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Part IE+W Building Regulations

Modifications etc. (not altering text)

C3Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)

C4Pt. 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))

C5Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8

[F1Notices in respect of contraventionsE+W

Textual Amendments

F1Ss. 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.]