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Building Act 1984

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Legislation Crest

Building Act 1984

1984 CHAPTER 55

An Act to consolidate certain enactments concerning building and buildings and related matters.

[31st October 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C4Act: powers transferred (1.7.1999) except in relation to specified provisions by S.I. 1999/672, art. 2, Sch. 1

C8Act: functions transferred (1.4.2018) by Wales Act 2017 (c. 4), ss. 54(1)(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)

Part IE+W Building Regulations

Modifications etc. (not altering text)

C12Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)

C13Pt. 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))

C14Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8

Power to make building regulationsE+W

1 Power to make building regulations.E+W

(1)The [F1Secretary of State] [F1appropriate national authority] may, for any of the purposes of—

(a)securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings,

[F2(b)furthering the conservation of fuel and power,

(c)preventing waste, undue consumption, misuse or contamination of water,

(d)furthering the protection or enhancement of the environment,

(e)facilitating sustainable development, or

(f)furthering the prevention or detection of crime,]

make regulations with respect to the [F3matters mentioned in subsection (1A) below].

[F4(1A)Those matters are—

(a)the design and construction of buildings;

(b)the demolition of buildings;

(c)services, fittings and equipment provided in or in connection with buildings.]

(2)Regulations made under subsection (1) above are known as building regulations.

(3)Schedule 1 to this Act has effect with respect to the matters as to which building regulations may provide.

(4)The power to make building regulations is exercisable by statutory instrument, which is [F5subject to annulment in pursuance of a resolution of either House of Parliament.] [F5—

(a)in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;

(b)in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.]

Textual Amendments

F2 S. 1(1)(b)-(f) substituted for (1)(b)(c) (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22) , ss. 1(1) , 11(4)

F3 Words in s. 1(1) substituted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22) , ss. 1(2) , 11(4)

[F61ABuildings of special historical or architectural interestE+W

(1)In making building regulations the [F7Secretary of State] [F7appropriate national authority] shall have regard, in particular, to the desirability of preserving the character of protected buildings that are of special historical or architectural interest.

(2) In this section “ protected buildings ” means—

(a)listed buildings within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990 (see section 1(5) of that Act); and

(b)buildings situated in areas designated as conservation areas under section 69 of that Act.]

Textual Amendments

2 Continuing requirements.E+W

(1)Building regulations may impose on owners and occupiers of buildings to which building regulations are applicable such continuing requirements as the [F8Secretary of State] [F8appropriate national authority] considers appropriate for securing, with respect to any provision of building regulations designated in the regulations as a provision to which those requirements relate, that the purposes of that provision are not frustrated; but a continuing requirement imposed by virtue of this subsection does not apply in relation to a building unless a provision of building regulations so designated as one to which the requirement relates applies to that building.

(2)Building regulations may impose on owners and occupiers of buildings of a prescribed class (whenever erected, and whether or not any building regulations were applicable to them at the time of their erection) continuing requirements with respect to all or any of the following matters—

(a)the conditions subject to which any services, fittings or equipment provided in or in connection with a building of that class may be used,

(b)the inspection and maintenance of any services, fittings or equipment so provided,

(c)the making of reports to a prescribed authority on the condition of any services, fittings or equipment so provided,

and so much of paragraph 8 of Schedule 1 to this Act as restricts the application of building regulations does not apply to regulations made by virtue of this subsection.

(3)If a person contravenes a continuing requirement imposed by virtue of this section, the local authority, without prejudice to their right to take proceedings for a fine in respect of the contravention, may—

(a)execute any work or take any other action required to remedy the contravention, and

(b)recover from that person the expenses reasonably incurred by them in so doing.

(4)Where a local authority have power under subsection (3) above to execute any work or take any other action, they may, instead of exercising that power, by notice require the owner or the occupier of the building to which the contravention referred to in that subsection relates to execute that work or take that action.

(5)Sections 99 and 102 below apply in relation to a notice given under subsection (4) above, subject to the modification that references in those sections to the execution of works are references to the execution of works or the taking of other action, and references to works shall be construed accordingly.

(6)Sections 8, 9, 10 and 39 below have effect in relation to continuing requirements imposed by virtue of this section subject to the modification that a direction under the said sections 8 and 9 below shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction.

Textual Amendments

[F92AContinuing requirements in relation to fuel, power and emissionsE+W

(1)Building regulations may impose, on owners and occupiers of buildings, continuing requirements that fall within subsection (2) below.

(2)A continuing requirement falls within this subsection if—

(a)it requires the inspection and testing of a building—

(i)as respects the use of fuel and power in or in connection with the building; or

(ii)as respects its contribution to or effect on emissions (whether or not from the building) of smoke, gases, vapours or fumes;

(b)it requires the inspection and testing of any service, fitting or equipment provided in or in connection with a building—

(i)as respects the use of fuel and power in or in connection with the service, fitting or equipment; or

(ii)as respects its contribution to or effect on emissions (whether or not from it or the building) of smoke, gases, vapours or fumes;

(c)it requires the implementation, in relation to a building, or any service, fitting or equipment provided in or in connection with a building, of—

(i)measures for the purpose mentioned in section 1(1)(b) above; or

(ii)measures (otherwise than for that purpose) that are calculated to secure, or to contribute to, the prevention or reduction of emissions (whether or not from the building in question or a thing provided in or in connection with it) of smoke, gases, vapours or fumes;

(d)it requires the keeping of records in relation to matters within paragraph (a), (b) or (c); or

(e)it requires the making of reports in relation to any of those matters to a prescribed authority.

(3)Those requirements may be imposed in the case of buildings, or in the case of services, fittings and equipment provided in or in connection with buildings, irrespective of both—

(a)when the buildings were erected; and

(b)whether building regulations were applicable to them at the time of their erection.

(4)Subsections (3) to (6) of section 2 above apply in relation to continuing requirements imposed by virtue of this section as they apply in relation to continuing requirements imposed by virtue of that section.

(5)Paragraph 8(2) of Schedule 1 to this Act does not impose any restriction on the building regulations that may be made by virtue of this section.]

Textual Amendments

[F102BOptional requirementsE+W

(1)Building regulations made by the Secretary of State in relation to England may include a requirement that applies only where a planning authority makes compliance with the requirement a condition of a grant of planning permission.

(2)In the following provisions of this section, a requirement included in building regulations by virtue of subsection (1) is referred to as an “optional requirement”.

(3)Building regulations may specify that an optional requirement is capable of applying only in respect of development of a kind described in the regulations.

(4)Building regulations may specify conditions that must be satisfied before a planning authority may make compliance with an optional requirement a condition of the grant of planning permission.

(5)Building regulations may specify the steps that a planning authority must take to inform a person subject to an optional requirement of the requirement.

(6)Where building regulations include an optional requirement that would (to any extent) be inconsistent with another requirement imposed by the regulations, the building regulations must provide—

(a)that the other requirement does not apply in any case where the optional requirement applies, or

(b)that the other requirement applies in any such case with modifications specified in the regulations.

(7)In this section —

  • “development” has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act);

  • “planning authority” means—

    (a)

    a local planning authority within the meaning of that Act (see section 336(1));

    (b)

    the Secretary of State (in the exercise of functions of granting planning permission);

  • “planning permission” has the same meaning as in that Act (see section 336(1)).]

Textual Amendments

F10S. 2B inserted (26.3.2015) by Deregulation Act 2015 (c. 20), ss. 42, 115(1)(b)

[F11Duty to review minimum energy performance requirementsE+W

Textual Amendments

F11 S. 2C and cross-heading inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 165, 216(1)(e)

2CReview of minimum energy performance requirementsE+W

The Secretary of State must carry out a review of any minimum energy performance requirements approved by the Secretary of State under building regulations in relation to dwellings in England.]

