8)

F244S. 47(4)(b)(ib) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 51(3)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F247S. 47(8) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 51(3)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

Modifications etc. (not altering text)

C40S. 47 excluded (21.7.1994) by 1994 c. xv, s. 58(9)

Marginal Citations

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 [F248to which the notice relates], and accordingly—

(a)a local authority may not give a notice under section [F24935B, 35C or] 36(1) above in relation to [F250that work], and

(b)a local authority may not institute proceedings under section 35 above for a contravention [F251of building regulations] that arises out of the carrying out of [F250that 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 [F252deposit of plans] [F252making of an application for building control approval],

(b)the plans accompanying an initial notice shall be treated as the [F253deposited plans] [F253plans accompanying the application for building control approval],

(c)the acceptance or rejection of an initial notice shall be treated as the [F254passing or, as the case may be, the rejection of plans] [F254approval or rejection of the application], and

(d)[F255the 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.]

[F255where 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 M6Highways Act 1980 (the advance payments code).

F256(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F248Words in s. 48(1) substituted (14.10.1996) by S.I. 1996/1905, art. 3(3)(a)

F250Words in s. 48(1)(a)(b) substituted (14.10.1996) by S.I. 1996/1905, art. 3(3)(b)

F251Words in s. 48(1)(b) omitted (1.10.2023 except in relation to 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)

Modifications etc. (not altering text)

C41S. 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

49 Approved inspectors.E+W

(1)In this Act, “approved inspector” means a person who, in accordance with building regulations, is approved for the purposes of this Part of this Act—

(a)by the Secretary of State, or

(b)by a body (corporate or unincorporated) that, in accordance with the regulations, is designated by the Secretary of State for the purpose.

(2)Any such approval as is referred to in subsection (1) above may limit the description of work in relation to which the person concerned is an approved inspector.

(3)Any such designation as is referred to in subsection (1)(b) above may limit the cases in which and the terms on which the body designated may approve a person and, in particular, may provide that any approval given by the body shall be limited as mentioned in subsection (2) above.

(4)There shall be paid on an application for any such approval as is referred to in subsection (1) above—

(a)where the application is made to the Secretary of State, such fee as may be prescribed,

(b)where the application is made to a body designated by him as mentioned in that subsection, such fee as that body may determine.

(5)Building regulations may—

(a)contain provision prescribing the period for which, subject to any provision made by virtue of paragraph (b) or (c) below, any such approval as is referred to in subsection (1) above continues in force,

(b)contain provision precluding the giving of, or requiring the withdrawal of, any such approval as is referred to in subsection (1) above in such circumstances as may be prescribed,

(c)contain provision authorising the withdrawal of any such approval or designation as is referred to in subsection (1) above,

(d)provide for the maintenance—

(i)by the Secretary of State of a list of bodies that are for the time being designated by him as mentioned in subsection (1) above, and

(ii)by the Secretary of State and by each designated body of a list of persons for the time being approved by him or them as mentioned in that subsection,

(e)make provision for the supply to local authorities of copies of any list of approved inspectors maintained by virtue of paragraph (d) above and for such copy lists to be made available for inspection, and

(f)make provision for the supply, on payment of a prescribed fee, of a certified copy of any entry in a list maintained by virtue of paragraph (d) above or in a copy list held by a local authority by virtue of paragraph (e) above.

(6)Unless the contrary is proved, in any proceedings (whether civil or criminal) a document that appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (5)(d) above or in a copy of such a list supplied as mentioned in subsection (5)(e) above—

(a)is presumed to be a true copy of an entry in the current list so maintained, and

(b)is evidence of the matters stated in it.

(7)An approved inspector may make such charges in respect of the carrying out of the functions referred to in section 47(1) above as may in any particular case be agreed between him and the person who intends to carry out the work in question or, as the case may be, by whom that work is being or has been carried out.

(8)Nothing in this Part of this Act prevents an approved inspector from arranging for plans or work to be inspected on his behalf by another person; but such a deletation—

(a)shall not extend to the giving of a certificate under section 50 or 51 below, and

(b)shall not affect any liability, whether civil or criminal, of the approved inspector which arises out of functions conferred on him by this Part of this Act or by building regulations,

and, without prejudice to the generality of paragraph (b) above, an approved inspector is liable for negligence on the part of a person carrying out an inspection on his behalf in like manner as if it were negligence by a servant of his acting in the course of his employment.

50 Plans certificates.E+W

[F257(1)Where an approved inspector—

(a)has inspected plans of the work [F258to which an initial notice given by him relates].

