Building Act 1984

Supervision of their own work by public bodies E+W

54 Giving, acceptance and effect of public body’s notice. E+W

(1) This section applies where a body (corporate or unincorporated that acts under an enactment for public purposes and not for its own profit and is, or is of a description that is, approved by the [F1 appropriate national authority] in accordance with building regulations (in this Part of this Act referred to as a “public body”)—

(a) intends to carry out in relation to a building belonging to it work to which the substantive requirements of building regulations apply.

(b) considers that the work can be adequately supervised by its own servants or agents, and

(c) gives to the local authority in whose district the work is to be carried out notice in the prescribed form (called a “public body’s notice”) together with such plans of the work as may be prescribed.

[F2 (1A) A public body’s notice is of no effect to the extent that it relates to higher-risk building work in England (and accordingly Schedule 4 does not have effect in relation to such work).]

(2) A public body’s notice is of no effect unless it is accepted by the local authority to whom it is given; and that local authority—

(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 the public body’s notice relates is work of such a description that, if [F3 plans of if had been deposited with] [F3 an application for building control approval in respect of it had been made to] the local authority, the authority could, under an enactment, have imposed requirements as a condition of [F4 passing the plans] [F4 granting the application], the local authority may impose the like requirements as a condition of accepting the public body’s notice.

(3) Unless, within the prescribed period, the local authority to whom a public body’s notice is given give notice of rejection, specifying the ground or grounds in question, the authority is conclusively presumed to have accepted the public body’s notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

(4) Section 48 above has effect for the purposes of this section—

(a) with the substitution of a reference to a public body’s notice for any reference to an initial notice, [F5 and]

(b) with the substitution, in subsection (2)(a), of a reference to subsection (1)(c) of this section for the reference to section 47(1)(b) [F6 , and

(c) with the substitution, in subsection (2)(d), of a reference to paragraph 4A of Schedule 4 for the reference to section 53A.]

(5) The form prescribed for a public body’s notice may be such as to require the public body by whom it is to be given—

(a) to furnish information relevant for the purposes of this Act, Part II or IV of the M1 Public Health Act 1936 or any provision of building regulations, and

(b) to enter into undertakings with respect to consultation and other matters.

(6) Where a public body’s notice is given and accepted by the local authority to whom it is given, the provisions of Schedule 4 to this Act have effect, being provisions that correspond, as nearly as may be, to those made by the preceding provisions of this Part of this Act for the case where an initial notice is given and accepted.

Textual Amendments

F1 Words in s. 54(1) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 46(2); S.I. 2022/561, reg. 3(f), Sch. para. 25; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 18

F2 S. 54(1A) inserted (1.10.2023) by The Building (Public Bodies and Higher-Risk Building Work) (England) Regulations 2023 (S.I. 2023/504), regs. 1(2), 3; S.I. 2023/993, reg. 2(f) (with reg. 4)

F3 Words in s. 54(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. 46(3)(a); S.I. 2023/993, reg. 2(n)(xx)

F4 Words in s. 54(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. 46(3)(b); S.I. 2023/993, reg. 2(n)(xx)

F5 Word in s. 54(4)(a) 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(8)(a), 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)

F6 S. 54(4)(c) and words 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. 36(8)(b), 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)

Marginal Citations

M1 1936 c. 49.

[F7 54A Public bodies and higher-risk building work E+W

(1) The appropriate national authority may by regulations make such amendments of the provisions listed in subsection (2) as the authority considers appropriate in connection with higher-risk building work.

(2) The provisions are—

(a) section 5;

(b) section 54;

(c) Schedule 4.]

Textual Amendments

F7 S. 54A inserted (1.4.2023 except in relation to W., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), ss. 47, 170(4)(b)(c); S.I. 2023/362, reg. 2(1)(e); S.I. 2023/914, reg. 2(b)(xi)