Exemption from building regulationsE+W

3 Exemption of particular classes of buildings etc.E+W

(1)Building regulations may exempt a prescribed class of buildings, services, fittings or equipment from all or any of the provisions of building regulations.

(2)The [F12Secretary of State] [F12appropriate national authority] may by direction exempt from all or any of the provisions of building regulations—

(a)a particular building, or

(b)buildings of a particular class at a particular location,

either unconditionally or subject to compliance with any conditions specified in the direction.

(3)A person who contravenes a condition specified in a direction given under subsection (2) above, or permits such a condition to be contravened, is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and to a further fine not exceeding £50 for each day on which the offence continues after he is convicted.

Textual Amendments

4Exemption of educational buildings and buildings of statutory undertakers.E+W

(1)Nothing in this Part of this Act with respect to building regulations, and nothing in any building regulations, applies in relation to—

(a)a building required for the purposes of a school or other educational establishment erected or to be erected according to

[F13(i)plans that have been approved by the [F14Secretary of State] [F14appropriate national authority],

[F15(ii)particulars submitted and approved under regulations made under section 544 of the Education Act 1996,]

F16(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)a building belonging to statutory undertakers, the United Kingdom Atomic Energy Authority . . . F18 or the Civil Aviation Authority and held or used by them for the purposes of their undertaking, unless it is—

(i)a house, . . . F19 or

(ii)a building used as offices or showrooms, and not forming part of a railway station F20... F21...

[F22or

(c)

a building belonging to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) and held or used by the person for the purpose of carrying out activities authorised by the licence, unless it is—

(i)

a house, or

(ii)

a building used as offices or showrooms.]

(2)The words “the United Kingdom Atomic Energy Authority,” in subsection (1)(b) above (together with paragraph 4 of Schedule 6 to this Act) cease to have effect upon the coming into force of the repeal of section 5(5) of the M1Atomic Energy Authority Act 1954 contained in Schedule 7 to this Act.

Textual Amendments

F13S.4(1)(a)(i)-(iv) substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. 1 para. 59 (with s. 1(4), Sch. 39 paras. 30, 39)

F15S. 4(1)(a)(ii) substituted (6.11.2006 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 6 (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F16S. 4(1)(a)(iii) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with art. 17)

F17S. 4(1)(a)(iv) repealed (1.4.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

F20Words in s. 4(1)(b)(ii) omitted (10.11.2011) by virtue of The Airport Charges Regulations 2011 (S.I. 2011/2491), reg. 1(1), Sch. 2 para. 3(2)

F22S. 4(1)(c) and word “or” immediately preceding it inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 7(a)

Modifications etc. (not altering text)

C19S. 4(1) excluded (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), regs. 1, 34(1) (with reg. 9)

C20S. 4(1) excluded by SI 2010/2214, reg. 34(1)(a) (as substituted (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 22, Sch. 1 (with regs. 1(3)(4), 45-47))

C21S. 4(1)(b) applied with modifications by Airports Act 1986 (c. 31, SIF 9), s. 58, Sch. 2 para. 6(a)

Marginal Citations

5 Exemption of public bodies from procedural requirements of building regulations.E+W

(1)Building regulations may exempt—

(a)a local authority,

(b)a county council, or

(c)any other body that acts under an enactment for public purposes and not for its own profit and is prescribed for the purposes of this section,

from compliance with any requirements of those regulations that are not substantive requirements.

(2)A local authority, county council or other body that is exempted as mentioned in subsection (1) above is in subsection (3) below referred to as an “exempt body”.

(3)Without prejudice to the obligation of an exempt body to comply with substantive requirements of building regulations, the function of enforcing building regulations that is conferred on local authorities by section 91(2) below is not exercisable in relation to work carried out by an exempt body, and accordingly—

(a)nothing in section 36(1) to (5) below applies in relation to work so carried out, and

(b)a local authority may not institute proceedings under section 35 below for a contravention of building regulations by an exempt body.

(4)In subsection (3) above, the reference to the carrying out of work includes a reference to the making of a material change of use as defined by and for the purposes of building regulations.

Approved documentsE+W

6 Approval of documents for purposes of building regulations.E+W

(1)For the purpose of providing practical guidance with respect to the requirements of any provision of building regulations, the [F23Secretary of State] [F23appropriate national authority] or a body designated by [F24him] [F24the appropriate national authority] for the purposes of this section may—

(a)approve and issue any document (whether or not prepared by [F24him] [F24the appropriate national authority] or by the body concerned), or

(b)approve any document issued or proposed to be issued otherwise than by [F24him] [F24the appropriate national authority] or by the body concerned,

if in the opinion of the [F23Secretary of State] [F23appropriate national authority] or, as the case may be, the body concerned the document is suitable for that purpose.

(2)References in this section and section 7 below to a document include references to a part of a document; and accordingly, in relation to a document of which part only is approved, a reference in the following provisions of this section or in section 7 below to the approved document is a reference only to the part of it that is approved.

(3)An approval given under subsection (1) above takes effect in accordance with a notice that is issued by the [F23Secretary of State] [F23appropriate national authority] or, as the case may be, the body giving the approval and that—

(a)identifies the approved document in question,

(b)states the date on which the approval of it is to take effect, and

(c)specifies the provisions of building regulations for the purposes of which the document is approved.

(4)The [F23Secretary of State] [F23appropriate national authority] or, as the case may be, the body that gave the approval may—

(a)from time to time approve and issue a revision of the whole or any part of an approved document issued by [F25him or] it for the purposes of this section, and

(b)approve any revision or proposed revision of the whole or any part of an approved document,

and subsection (3) above, with the necessary modifications, applies in relation to an approval that is given under this subsection to a revision as it applies in relation to an approval that is given under subsection (1) above to a document.

(5)The [F23Secretary of State] [F23appropriate national authority] or, as the case may be, the body that gave the approval may withdraw [F26his or] its approval of a document under this section; and such a withdrawal of approval takes effect in accordance with a notice that is issued by the [F23Secretary of State] [F23appropriate national authority] or body concerned and that—

(a)identifies the approved document in question, and

(b)states the date on which the approval of it is to cease to have effect.

[F27(5A)A notice under subsection (3) or (5) may contain transitional or saving provision (and different provision may be made for different purposes or for different areas).

(5B)A body may give an approval under subsection (1) or (4), or withdraw an approval under subsection (5), only with the consent of the appropriate national authority.]

(6)References in subsections (4) and (5) above and in section 7 below to an approved document are references to that document as it has effect for the time being, regard being had to any revision of the whole or any part of it that has been approved under subsection (4) above.

(7)Where a body ceases to be a body designated by the [F23Secretary of State] [F23appropriate national authority] for the purposes of this section, subsections (4) and (5) above have effect as if any approval given by that body had been given by the Secretary of State.

(8)The power to designate a body for the purposes of this section is exercisable by order made by statutory instrument, which is [F28subject to annulment in pursuance of a resolution of either House of Parliament.] [F28—

(a)in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;

(b)in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.]

[F29(9)An order under subsection (8) may provide that a body is designated only in relation to—

(a)buildings of a specified description;

(b)work of a specified description;

(c)specified provisions of building regulations.]