(b)is satisfied that the plans neither are defective nor show that work carried out in accordance with them would contravene any provision of building regulations, and

(c)has complied with any prescribed requirements as to consultation or otherwise,

he shall, if requested to do so by the person intending to carry out the work, give a certificate in the prescribed form (called a “plans certificate”) to the local authority and to that person.]

[F257(1)In this Part a “plans certificate” means a certificate by a registered building control approver that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the approver has given an initial notice).

(1A)The relevant conditions are that the registered building control approver—

(a)has inspected—

(i)full plans of the work, or

(ii)plans of the work that the approver is satisfied are sufficient for the purposes of giving a plans certificate in relation to the work,

(b)is satisfied that the plans are not defective,

(c)is satisfied that work carried out in accordance with the plans would not contravene any provision of building regulations, and

(d)has complied with any prescribed requirements as to consultation or otherwise.

(1B)Subsection (1C) applies if the person intending to carry out work to which an initial notice relates asks the registered building control approver who gave the initial notice to give a plans certificate in respect of the work.

(1C)If the relevant conditions are met, the approver must give a plans certificate to the local authority and the person intending to carry out the work.

(1D)A plans certificate must be in the prescribed form.]

(2)[F259If any question arises under subsection (1) above between an approved inspector and a person who proposes to carry out any work whether plans of the work are in conformity with building regulations, that person may refer the question to the Secretary of State for his determination.]

[F259If a registered building control approver refuses to give a plans certificate on being asked to do so, the person intending to carry out the work may appeal to—

(a)the regulator, in the case of work to be carried out in England;

(b)the Welsh Ministers, in the case of work to be carried out in Wales.]

(3)[F259An application for a reference under subsection (2) above shall be accompanied by such fee as may be prescribed.]

(4)Building regulations may authorise the giving of an initial notice combined with a [F260certificate under subsection (1)] [F260plans certificate] above, and may prescribe a single form for such a combined notice and certificate; and where such a prescribed form is used—

(a)a reference in this Part of this Act to an initial notice or to a plans certificate includes a reference to that form, but

(b)should the form cease to be in force as an ititial notice by virtue of section 47(4) above, nothing in that subsection affects the continuing validity of the form as a plans certificate.

(5)A plans certificate—

(a)may relate either to the whole or to part only of the work [F261to which the initial notice concerned relates], and

(b)does not have effect unless it is accepted by the local authority to whom it is given.

(6)A local authority to whom a plans certificate is given—

(a)may not reject the certificate except on prescribed grounds, and

(b)shall reject the certificate if any of the prescribed grounds exists.

(7)Unless, within the prescribed period, the local authority to whom a plans certificate is given give notice of rejection, specifying the ground or grounds in question, to—

(a)the approved inspector by whom the certificate was given, and

(b)the other person to whom the approved inspector gave the certificate,

the authority shall be conclusively presumed to have accepted the certificate.

[F262(7A)Building regulations may make further provision in connection with plans certificates, including in particular provision—

(a)requiring a plans certificate to be given to the local authority in prescribed cases;

(b)about the consequences of failing to comply with such a requirement (for example, for an initial notice to cease to have effect in whole or in part);

(c)requiring a plans certificate stating that the condition in subsection (1A)(a)(ii) is met to include prescribed information about the further plans that the registered building control approver considers need to be provided.]

(8)[F263If it appears to a local authority by whom a plans certificate has been accepted that the work to which the certificate relates has not been commenced within the period of three years beginning on the date on which the certificate was accepted, the authority may rescind their acceptance of the certificate by notice, specifying the ground or grounds in question, given—

(a)to the approved inspector by whom the certificate was given, and

(b)to the person shown in the initial notice concerned as the person intending to carry out the work.]

Textual Amendments

F257S. 50(1)-(1D) substituted for s. 50(1) (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 49(2)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F258Words in s. 50(1)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(4)(a)

F259S. 50(2) substituted for s. 50(2)(3) (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 8; S.I. 2023/993, reg. 2(o)(i) (with regs. 6, 8)

F260Words in s. 50(4) substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 49(2)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F261Words in s. 50(5)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(4)(b)

F262S. 50(7A) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 49(2)(c), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F263S. 50(8) omitted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), ss. 36(4), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o); S.I. 2023/914, reg. 2(b)(iii); S.I. 2023/993, reg. 2(g) (with regs. 3, 5)

51 Final certificates.E+W

F264[(1)Where an approved inspector is satisfied that any work to which an initial notice given by him relates has been completed, he shall give to the local authority by whom the initial notice was accepted such certificate with respect to the completion of the work and the discharge of his functions as may be prescribed (called a “final certificate”).]

(2)Section 50(5) to (7) above has effect in relation to a final certificate as if any reference in those subsections to a plans certificate were a reference to a final certificate.

