The Building (Amendment) Regulations 2001

Transitional provisions

4.—(1) Subject to paragraph (2), where before 1st April 2002 building work has commenced in accordance with—

(a) a building notice given to, or full plans deposited with, a local authority under regulation 12(2) of the principal Regulations and a notice given to the local authority under regulation 15(1) of the principal Regulations; or

(b) an initial notice, an amendment notice or a public body’s notice(1) given in accordance with section 47(1), 51A(2) or 54(1) respectively of the Act,

the principal Regulations and the provisions of the Act repealed or modified by regulation 3 shall continue to apply to that building work as if these Regulations had not been made.

(2) Where an initial notice given before 1st April 2002 is varied by an amendment notice given on or after that date, the principal Regulations and the provisions of the Act repealed or modified by regulation 3 shall continue to apply as if these Regulations had not been made, to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

(3) Where before 1st April 2002 full plans of building work have been deposited with a local authority in accordance with regulation 12(2) of the principal Regulations and the local authority has, before that date—

(a) given notice under section 16(6) of the Act that they have passed those plans without conditions; or

(b) signified in writing to the person by whom or on whose behalf the plans were deposited that any condition subject to which they passed the plans has been fully met,

the principal Regulations and the provisions of the Act repealed or modified by regulation 3 shall continue to apply to that building work as if these Regulations had not been made, whether or not the building work departs from those plans.

(4) Where plans of building work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st April 2002 in accordance with section 50 of the Act, and accepted by the local authority either before, on or after that date, the principal Regulations and the provisions of the Act repealed or modified by regulation 3 shall continue to apply to that building work as if these Regulations had not been made, whether or not the building work departs from those plans.

(5) Paragraphs (1) to (4) shall not apply to the amendment made by these Regulations to regulation 18 of the principal Regulations.

(6) In paragraphs (1) to (4) “building work” has the same meaning as in the principal Regulations.

(1)

As respects initial notices, amendment notices and public body’s notices see respectively, sections 47, 51A and 54 of the Building Act 1984.