Textual Amendments

7 Compliance or non-compliance with approved documents.E+W

(1)A failure on the part of a person to comply with an approved document does not of itself render him liable to any civil or criminal proceedings; but if, in any proceedings whether civil or criminal, it is alleged that a person has at any time contravened a provision of building regulations—

(a)a failure to comply with a [F30document that at that time was approved for the purposes of that provision] [F30relevant approved document] may be relied upon as tending to establish liability, and

(b)proof of compliance with such a document may be relied on as tending to negative liability.

[F31(1A)In subsection (1) “relevant approved document” means a document approved for the purposes of the provision that applies in relation to the work in question.]

(2)In any proceedings, whether civil or criminal—

(a)a document purporting to be a notice issued as mentioned in section 6(3) above shall be taken to be such a notice unless the contrary is proved, and

(b)a document that appears to the court to be the approved document to which such a notice refers shall be taken to be that approved document unless the contrary is proved.

Textual Amendments

Relaxation of building regulationsE+W

8 Relaxation of building regulations.E+W

(1)Subject to this section, the [F32Secretary of State] [F32appropriate national authority], if on an application for a direction under this section [F33he] [F33it] considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, may after consultation with the local authority, give a direction dispensing with or relaxing that requirement.

(2)If building regulations so provide as regards a requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) above is exercisable by the local authority (instead of by the [F32Secretary of State] [F32appropriate national authority] after consultation with the local authority).

(3)Building regulations made by virtue of subsection (2) above may except applications of any description.

(4)If—

(a)building regulations so provide as regards any requirement contained in the regulations, and

(b)a public body considers that the operation of any such requirement would be unreasonable in relation to any particular work carried out or proposed to be carried out by or on behalf of the public body,

the public body may give a direction dispensing with or relaxing that requirement.

(5)In subsection (4) above, “public body” means—

(a)a local authority.

(b)a county council, or

(c)any other body that is prescribed for the purposes of section 5 above.

(6)Building regulations may provide as regards a requirement contained in the regulations that subsections (1) to (5) above do not apply.

Textual Amendments

Modifications etc. (not altering text)

C22S. 8(1) modified (1.6.1992) by S.I. 1991/2768, reg. 10(1)

S. 8(1) modified (1.1.2001) by S.I. 2000/2531, reg. 11(1)

C23S. 8(1)-(5) excluded by S.I. 2000/2531, reg. 11(3) (as added (6.4.2006) by Building and Approved Inspectors (Amendment) Regulations 2006 (S.I. 2006/652), regs. 1(2), 9(2))

C24S. 8(1)-(5) excluded (1.10.2010) by S.I. 2010/2214, regs. 1, 11(3) (with reg. 9) (as substituted (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 4 (with reg. 1(2)(3))) (as amended (3.6.2013) by The Building (Amendment) Regulations 2013 (S.I. 2013/1105), regs. 1(2), 3(2) (with reg. 1(4)))

9 Application for relaxation.E+W

(1)An application under section 8(1) or (2) above shall be in such form and shall contain such particulars as may be prescribed.

(2)The application shall be made to the local authority, and, except where the power of giving the direction is exercisable by the local authority, the local authority shall at once transmit the application to the [F34Secretary of State] [F34appropriate national authority] and give notice to the applicant that it has been so transmitted.

(3)An application by a local authority in connection with a building or proposed building in the area of that authority shall be made to the [F34Secretary of State] [F34appropriate national authority], except where the power of giving the direction is exercisable by that authority.

(4)Schedule 2 to this Act has effect as regards as application for a direction that will affect the application of building regulations to work that has been carried out before the making of the application.

Textual Amendments

10 Advertisement of proposal for relaxation of building regulations.E+W

(1)Not less than 21 days before giving a direction under section 8(1), (2) or (4) above in respect of any particular work, the [F35Secretary of State] [F35appropriate national authority], the local authority or the public body, as the case may be shall publish in a local newspaper circulating in the area where the site of the work is situated a notice—

(a)indicating the situation and nature of the work and the requirement to be dispensed with or relaxed, and

(b)stating that representations with regard to the effect that the direction may have on public health or safety may be made by a date specified in the notice, being a date not less than 21 days from the date of the notice.

and, where the direction is proposed to be made on an application, the [F35Secretary of State] [F35appropriate national authority] or the local authority may, as a condition of entertaining the application, require the applicant to pay or undertake to pay the cost of publication.

(2)No notice need be published under the subsection (1) above where in appears to the [F36Secretary of State] [F36appropriate national authority], the local authority or the public body, as the case may be, that any effect that the direction may have on public health or safety will be limited to premises adjoining the site of the work, but in that case [F37he, they or] it shall give such a notice to the owner and occupier of those premises.

(3)No notice need be published or given under subsection (1) or (2) above where the work affects only an internal part of a building.

(4)The [F38Secretary of State] [F38appropriate national authority] may, instead of [F39himself] publishing or giving a notice under subsection (1) or (2) above, require the local authority to give or publish the notice.

(5)Before giving the direction, the [F40Secretary of State] [F40appropriate national authority], the local authority or the public body shall consider any representation duly made in pursuance of a notice published or given under subsection (1) or (2) above.

(6)If, after a local authority have received representations under this section, they refuse the application to which the representations relate and an appeal is brought against their refusal the local authority shall transmit to the Secretary of State copies of those representations.

Textual Amendments

11 Type relaxation of building regulations.E+W

(1)If the [F41Secretary of State] [F41appropriate national authority] considers that the operation of a requirement of building regulations would be unreasonable in relation to a particular type of building matter, [F42he may, either on an application made to him or of his] [F42the authority may, either on an application made by any person (the “original applicant”) or of its] own accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either—

(a)unconditionally, or

(b)subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation.

(2)A direction under subsection (1) above—

(a)if it so provides, ceases to have effect at the end of such period as may be specified in the direction,

(b)may be varied or revoked by a subsequent direction of the [F43Secretary of State] [F43appropriate national authority].

(3)Building regulations may require a person making an application under subsection (1) above to pay the [F44Secretary of State] [F44appropriate national authority] the prescribed fee, and—

(a)without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and

(b)the [F44Secretary of State] [F44appropriate national authority] may in a particular case remit the whole or part of a fee payable by virtue of this subsection.

(4)Before giving a direction under subsection (1) above, the Secretary of State shall consult such bodies as appear to him to be representative of the interests concerned.

(5)Where the Secretary of State gives a direction under subsection (1) above, he shall publish notice of that fact in such manner as he thinks fit.

(6)A person who contravenes a condition specified in a direction given under subsection (1) above, or permits such a condition to be contravened, is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50 for each day on which the offence continues after he is convicted.

(7)If at any time a direction under subsection (1) above dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of subsection (2)(a) above, or is varied or revoked under subsection (2)(b) above, that fact does not affect the continued operation of the direction (with any conditions specified in it) in a case in which before that time—

(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority F45...

F45(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section, “building matter” means any building or other matter whatsoever to which building regulations are in any circumstances applicable.

Textual Amendments

F45S. 11(7)(b) and word preceding it repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

Type approval of building matterE+W

Prospective

12 Power of [F46Secretary of State] [F46appropriate national authority] to approve type of building matter.E+W

(1)This section has effect with a view to enabling the [F47Secretary of State] [F47appropriate national authority], either on an application made [F48to him or of his] [F48by any person (the “original applicant”) or of its] own accord, to approve a particular type of building matter as complying, either generally or in a class of case, with particular requirements of building regulations.

(2)An application for the approval under subsection (1) above of a type of building matter shall comply with any requirements of building regulations as to the form of such applications and the particulars to be included in them.