(3)Where a final certificate—

(a)has been given with respect to any of the work [F265to which an initial notice relates], and

(b)has been accepted by the local authority concerned,

the initial notice ceases to apply to that work, but section 48(1) above continues to apply, by virtue of this subsection, in relation to that work as if the initial notice continued in force in relation to it.

Textual Amendments

F264S. 51(1) substituted (14.10.1996) by S.I. 1996/1905, art.4

F265Words in s. 51(3)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(5)

Modifications etc. (not altering text)

C42S. 51(1) restricted (prosp.) by Smoke Detectors Act 1991 (c. 37, SIF 15), ss. 5(3), 7(3).

[F26651A Variation of work to which initial notice relates.E+W

[F267(1)This section applies where it is proposed that the work to which an initial notice relates should be varied.]

[F267(1)This section applies where—

(a)it is proposed that the work to which an initial notice relates should be varied, and

(b)the work as varied is not higher-risk building work.]

(2)If—

(a)a notice in the prescribed form (called an “amendment notice”)—

(i)is given to the local authority by whom the initial notice was accepted, and

(ii)is jointly given by the approved inspector who gave the initial notice and by the person shown in the amendment notice as the person intending to carry out the relevant work,

(b)the amendment notice is accompanied by such plans of the proposed variation as may be prescribed,

F268(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the amendment notice—

(i)is accepted by the local authority giving notice of acceptance within the prescribed period to each of the persons by whom the amendment notice was given, or

(ii)is deemed to have been accepted by the local authority by virtue of subsection (5) below,

the work to which the initial notice relates shall be treated as varied as proposed in the amendment notice.

(3)A local authority to whom an amendment notice is given—

(a)may not reject the notice except on prescribed grounds, and—

(b)shall reject the notice if any of the prescribed grounds exists.

(4)Where the relevant work is of such a description that, if [F269plans of it had been deposited with] [F269an application for building control approval in respect of it had been made to] the local authority, the authority could, under any enactment, have imposed requirements as a condition of [F270passing the plans] [F270granting the application], the local authority may impose the like requirements as a condition of accepting the amendment notice.

(5)Unless, within the prescribed period, the local authority to whom an amendment notice is given give notice of rejection, specifying the ground or grounds in question, to each of the persons by whom the notice was given, the authority is conclusively presumed to have accepted it and to have done so without imposing any such requirements as are referred to in subsection (4) above.

[F271(5A)Subsection (5) does not apply in prescribed circumstances.]

(6)Section 47(5) shall apply in relation to the form prescribed for an amendment notice as it applies in relation to the form prescribed for an initial notice.

(7)In this section, references to the relevant work are to the work to which the initial notice, as proposed to be varied, relates.]

Textual Amendments

F266Ss. 51A, 51B, 51C inserted (14.10.1996) by S.I. 1996/1905, art.2

F267S. 51A(1) substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 46(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(u); S.I. 2023/914, reg. 2(b)(x); S.I. 2023/993, reg. 2(l) (with regs. 4, 8)

F271S. 51A(5A) inserted (6.4.2023 except in relation to W., 5.9.2023 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 42(3); S.I. 2023/362, reg. 3(1)(w)(iv); S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 17

[F27251B Effect of amendment noticeE+W

(1)For the purposes of the enactments specified in section 48(3) above—

(a)the giving of an amendment notice accompanied by such plans as are referred to in section 51A(2)(b) above shall be treated as the [F273deposit of plans] [F273making of an application for building control approval],

(b)the acceptance or rejection of an amendment notice shall be treated as the [F274passing, or, as the case may be, the rejection of plans] [F274approval or rejection of the application],

(c)where an initial notice is varied by an amendment notice, the [F275deposited plans] [F275plans treated as accompanying the application for building control approval] shall be treated—

(i)as including the plans accompanying the amendment notice, and

(ii)as excluding such of the plans previously treated as [F276the deposited plans] [F276accompanying the application] as are superseded by the plans accompanying the amendment notice, and

(d)where an initial notice has been varied by an amendment notice[F277, the cancellation of the initial notice under section 52(5) below shall be treated as a declaration under section 32 above that the deposit of plans constituted by the giving of the amendment notice is of no effect.] [F277and the 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).]

F278(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F272Ss. 51A, 51B, 51C inserted (14.10.1996) by S.I. 1996/1905, art.2

[F27951C Change of person intending to carry out workE+W

(1)This section applies where it is proposed that the work to which an initial notice relates should be carried out by a different person.

