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Part IVE+WGeneral

Duties of local authorities [F1etc] E+W

Textual Amendments

91 Duties of local authorities [F2and the regulator].E+W

(1)It is the duty of local authorities to carry this Act into execution in their areas, subject to—

[F3(za)subsection (3) of this section and regulations under section 91ZD,]

(a)the provisions of this Act relating to certain other authorities or persons,

(b)the provisions of Part I of the M1Public Health Act 1936 relating to united districts and joint boards,

(c)section 151 of the M2Local Government, Planning and Land Act 1980 (urban development areas), and

(d)section 1(3) of the M3Public Health (Control of Disease) Act 1984 (port health authorities).

(2)It is the function of local authorities to enforce building regulations in their areas, subject to [F4sections 5(3), 48(1) and 53(2) above . . . F5.] [F4—

(a)subsection (3) of this section,

(b)sections 5(3), 48(1) and 53(2), and

(c)regulations under section 91ZD.]

[F6(3)In cases where section 91ZA or 91ZB provides that the regulator is the building control authority, it is the duty of the regulator (and not the local authority in question)—

(a)to carry Part 1 of this Act into execution, and

(b)to enforce building regulations.]

Textual Amendments

F2Words in s. 91 heading inserted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(d), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)

F3S. 91(1)(za) inserted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)

F4Words in s. 91(2) substituted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)

F6S. 91(3) inserted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(c), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)

Marginal Citations

[F791ZAThe regulator: building control authority for higher-risk buildings in EnglandE+W

(1)The regulator is the building control authority in relation to any higher-risk building in England or any proposed such building.

(2)This includes the regulator being the building control authority as regards—

(a)any work relating to a building in England that is not a higher-risk building that causes it to become such a building, and

(b)any work relating to a higher-risk building in England that causes it to cease to be such a building.

(3)In this Act “higher-risk building work”, in relation to England, means any work for which the regulator is the building control authority by virtue of this section.

(4)For the meaning of “higher-risk building” see section 120D.

Textual Amendments

F7Ss. 91ZA-91ZD inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 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. 32(3), 170(4); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/914, reg. 2(a); S.I. 2023/993, reg. 2(f) (with reg. 4)

91ZBThe regulator: building control authority for other workE+W

(1)This section applies in relation to work of a prescribed description (“the work”) that is to be carried out in England and has a prescribed connection with any higher-risk building work.

(2)Where—

(a)the regulator and the person intending to carry out the work, acting jointly, give a notice under this section (a “regulator’s notice”) to the local authority for the area in which the work is to be carried out, and

(b)the regulator’s notice is accepted (or treated as accepted) by the local authority,

the regulator is the building control authority in relation to the work.

(3)A regulator’s notice may not be given if any of the following has been given to the local authority in relation to the work (or any part of it)—

(a)an application for building control approval;

(b)an initial notice (within the meaning of section 47);

(c)a public body’s notice (within the meaning of section 54).

Textual Amendments

F7Ss. 91ZA-91ZD inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 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. 32(3), 170(4); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/914, reg. 2(a); S.I. 2023/993, reg. 2(f) (with reg. 4)

91ZCSection 91ZB: supplementaryE+W

(1)This section supplements section 91ZB.

(2)A local authority to whom a regulator’s notice is given must reject the notice if any prescribed ground exists, and must otherwise accept the notice.

(3)A notice of rejection must be given within the prescribed period, and must specify the ground or grounds in question.

(4)The person intending to carry out the work may appeal to the tribunal against a decision of the local authority to reject the regulator’s notice.

(5)Where a local authority to whom a regulator’s notice is given does not—

(a)give a notice of rejection in accordance with subsection (3), or

(b)give a notice of acceptance within the period mentioned in that subsection,

the authority is treated as having accepted the regulator’s notice at the end of that period.

(6)As regards any notice under section 91ZB or this section, building regulations may make provision about—

(a)the form and content of the notice;

(b)the information and documents that must accompany it;

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

Textual Amendments

F7Ss. 91ZA-91ZD inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 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. 32(3), 170(4); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/914, reg. 2(a); S.I. 2023/993, reg. 2(f) (with reg. 4)

91ZDHigher-risk buildings in Wales: local authority workE+W

(1)Building regulations may make provision about cases where a local authority for an area in Wales (“the relevant local authority”) proposes to carry out higher-risk building work in that area.

(2)The regulations may in particular—

(a)restrict (or prevent) the exercise by the relevant local authority of prescribed functions in relation to the higher-risk building work;

(b)require the relevant local authority to notify the Welsh Ministers of prescribed matters;

(c)confer on the Welsh Ministers a power to designate another local authority as the building control authority in relation to the higher-risk building work (instead of the relevant local authority);

(d)confer on the Welsh Ministers a power to require the relevant local authority to provide specified information, for the purposes of deciding whether to exercise the power of designation.

(3)The regulations may also provide, in cases where a local authority is designated as the building control authority in relation to the higher-risk building work, that the relevant local authority and the designated local authority may agree that the designated local authority is to be the building control authority in relation to any work of a prescribed description that has a prescribed connection with the higher-risk building work.

(4)Where, as a result of regulations made by virtue of subsection (2)(c) or (3), a designated local authority is the building control authority in relation to any work, as regards that work—

(a)prescribed functions are functions of the designated local authority (rather than the relevant local authority);

(b)the designated local authority (rather than the relevant local authority) must perform such functions relating to enforcement as may be prescribed.]

Textual Amendments

F7Ss. 91ZA-91ZD inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 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. 32(3), 170(4); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/914, reg. 2(a); S.I. 2023/993, reg. 2(f) (with reg. 4)

[F891ARegisters to be kept by local authorities [F9and the regulator]E+W

(1)A [F10local authority] [F10relevant authority] shall keep in a register such information and documents as may be prescribed in connection with their functions, powers and duties conferred or imposed by or under this Act.

(2)The information and documents that may be prescribed for the purposes of subsection (1) above include, in particular—

(a)documents that are given or issued to[F11, or deposited with,] a [F12local authority] [F12relevant authority] in accordance with provision made by or under this Act, or copies of such documents;

(b)copies of documents that are given, made or issued by a [F12local authority] [F12relevant authority] in accordance with provision so made;

(c)information with respect to documents of the kind mentioned in paragraph (a) or (b);

(d)information with respect to matters to which such documents relate.

(3)Information and documents that are required to be kept in a register under subsection (1) above shall be so kept for the prescribed period.

(4)A [F13local authority] [F13relevant authority]—

(a)shall maintain the register required under subsection (1) above in the prescribed manner;

(b)shall ensure that the register is available for inspection by members of the public during prescribed periods;

(c)shall, in prescribed circumstances, provide to members of the public, on request, copies of information and documents kept in the register;

(d)may, in prescribed circumstances, charge a member of the public to whom they provide such copies a fee calculated in the prescribed manner.

(5)In this section—

F16(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F9Words in s. 91A heading inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 55(5); S.I. 2023/993, reg. 2(n)(xxiii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F10Words in s. 91A(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. 55(2); S.I. 2023/993, reg. 2(n)(xxiii) (with reg. 4)

F11Words in s. 91A(2)(a) 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. 55(3); S.I. 2023/993, reg. 2(n)(xxiii)

F12Words in s. 91A(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. 55(2); S.I. 2023/993, reg. 2(n)(xxiii) (with reg. 4)

F13Words in s. 91A(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. 55(2); S.I. 2023/993, reg. 2(n)(xxiii) (with reg. 4)