(3)Where under subsection (1) above the [F49Secretary of State] [F49appropriate national authority] approves a type of building matter as complying with particular requirements of building regulations either generally or in a class of case, [F50he] [F50it] may issue a certificate to that effect specifying—

(a)the type of building matter to which the certificate relates,

(b)the requirements of building regulations to which the certificate relates, and

(c)where applicable, the class or classes of case to which the certificate applies.

(4)A certificate under subsection (3) above, if it so provides, ceases to have effect at the end of such period as may be specified in the certificate.

(5)If, while a certificate under subsection (3) above is in force, it is found, in a particular case involving building matter of the type to which the certificate relates, that—

(a)the building matter in question is of that type, and

(b)the case is one to which the certificate applies,

that building matter shall in that particular case be deemed to comply with the requirements of building regulations to which the certificate relates.

(6)The [F51Secretary of State] [F51appropriate national authority] may vary a certificate under subsection (3) above, either on an application made to [F52him or of his own accord; but, in the case of a certificate issued on an application made by a person under subsection (1) above, the Secretary of State, except where he varies it on the application of that person, shall before varying it give that person reasonable notice that he proposes to do so.] [F52it or of its own accord.]

(7)Building regulations may require a person making an application under subsection (1) or (6) above to pay the [F53Secretary of State] [F53appropriate national authority] the prescribed fee, and—

(a)without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and

(b)the [F53Secretary of State] [F53appropriate national authority] may in a particular case remit the whole or part of a fee payable by virtue of this subsection.

(8)The [F54Secretary of State] [F54appropriate national authority] may revoke a certificate issued under subsection (3) above, but, before doing so in the case of a certificate issued on an application under subsection (1) above, he shall give the person on whose application the certificate was issued reasonable notice that he proposes to do so.

(9)Where the [F55Secretary of State] [F55appropriate national authority] issues a certificate under subsection (3) above or varies or revokes a certificate so issued, [F56he] [F56it] shall publish notice of that fact in such manner as [F56he] [F56it] thinks fit.

(10)If at any time a certificate under subsection (3) above ceases to have effect by virtue of subsection (4) above, or is varied or revoked under subsection (6) or (8) above, that fact does not affect the continued operation of subsection (5) above by virtue of that certificate in a case in which before that time—

(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority, F57...

F57(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)For the purposes of subsection (3) above, or of any variation of a certificate under subsection (6) above, a class of case may be framed in any way that the [F58Secretary of State] [F58appropriate national authority] thinks fit.

(12)In this section, “building matter” has the same meaning as in section 11 above.

Textual Amendments

F57S. 12(10)(b) and word preceding it repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13

Prospective

13 Delegation of power to approve.E+W

(1)The [F59Secretary of State] [F59appropriate national authority] may be building regulations delegate to a person or body, to such extent and subject to such conditions as the [F59Secretary of State] [F59appropriate national authority] may think fit, the powers of approval conferred [F60on him] by section 12 above.

(2)So far as those powers are for the time being so delegated to a person or body, section 12 above, except subsection (7) as far as the end of paragraph (a), and any building regulations made by virtue of subsection (7) shall (subject to any prescribed conditions) have effect in relation to that person or body with the substitution of references to that person or body for references to the [F59Secretary of State] [F59appropriate national authority].

Textual Amendments

ConsultationE+W

14 Consultation with Building Regulations Advisory Committee and other bodies[F61: Wales] E+W

F62(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F63(5)The Welsh Ministers shall appoint a committee, to be known as the Building Regulations Advisory Committee for Wales, for the purpose of advising them on the exercise of their power to make building regulations, and on other subjects connected with building regulations.

(6)The Welsh Ministers may pay such expenses incurred by members of the Building Regulations Advisory Committee for Wales as the Welsh Ministers may determine.

(7)Before making any building regulations containing substantive requirements, the Welsh Ministers shall consult the Building Regulations Advisory Committee for Wales and [F64any other person that the Welsh Ministers consider appropriate.]

(8)Before making any building regulations containing provision of the kind authorised by paragraph 11(1)(c) of Schedule 1 to this Act, the Welsh Ministers shall consult—

(a)the Building Regulations Advisory Committee for Wales,

(b)such [F65persons] to them to be representative of local authorities in Wales, and

[F66(c)any other person that the Welsh Ministers consider appropriate.]]

Textual Amendments

15 Consultation with fire authority.E+W

(1)Where, in the case of a requirement as to—

(a)structural fire precautions,

(b)the provision of means of escape from buildings in case of fire, or

(c)the provision of means for securing that such means of escape can be safely and effectively used at all material times,

contained in building regulations, the power to dispense with or relax that requirement conferred by section 8(1) above is by virtue of section 8(2) above exercisable by a local authority, or a public body proposes to exercise the power conferred on it by section 8(4) above, the local authority or public body, if they are not the [F67fire and rescue authority], shall before exercising the power in relation to any premises or proposed premises consult the [F67fire and rescue authority].

(2)In subsection (1) above, “public body” has the meaning given by section 8(5) above.

Textual Amendments

F67Words in s. 15(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 57(2)(3)(a); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Passing of plansE+W

16 Passing or rejection of plans.E+W

(1)Where plans of any proposed work are, in accordance with building regulations, deposited with a local authority, it is the duty of the local authority, subject to any other section of this Act that expressly requires or authorises them in certain cases to reject plans, to pass the plans unless—

(a)they are defective, or

(b)they show that the proposed work would contravene any of the building regulations.

(2)If the plans—

(a)are defective, or

(b)show that the proposed work would contravene any of the building regulations,

the local authority may—

(i)reject the plans, or

(ii)subject to subsection (4) below, pass them subject to either or both of the conditions set out in subsection (3) below.

(3)The conditions mentioned in subsection (2) above are—

(a)that such modifications as the local authority may specify shall be made in the deposited plans, and

(b)that such further plans as they may specify shall be deposited.

(4)A local authority may only pass plans subject to a condition such as is specified in subsection (3) above if the person by whom or on whose behalf they were deposited—

(a)has requested them to do so, or

(b)has consented to their doing so.

(5)A request or consent under subsection (4) above shall be in writing.

(6)The authority shall within the relevant period from the deposit of the plans give notice to the person by whom or on whose behalf they were deposited whether they have been passed or rejected.

(7)A notice that plans have been rejected shall specify the defects on account of which, or the regulation or section of this Act for non-conformity with which, or under the authority of which, they have been rejected.

(8)A notice that plans have been passed shall—

(a)specify any condition subject to which they have been passed, and

(b)state that the passing of the plans operates as an approval of them only for the purposes of the requirements of—

(i)the building regulations, and

(ii)any section of this Act (other than this section) that expressly requires or authorises the local authority in certain cases to reject plans.

(9)Where the deposited plans are accompanied by—

(a)a certificate given by a person approved for the purposes of this subsection to the effect that the proposed work, if carried out in accordance with the deposited plans, will comply with such provisions of the regulations prescribed for the purposes of this subsection as may be specified in the certificate, and

(b)such evidence as may be prescribed that an approved scheme applies, or the prescribed insurance cover has been or will be provided, in relation to the certificate,

the local authority may not, except in prescribed circumstances, reject the plans on the ground that—

(i)they are defective with respect to any provisions of the building regulations that are so specified, or

(ii)they show that the proposed work would contravene any of those provisions.

(10)In any case where a question arises under this section between a local authority and a person who proposes to carry out any work—

(a)whether plans of the proposed work are in conformity with building regulations, or

(b)whether the local authority are prohibited from rejecting plans of the proposed work by virtue of subsection (9) above,

that person may refer the question to the Secretary of State for his determination; and an application for a reference under this subsection shall be accompanied by such fee as may be prescribed.