(2)If—

(a)the approved inspector who gave the initial notice, and

(b)the person who now proposes to carry out the work to which the initial notice relates,

jointly give written notice of the proposal to the local authority by whom the initial notice was accepted, the initial notice shall be treated as showing as the person intending to carry out the work to which it relates the person mentioned in the notice under this section.]

Textual Amendments

F279Ss. 51A, 51B, 51C inserted (14.10.1996) by S.I. 1996/1905, art.2

52 Cancellation of initial notice.E+W

(1)If, at a time when an initial notice is in force—

(a)the approved inspector becomes or expects to become unable to carry out (or to continue to carry out) his functions with respect to any of the work [F280to which the initial notice relates],

(b)the approved inspector is of the opinion that any of the work is being so carried out that he is unable adequately to carry out his functions with respect to it, [F281or]

(c)the approved inspector is of the opinion that there is a contravention of any provision of building regulations with respect to any of that work and the circumstances are as mentioned in subsection (2) below,

[F282(d)the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates,

(e)the registered building control approver is given a disciplinary order under section 58U(2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention), or

(f)it appears to the registered building control approver that a prescribed circumstance exists,]

the [F283approved inspector shall] [F283registered building control approver, or in the case of paragraph (e) the person shown in the initial notice as the registered building control approver, must] cancel the initial notice by notice in the prescribed form given to the local authority concerned and to the person carrying out or intending to carry out the work.

(2)The circumstances referred to in subsection (1)(c) above are—

(a)that the approved inspector has, in accordance with building regulations, given notice of the contravention to the person carrying out the work [F284or intending to carry out the work], and

(b)that, within the prescribed period, [F285the prescribed steps are not taken by the person who, in accordance with building regulations, is required to take them].

[F286(3)If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work [F287to which the notice relates] that the approved inspector is no longer willing or able to carry out his functions with respect to any of that work, he shall cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the approved inspector.]

[F286(3)If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work to which the notice relates that—

(a)the registered building control approver is no longer willing or able to carry out the registered building control approver’s functions with respect to any of that work, or

(b)a prescribed circumstance exists,

the person must cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the registered building control approver.]

(4)If a person fails without reasonable excuse to give to a local authority a notice that he is required to give by subsection [F288(1) or] (3) above, he is liable on summary conviction to a fine [F289not exceeding level 5 on the standard scale].

(5)[F290If, at a time when an initial notice is in force, it appears to the local authority by whom the initial notice was accepted that the work to which the initial notice relates has not been commenced within the period of three years beginning on the date on which the initial notice was accepted, the authority may cancel the initial notice by notice in the prescribed form given

(a)to the approved inspector by whom the initial notice was given, and

(b)to the person shown in the initial notice as the person intending to carry out the work.]

[F291(5A)If, at a time when an initial notice is in force, it appears to the local authority concerned that a condition in subsection (5B) is satisfied, the authority must cancel the initial notice by notice in the prescribed form given to—

(a)the person shown in the initial notice as the registered building control approver, and

(b)the person shown in the initial notice as the person intending to carry out the work.

(5B)The conditions are—

(a)the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates;

(b)the registered building control approver is given a disciplinary order under section 58U(2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention);

(c)the registered building control approver is given a disciplinary order under section 58U(2)(d) (cancellation of registration);

(d)the registered building control approver has their registration cancelled under section 58Z6(2) (serious contravention notices);

(e)a prescribed circumstance exists.]

(6)A notice under subsection (1), (3)

or (5) above has the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given.

[F292(7)Before cancelling an initial notice under subsection (5A) based on a condition in subsection (5B)(a), (b) or (e), the local authority must—

(a)give the person shown in the initial notice as the registered building control approver a notice in the prescribed form at least seven days before the day on which the initial notice is to be cancelled, and

(b)have regard to any representations made to the local authority during that period.]

Textual Amendments

F280Words in s. 52(1)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(6)(a)

F281Word in s. 52(1) omitted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by virtue of Building Safety Act 2022 (c. 30), ss. 50(2)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F282S. 52(1)(d)-(f) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 50(2)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F283Words in s. 52(1) substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 50(2)(c), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F286S. 52(3) substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 50(3), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F287Words in s. 52(3) substituted (14.10.1996) by S.I. 1996/1905, art. 3(6)(b)

F288Words in s. 52(4) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 50(4), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F289Words in s. 52(4) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 44(2); S.I. 2023/993, reg. 2(n)(xviii)

F290S. 52(5) omitted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), ss. 36(5), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o); S.I. 2023/914, reg. 2(b)(iii); S.I. 2023/993, reg. 2(g) (with regs. 3, 5)

F291S. 52(5A)(5B) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 50(5), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F292S. 52(7) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 50(6), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, <