The Building (Restricted Activities and Functions) (England) Regulations 2023

Restricted activities and functions: local authorities E+W

3.—(1) For the purposes of section 46A(1) of the 1984 Act, in relation to local authorities, each of the following activities is prescribed as a restricted activity—

(a) where plans relating to any building work are submitted to a local authority under any provision of the 2010 Regulations, the checking of those plans for compliance with any requirement of the building regulations(1) which is applicable to the work;

(b) where an inspection of building work is to be carried out by a local authority for the purpose of checking compliance with any requirement of the building regulations which is applicable to the work, the carrying out of that inspection and scheduling the stages or points for inspections.

(2) For the purposes of section 46A(2) of the 1984 Act, in relation to local authorities, each of the following functions is prescribed as a restricted function—

(a) determining an application for a direction under section 8 of the 1984 Act (relaxation of building regulations)(2);

(b) determining an application for building control approval(3) under regulation 14A of the 2010 Regulations (determination of applications for building control approval with full plans) including exercising, in relation to such an application, a power in—

(i) section 19(1) of the 1984 Act (use of short-lived materials),

(ii) section 21(4) of the 1984 Act (provision of drainage), or

(iii) section 25(1) of the 1984 Act (provision of water supply);

(c) fixing a period on the expiration of which a building or work must be removed, extending such a period, imposing conditions in relation to a building or varying such conditions, under section 19(2) or (3) of the 1984 Act (use of short-lived materials);

(d) requiring a building to be drained in combination under section 22 of the 1984 Act (drainage of buildings in combination);

(e) giving consent under section 23 of the 1984 Act (provision of facilities for refuse);

(f) giving a notice or granting a certificate under section 25(3) of the 1984 Act (provision of water supply);

(g) giving a certificate under regulation 17 or 17A of the 2010 Regulations (completion certificates and partial completion certificates)(4);

(h) deciding, where regulation 18 of the 2010 Regulations (unauthorised building work) applies, whether—

(i) a regularisation certificate under regulation 18 of the 2010 Regulations may be given;

(ii) any reasonable steps are required under regulation 18(3) of the 2010 Regulations;

(i) deciding, where [F1 regulation 22(1) of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (local authority powers in relation to partly completed work)] applies, whether—

(i) plans given under [F2 regulation 22(2)(a)] of those Regulations are sufficient to show that the intended work would not contravene any requirement of the 2010 Regulations;

(ii) an owner should be required to cut into, lay open or pull down any of the work under [F3 regulation 22(2)(b)] of those Regulations;

(j) exercising any power under section 33 of the 1984 Act (tests for conformity with building regulations);

(k) deciding, for the purposes of section 35 of the 1984 Act (offence of contravening building regulations etc), whether there is a contravention of a provision of the building regulations or a requirement imposed by virtue of any such provision;

(l) giving a compliance notice under section 35B of the 1984 Act (compliance notices)(5);

(m) giving a stop notice under section 35C of the 1984 Act (stop notices);

(n) giving a section 36 notice(6) or deciding to pull down or remove work or effect alterations in it as deemed necessary under section 36(3) of the 1984 Act;

(o) deciding whether to withdraw a section 36 notice following the giving of a written report under section 37(1)(a) of the 1984 Act;

(p) giving a notice under section 52A(4) of the 1984 Act (cancellation of initial notice)(7).

Textual Amendments

F1 Words in reg. 3(2)(i) substituted (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 41(a)

F2 Words in reg. 3(2)(i) substituted (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 41(b)

F3 Words in reg. 3(2)(i) substituted (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 41(c)

Commencement Information

I1 Reg. 3 in force at 6.4.2024, see reg. 1(3)

(1)

See section 122 of the 1984 Act for the definition of “building regulations”.

(2)

Sections 8, 19, 21, 22, 23 and 25 of the 1984 Act were amended by Schedule 5 to the Building Safety Act 2022.

(3)

See paragraph 1B of Schedule 1 to the 1984 Act for the definition of building control approval. Paragraph 1B was inserted by section 33 of the Building Safety Act 2022. Regulation 14A was inserted into the 2010 Regulations by S.I. 2023/911.

(4)

Regulation 17A was inserted into the 2010 Regulations by S.I. 2012/3119.

(5)

Section 35B and 35C were inserted into the 1984 Act by section 38 of the Building Safety Act 2022 (c. 30).

(6)

See the definition in section 36(4) of the Building Act 1984.

(7)

Section 52A was inserted into the 1984 Act by section 46 of the Building Safety Act 2022.