(11)Where—

(a)deposited plans accompanied by such a certificate and such evidence as are mentioned in subsection (9) above are passed by the local authority, or

(b)notice of the rejection of deposited plans so accompanied is not given within the relevant period from the deposit of the plans,

the authority may not institute proceedings under section 35 below for a contravention of building regulations that—

(i)arises out of the carrying out of the proposed work in accordance with the plans, and

(ii)is a contravention of any of the provisions of the regulations specified in the certificate.

(12)For the purposes of this Part of this Act, “the relevant period”, in relation to the passing or rejection of plans, means five weeks or such extended period (expiring not later than two months from the deposit of the plans) as may before the expiration of the five weeks be agreed in writing between the person depositing the plans and the local authority.

F68(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68S. 16(13) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Group 1.

Modifications etc. (not altering text)

C25S. 16 excluded (21.7.1994) by 1994 c.XV, s. 58(9)

C26S. 16 excluded (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), regs. 1, 13(4) (with reg. 9)

C27S. 16 excluded (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), regs. 1, 18(7) (with reg. 9)

C28S. 16(6)-(8)applied with modifications (21.7.1994) by 1994 c. XV, s. 58(10)

C29S. 16(6)–(8) amended by Midland Metro Act 1989 (c.xv), s. 45(10)S. 16(6)-(8) extended (27.7.1993) by 1993 c. xv, s. 55(10)

17 Approval of persons to give certificates etc.E+W

(1)Building regulations may make provision for the approval of persons for the purposes of section 16(9) above—

(a)by the Secretary of State, or

(b)by a body (corporate or unincorporated) that, in accordance with the regulations is designated by the Secretary of State for the purpose,

and any such approval may limit the description of work, or the provisions of the regulations, in relation to which the person concerned is so approved.

(2)Any such designation as is referred to in paragraph (b) of subsection (1) above may limit the cases in which and the terms on which the body designated may approve a person and, in particular, may provide that any approval given by the body shall be limited as mentioned in that subsection.

(3)There shall be paid on an application for any such approval as is referred to in subsection (1) above—

(a)where the application is made to the Secretary of State, such fee as may be prescribed,

(b)where the application is made to a body designated by him as mentioned in that subsection, such fee as that body may determine.

(4)The Secretary of State may approve for the purposes of section 16(9)

above any scheme that appears to him to secure the provision of adequate insurance cover in relation to any certificate that is given under paragraph (a) of that subsection and is a certificate to which the scheme applies.

(5)Building regulations may prescribe, for the purposes of section 16(9)

above the insurance cover that is to be provided in relation to any certificate that is given under paragraph (a) of that subsection and is not a certificate to which an approved scheme applies and may, in particular, prescribe the form and content of policies of insurance.

(6)Building regulations may—

(a)contain provision prescribing the period for which, subject to any provision made by virtue of paragraph (b) or (c) below, any such approval as is referred to in subsection (1) above continues in force,

(b)contain provision precluding the giving of, or requiring the withdrawal of, any such approval as is referred to in subsection (1) above in such circumstances as may be prescribed,

(c)contain provision authorising the withdrawal of any such approval or designation as is referred to in subsection (1) above,

(d)provide for the maintenance by the Secretary of State of a list of bodies that are for the time being designated by him as mentioned in subsection (1) above and for the maintenance by the Secretary of State and by each designated body of a list of persons for the being time approved by him or them as mentioned in that subsection,

(e)make provision for the supply to local authorities of copies of any list of approved persons maintained by virtue of paragraph (d) above and for such copy lists to be made available for inspection, and

(f)make provision for the supply, on payment of a prescribed fee, of a certified copy of any entry in a list maintained by virtue of paragraph (d) above or in a copy list held by a local authority by virtue of paragraph (e) above.

(7)Unless the contrary is proved, in any proceedings (whether civil or criminal) a document that appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (6)(d) above or in a copy of such a list supplied as mentioned in subsection (6)(e) above—

(a)is presumed to be a true copy if an entry in the current list is maintained, and

(b)is evidence of the matters stated in it.

F6918. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F69S. 18 repealed (1.4.2002) by S.I. 2001/3335, reg. 3(1) (with reg. 4)

19 Use of short-lived materials.E+W

(1)Where plans of a building are, in accordance with building regulations, deposited with a local authority, and the plans show that it is proposed to construct a building of materials to which this section applies, or to place or assemble on the site a building constructed of such materials, the authority may, notwithstanding that the plans conform with the regulations—

(a)reject the plans, or

(b)in passing the plans—

(i)fix a period on the expiration of which the building must be removed, and

(ii)impose with respect to the use of the building such reasonable conditions, if any, as having regard to the nature of the materials used in its construction they deem appropriate,

but no condition shall be imposed that conflicts with any condition imposed on the grant of planning permission for that building under Part III of [F70the Town and Country Planning Act 1990].

(2)If a building in respect of which plans ought under the building regulations to have been deposited, but have not been deposited, appears to the authority to be constructed of such materials as aforesaid, the authority, without prejudice to their right to take proceedings in respect of any contravention of the regulations, may—

(a)fix a period on the expiration of which the building must be removed, and

(b)if they think fit, impose such conditions with respect to the use of the building as might have been imposed under subsection (1) above upon the passing of plans for the building.

and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the building.

(3)A local authority may from time to time extend any period fixed, or vary any conditions imposed, under this section; but, unless an application in that behalf is made to them by the owner of the building in question, they shall not exercise their power of varying conditions except when granting an extension, or further extension, of the period fixed with respect to the building.

(4)A person aggrieved by the action of a local authority under this section in rejecting plans, or in fixing or refusing to extend any period, or in imposing or refusing to vary any conditions, may appeal to a magistrates’ court.

(5)The owner of a building in respect of which a period has been fixed under this section shall, on the expiration of that period, or, as the case may be, of that period as extended, remove the building, and, if he fails to do so—

(a)the local authority shall remove it and may recover from him the expenses reasonably incurred by them in so doing, and

(b)without prejudice to the right of the authority to exercise that power, he is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £5 for each day during which the building is allowed to remain after he is convicted.

(6)A person who uses a building in contravention of a condition imposed under this section, or who permits a building to be so used, is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £5 for each day on which the offence continues after he is convicted.

(7)Building regulations may provide that this section applies to any materials specified in the regulations as being materials that are, in the absence of special care, liable to rapid deterioration, or are otherwise unsuitable for use in the construction of permanent buildings.

(8)This section applies in relation to an extension of an existing building as it applies in relation to a new building.

(9)This section ceases to have effect upon the coming into force of section 20 below (which supersedes it).

Textual Amendments

Prospective

20 Use of materials unsuitable for permanent building.E+W

(1)Where plans of any proposed work are, in accordance with building regulations, deposited with a local authority, and the plans show that the proposed work would include or consist of work to which this section applies, the authority may, notwithstanding that the plans conform with the regulations—

(a)reject the plans, or

(b)in passing the plans—

(i)fix a period on the expiration of which the work to which this section applies or the relevant building (as the authority may in passing the plans direct) must be removed, and

(ii)if they think fit, impose with respect to the use of the relevant building or with respect to the work to which this section applies such reasonable conditions, if any, as they consider appropriate,

but no condition as to the use of the relevant building shall be imposed that conflicts with any condition imposed or having effect as if imposed under [F71Part III or Part VIII of the Town and Country Planning Act 1990 or under the Planning (Listed Buildings and Conservation Areas) Act 1990 or the Planning (Hazardous Substances) Act 1990].

