The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

Modification of section 171H (temporary stop notices: compensation)

6.  Section 171H applies as if for it there were substituted—

“171H.— (1) Subject to paragraph (2), this section applies where—

(a) a temporary stop notice is issued; and

(b) either—

(i) it is determined that there has not been a breach of planning control; or

(ii) the authority withdraws the notice.

(2) This section does not apply in a case where a person is member of the Responsible Actors Scheme on or after the day on which a copy of the notice is first displayed as mentioned in section 171E(6), whether or not their membership has been treated as having retrospective effect.

(3) A person who at the time the notice is served has an interest in the land to which the notice relates is entitled to be compensated by the local planning authority in respect of any loss or damage directly attributable to the prohibition effected by the notice.

(4) Subsections (3) to (7) of section 186 apply in relation to a claim for compensation payable under this section—

(a) as they apply to compensation payable under that section; and

(b) reading each reference to a “stop notice” in those subsections as if it were a reference to a temporary stop notice.”.