(2)If, in the case of any work in respect of which plans ought by virtue of building regulations to have been deposited with a local authority but have not been so deposited, the work appears to the authority to include or consist of work to which this section applies, the authority, without prejudice to their right to take proceedings in respect of any contravention of the regulations, may—

(a)fix a period on the expiration of which the work to which this section applies or the relevant building (as the authority may in fixing the period direct) must be removed, and

(b)if they think fit, impose any conditions that might have been imposed under subsection (1) above in passing plans for the first-mentioned work,

and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.

(3)If, in the case of any work appearing to the local authority to fall within subsection (9)(b) below, plans of the work were not required by building regulations to be deposited with the authority, and were not so deposited, the authority may at any time within 12 months from the date of completion of the work—

(a)fix a period on the expiration of which the work must be removed, and

(b)if they think fit, impose any conditions that, if plans of the work had been required to be, and had been, so deposited, might have been imposed under subsection (1) above in passing the plans,

and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.

(4)A local authority may from time to time extend any period fixed, or vary any conditions imposed, under this section, but, unless an application in that behalf is made to them by the owner of the relevant building, they shall not exercise their power of varying conditions so imposed except when granting an extension or futher extension of the period fixed with respect to the work or building, as the case may be.

(5)A person aggrieved by the action of a local authority under this section—

(a)in rejecting plans,

(b)in fixing or refusing to extend any period, or

(c)in imposing or refusing to vary any conditions,

may appeal to the Secretary of State within the prescribed time and in the prescribed manner.

(6)Where a period has been fixed under this section with respect to any work to which this section applies or with respect to the relevant building—

(a)the owner of that building shall on the expiration of that period, or, as the case may be, of that period as extended, remove the work or building with respect to which the period was fixed, and

(b)if he fails to do so, the local authority may remove that work or building, as the case may be, and may recover from him the expenses reasonably incurred by them in doing so.

(7)A person who—

(a)contravenes a condition imposed under this section or permits such a condition to be contravened, or

(b)contravenes subsection (6) above,

is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50 for each day on which the offence continues or, as the case may be, on which the work or building is allowed to remain after he is convicted; but this subsection does not prejudice a local authority’s rights under subsection (6) above.

(8)In this section, “the relevant building” means, in any particular case, the building mentioned in paragraph (a) or, as the case may be, paragraph (b) of subsection (9) below.

(9)This section applies to—

(a)any work consisting of a part of a building, being a part in the construction of which there is used any material or component of a type that, in relation to a part of that description, is prescribed for the purposes of this paragraph under subsection (10) below, and

(b)any work provided in or in connection with a building, being work consisting of a service, fitting or item of equipment of a type so prescribed for the purposes of this paragraph.

(10)The [F72Secretary of State] [F72appropriate national authority] may by building regulations—

(a)prescribe a type of material or component for the purposes of subsection (9)(a) above if in [F73his] [F73its] opinion materials or components of that type are likely to be unsuitable for use in the construction of a particular part of a permanent building in the absence of conditions with respect to the use of the building or with respect to any material or component of that type used in the construction of a part of that description,

(b)prescribe a type of service, fitting or equipment for the purposes of subsection (9)(b) above if in [F73his] [F73its] opinion services, fittings or equipment of that type are likely to be unsuitable for provision in or in connection with a permanent building in the absence of conditions with respect to the use of the building or with respect to a service, fitting or equipment of that type so provided.

(11)Upon section 19 above ceasing to have effect—

(a)any building regulations made, period fixed, condition imposed or other thing done by virtue of the said section 19 shall be deemed to have been made, fixed, imposed or done by virtue of this section, and

(b)anything begun under the said section 19 may be continued under this Act as if begun under this section, but any appeal under section 19(4) that is pending at the time when the said section 19 ceases to have effect, and any proceedings arising out of such an appeal, shall proceed as if that section were still in force.

Textual Amendments

21Provision of drainage.E+W

F74(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any question arising under subsection [F75(4) below]between a local authority and the person by whom, or on whose behalf, plans are deposited as to [F76whether a proposed drain shall be required to connect with a sewer] may on the application of that person be determined by a magistrates’ court.

(4)[F77Where plans of a building or of an extension of a building are, in accordance with building regulations, deposited with a local authority, the local authority, or on appeal a magistrates’ court, may require a proposed drain to connect with a sewer where]—

(a)that sewer is within one hundred feet of the site of the building or, in the case of an extension, the site either of the extension or of the original building, and is at a level that makes it reasonably practicable to construct a drain to communicate with it, and, if it is not a public sewer, is a sewer that the person constructing the drain is entitled to use, and

(b)the intervening land is land through which that person is entitled to construct a drain.

(5)Notwithstanding paragraph (a) of subsection (4) above, a drain may be required to be made to connect with a sewer that is not within the distance mentioned in that paragraph, but is otherwise such a sewer as is therein mentioned, if the authority undertake to bear so much of the expenses reasonably incurred in constructing, and in maintaining and repairing, the drain as may be attributable to the fact that the distance of the sewer exceeds the distance so mentioned.

(6)If any question arises as to the amount of a payment to be made to a person under subsection (5) above, that question may on his application be determined by a magistrates’ court, or he may require it to be referred to arbitration.

[F78(7)This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).]

Textual Amendments

F74S. 21(1)(2) repealed (1.4.2002) by S.I. 2001/3335, reg. 3(1) (with reg. 4)

F75Words in s. 21(3) substituted (1.4.2002) by S.I. 2001/3335, reg. 3(2)(a) (with reg. 4)

F76S. 21(3)(a)(b) substituted for words (1.4.2002) by S.I. 2001/3335, reg. 3(2)(b) (with reg. 4)

F77Words in s. 21(4) substituted (1.4.2002) by S.I. 2001/3335, reg. 3(3) (with reg. 4)

F78S. 21(7) added (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 26(1) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)

Modifications etc. (not altering text)

C30Ss. 21, 22, 23 extended by S.I. 1987/798, regs. 2(1), 4

22 Drainage of buildings in combination.E+W

(1)Where—

(a)a local authority might under section 21 above require each of two or more buildings to be drained separately into an existing sewer, but

(b)it appears to the authority that those buildings may be drained more economically or advantageously in combination,

the authority may, when the drains of the buildings are first laid, require that the buildings be drained in combination into the existing sewer by means of a private sewer to be constructed either by the owners of the buildings in such manner as the authority may direct or, if the authority so elect, by the authority on behalf of the owners.

(2)A local authority shall not, except by agreement with the owners concerned, exercise the power conferred by subsection (1) above in respect of any building for whose drainage plans have been previously passed by them.

(3)A local authority who make such a requirement as aforesaid shall fix—

(a)the proportions in which the expenses of constructing, and of maintaining and repairing, the private sewer are to be borne by the owners concerned, or

(b)in a case in which the distance of the existing sewer from the site of any of the buildings in question is or exceeds one hundred feet, the proportions in which those expenses are to be borne by the owners concerned and the local authority,

and shall forthwith give notice of their decision to each owner affected.

(4)An owner aggrieved by the decision of a local authority under subsection (3) above may appeal to a magistrates’ court.

(5)Subject to any such appeal—

(a)any expenses reasonably incurred in constructing, or in maintaining or repairing, the private sewer shall be borne in the proportions so fixed, and

(b)those expenses, or, as the case may be, contributions to them, may be recovered accordingly by the persons, whether the local authority or the owners, by whom they were incurred in the first instance.

(6)A sewer constructed by a local authority under this section is not deemed a public sewer by reason of the fact that the expenses of its construction are in the first instance defrayed by the authority, or that some part of those expenses is borne by them.

Modifications etc. (not altering text)

C31Ss. 21, 22, 23 extended by S.I. 1987/798, regs. 2(1), 4

23 Provision of facilities for refuse.E+W

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

(3)It is unlawful for any person except with the consent of the local authority to close or obstruct the means of access by which refuse or faecal matter is removed from a building, and the local authority in giving their consent may impose such conditions as they think fit with respect to the improvement of an alternative means of access or the substitution of other means of access.

(4)A person who contravenes subsection (3) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Textual Amendments

F79S. 23(1)(2) repealed by S.I. 1985/1065, reg. 18

Modifications etc. (not altering text)

C32Ss. 21, 22, 23 extended by S.I. 1987/798, regs. 2(1), 4

24 Provision of exits etc.E+W

(1)Where—

(a)plans of a building or of an extension of a building are, in accordance with building regulations, deposited with a local authority, and

(b)the building or, as the case may be, the building as extended will be a building to which this section applies,

the authority shall reject the plans unless they show that the building, or, as the case may be, the building as extended, will be provided with such means of ingress and egress and passages or gangways as the authority, after consultation with the [F80fire and rescue authority], deem satisfactory, regard being had to the purposes for which the building is intended to be, or is, used and the number of persons likely to resort to it at any one time.

(2)Any question arising under subsection (1) above between a local authority and the person by whom, or on whose behalf, plans are deposited as to whether the means of incress or egress or passages or gangways already existing, or proposed to be provided, ought to be accepted by the authority as satisfactory may on the application of that person be determined by a magistrates’ court.

(3)Where building regulations imposing requirements as to the provision of means of escape in case of fire are applicable to a proposed building or proposed extension of a building, or would be so applicable but for a direction under section 8 above dispensing with such requirements—

(a)this section, and

(b)any provision of a local Act that has effect in place of this section,

does not apply in relation to the proposed building or extension.

(4)Subject to subsection (3) above, this section applies to—

(a)a theatre, and a hall or other building that is used as a place of public resort,

(b)a restaurant, shop, store or warehouse to which members of the public are admitted and in which more than twenty persons are employed,

[F81(c)premises in respect of which a club premises certificate has effect under the Licensing Act 2003,]

(d)a school not exempted from the operation of building regulations, and

(e)a church, chapel or other place of public worship

but not—

(i)a private house to which members of the public are admitted occasionally or exceptionally,

(ii)a building that was used as a church, chapel or other place of public worship immediately before the date on which section 36 of the M2Public Health Acts Amendment Act 1890, or a corresponding provision in a local Act, came into operation in the district or rating district, or

(iii)a building that was so used immediately before the 1st October 1937 (the date of commencement of the M3Public Health Act 1936) in a district or rating district where neither the said section 36 nor such a corresponding provision ever came into operation.

Textual Amendments

F80Words in s. 24(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 57(2)(3)(b); S.I. 2004/2304, art. 2; S.I. 2004/2917, art 2

Modifications etc. (not altering text)

Marginal Citations

25 Provision of water supply.E+W

(1)Where plans of a house are, in accordance with building regulations, deposited with a local authority, the authority shall reject the plans unless a proposal is put before them that appears to them to be satisfactory for providing the occupants of the house with a supply of wholesome water sufficient for their domestic purposes—

(a)by connecting the house to a supply of water in pipes provided by . . . F82 water undertakers,

(b)if in all the circumstances it is not reasonable to require the house to be connected as aforesaid, by otherwise taking water into the house by means of a pipe, or

(c)if in all the circumstances neither of the preceding alternatives can reasonably be required, by providing a supply of water within a reasonable distance of the house,

and the authority are satisfied that the proposal can and will be carried into effect.

(2)Any question arising under subsection (1) above between a local authority and the person by whom, or on whose behalf, plans are deposited as to whether the local authority ought to pass the plans may on the application of that person be determined by a magistrates’ court.

(3)If, after any such plans as aforesaid have been passed, it appears to the local authority that the proposal for providing a supply of water—

(a)has not been carried into effect, or

(b)has not resulted in a supply of wholesome water sufficient for the domestic purposes of the occupants,

the authority shall give notice to the owner of the house prohibiting him from occupying it, or permitting it to be occupied, until the authority, being satisfied that such a supply has been provided, have granted him a certificate to that effect.

(4)Until a certificate is granted under subsection (3) above, the owner shall not occupy the house or permit it to be occupied.

(5)A person aggrieved by the refusal of the authority to grant such a certificate may apply to a magistrates’ court for an order authorising the occupation of the house, and, if the court is of opinion that a certificate ought to have been granted, the court may make an order authorising the occupation of the house, and such an order shall have the like effect as a certificate of the local authority.

(6)A person who contravenes subsection (4) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.

[F83(7)[F84Section 67 of the Water Industry Act 1991] (standards of wholesomeness of water) and any regulations made under that section shall apply for the purposes of subsection (1) above as they apply for the purposes of [F85Chapter III of Part III] of that Act.]

Textual Amendments

26–29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86E+W

Textual Amendments

F86Ss. 26–29 repealed by S.I. 1985/1065, reg. 18

Determination of questionsE+W

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87E+W

Textual Amendments

F87S. 30 repealed by S.I. 1985/1603, art. 3

[F88Determination by appropriate national authorityE+W

Textual Amendments

30ADetermination of certain applications by appropriate national authorityE+W

(1)This section applies where the building control authority fails to determine a prescribed application relating to higher-risk building work (“the original application”) within the relevant period.

(2)The applicant may apply to the appropriate national authority for the original application to be determined by that authority.

(3)An application under this section may be made only—

(a)before the end of the prescribed period, and 

(b)if the building control authority has not determined the original application.

(4)The building control authority may not determine the original application at any time after the making of an application under this section.

(5)Building regulations may make provision about applications under this section, including in particular provision—

(a)about the making of such applications;

(b)requiring an applicant to notify the building control authority of the making of an application;

(c)imposing duties on the building control authority in cases where an application is made;

(d)for and in connection with the appropriate national authority appointing a person to determine the original application (including provision conferring functions on that person and providing that their decision is treated as the decision of the appropriate national authority);

(e)about the procedure to be adopted in connection with the determination of the original application.

(6)The provision that may be made by virtue of subsection (5)(a) includes provision about—

(a)the form and content of applications;

(b)the information and documents that are to accompany an application;

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

(7)For the purposes of determining the original application by virtue of this section, this Act and building regulations apply in relation to the appropriate national authority (and any person appointed by virtue of subsection (5)(d)) as they apply in relation to the building control authority.

(8)The applicant may appeal to—

(a)the tribunal, against a decision of the Secretary of State made under this section;

(b)a magistrates’ court, against a decision of the Welsh Ministers made under this section.

(9)In this section “the relevant period” means—

(a)the period provided by building regulations as the period within which the building control authority is to make the decision, or

(b)if the regulations provide that that period may be extended by agreement between the applicant and the building control authority and such an agreement is made, the agreed period.]

Proposed departure from plansE+W

Prospective

31 Proposed departure from plans.E+W

(1)Where plans of any proposed work have been passed under section 16 above by a local authority, the person by or on whose behalf the plans were in accordance with building regulations deposited with the authority may, and in such cases as may be prescribed shall, for the purpose of obtaining the approval of the authority to any proposed departure or deviation from the plans as passed, deposit plans of the departure or deviation.

(2)Section 16 above applies in relation to plans deposited under subsection (1) above as it applies in relation to the plans originally deposited.

Lapse of deposit of plansE+W

32 [F89Lapse of deposit of plans.[F89Lapse of building control approval]]E+W

[F89(1)Where plans of any proposed work have, in accordance with building regulations, been deposited with a local authority, and—

(a)the plans have been passed by the authority, or

(b)notice of rejection of the plans has not been given within the relevant period from their deposit,

and the work to which the plans relate has not been commenced within three years from the deposit of the plans, the local authority may, at any time before the work is commenced, by notice to the person by whom or on whose behalf the plans were deposited, or other the owner for the time being of the land to which the plans relate, declare that the deposit of the plans is of no effect.

(2)Where a notice has been given under subsection (1) above, this Act and the building regulations shall, as respects the proposed work, have effect as if no plans had been deposited.]

[F89(1)This section applies where—

(a)an application for building control approval in respect of any work is made on any day (“the relevant day”), and

(b)the application is granted.

(2)Where—

(a)the work relates to one building, and

(b)the work is not commenced within 3 years from the end of the relevant day,

the relevant provisions have effect as if the application had not been made (and the approval had not been given).

(3)Where—

(a)the work relates to more than one building, and

(b)the work relating to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day,

the relevant provisions have effect in relation to those buildings and the relevant work as if the application had not been made (and the approval had not been given).

(4)In subsection (1) the reference to an application for building control approval is to an application for approval of a kind mentioned in paragraph 1B(2)(a) of Schedule 1.

(5)In this section “the relevant provisions” means this Act and regulations made under it except the following provisions and any regulations made under them—

(a)sections 56, 56A, 56B and 91A (records and registers etc);

(b)section 105B (fees and charges).

(6)Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.]

Textual Amendments

F89S. 32 substituted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 36(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o)

Prospective

Tests for conformity with building regulationsE+W

33 Tests for conformity with building regulations.E+W

(1)The following subsection has effect for the purpose of enabling a local authority to ascertain, as regards any work or proposed work to which building regulations for the enforcement of which they are responsible are applicable, whether any provision of building regulations is or would be contravened by, or by anything done or proposed to be done in connected with, that work.

(2)The local authority have power for that purpose—

(a)to require a person by whom or on whose behalf the work was, is being or is proposed to be done to carry out such reasonable tests of or in connection with the work as may be specified in the requirement, or

(b)themselves to carry out any reasonable tests of or in connection with the work, and to take any samples necessary to enable them to carry out such a test.

(3)Without prejudice to the generality of subsection (2) above, the matters with respect to which tests may be required or carried out under that subsection include—

(a)tests of the soil or subsoil of the site of a building,

(b)tests of any material, component or combination of components that has been, is being or is proposed to be used in the construction of a building, and tests of any service, fitting or equipment that has been, is being or is proposed to be provided in or in connection with a building.

(4)A local authority have power, for the purpose of ascertaining whether there is or has been, in the case of a building, a contravention of a continuing requirement that applies in relation to that building—

(a)to require the owner or occupier of the building to carry out such reasonable tests as may be specified in the requirement under this paragraph, or

(b)themselves to carry out any tests that they have power to require under paragraph (a) above, and to take any samples necessary to enable them to carry out such a test;

and in this subsection “continuing requirement” means a continuing requirement imposed by building regulations made by virtue of section 2(1) or (2) [F90or 2A] above.

(5)The expense of carrying out any tests that a person is required to carry out under this section shall be met by that person, except that the local authority, on an application made to them, may, if they think it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the local authority.

(6)Any question arising under this section between a local authority and a person as to the reasonableness of—

(a)a test specified in a requirement imposed on him by the authority under this section,

(b)a refusal by the authority to give a direction under subsection (5) above on an application made by him, or

(c)a direction under that subsection given on such an application,

may on the application of that person be determined by a magistrates’ court; and in a case falling within paragraph (b) or (c) above the court may order the expense to which the application relates to be met by the local authority to such extent as the court thinks just.

Textual Amendments

F90Words in s. 33(4) inserted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 4(2), 11(4)

Classification of buildingsE+W

34 Classification of buildings.E+W

For the purposes of building regulations and of a direction given or instrument made with reference to building regulations, buildings may be classified by reference to size, description, design, purpose, location or any other characteristic whatsoever.

Breach of building regulationsE+W

35[F91 Penalty for contravening building regulations.[F91Offence of contravening building regulations etc]]E+W

[F91If a person contravenes any provision contained in building regulations, other than a provision designated in the regulations as one to which this section does not apply, he is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50 for each day on which the default continues after he is convicted.]

[F91(1)A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.

(2)Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations.

(3)Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed.

(4)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.]

Textual Amendments

F91S. 35 substituted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 39(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(r)

Modifications etc. (not altering text)

C35S. 35 excluded by S.I. 2010/2214, reg. 47 (as substituted (W.) (8.6.2018) by The Building Regulations c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 12 (with reg. 29))

C36S. 35 excluded by S.I. 2010/2214, reg. 47 (as substituted (W.) (1.11.2018) by The Building (Amendment) (Wales) Regulations 2018 (S.I. 2018/552), regs. 1(3), 4 (with reg. 6))

[F9235ATime limit for prosecution for contravention of F93... building regulationsE+W

(1)Despite anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43), an information relating to [F94an offence under section 35 above] may be tried by a magistrates' court if it is laid at any time—

(a)within the period of two years beginning with the day on which the offence was committed, and

(b)within the period of six months beginning with the relevant date.

F95(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1)(b) above, “ the relevant date ” means the date on which evidence sufficient to justify the proceedings comes to the knowledge of the person commencing the proceedings.

(5)In the case of proceedings commenced by a local authority—

(a)evidence is to be regarded for the purposes of subsection (4) above as sufficient to justify the proceedings if in the opinion of the proper officer or an authorised officer it is sufficient to justify the proceedings, and

(b)a certificate of the proper officer or, as the case may be, that authorised officer as to the date on which evidence which, in his opinion, was sufficient to justify the proceedings came to the knowledge of the person commencing the proceedings is to be conclusive evidence of that fact.

F97(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

[F98Notices in respect of contraventionsE+W

Textual Amendments

F98Ss. 35B-35D and cross-heading inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 38(1), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(q)

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.

35CStop noticesE+W

(1)The building control authority may give a stop notice to a person appearing to the authority to be in control of any work if it appears to the authority that—

(a)the carrying out of the work would contravene a provision of building regulations prescribed for the purposes of this paragraph,

(b)a compliance notice relating to the work has been contravened, or

(c)the work contravenes a provision of building regulations or a requirement imposed by virtue of such a provision, and the risk of serious harm condition is met.

(2)For the purposes of subsection (1)(c) the “risk of serious harm condition” is that use of the building in question without the contravention having been remedied would be likely to present a risk of serious harm to people in or about the building.

(3)A “stop notice” is a notice prohibiting, either immediately or from a specified time, the carrying out of specified work until the occurrence of such of the following as may be specified—

(a)the taking of specified steps;

(b)the occurrence of specified circumstances;

(c)the remedying of a specified contravention or the matters giving rise to it.

(4)Where a stop notice is contravened, the person to whom the notice was given 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)It is a defence for a person charged with an offence under this section to prove that the person took all reasonable precautions and exercised all due diligence to avoid the contravention of the stop notice.

(7)In this section “specified” means specified in the notice.

35DCompliance and stop notices: supplementaryE+W

(1)Building regulations may make provision about compliance notices or stop notices.

(2)The regulations may in particular make provision about—

(a)the form and content of notices;

(b)the giving of notices;

(c)the amendment or withdrawal of notices;

(d)the extension of any period specified in a compliance notice for the doing of a thing.

(3)The regulations may require a building control authority which gives a notice to a person to take reasonable steps to notify other prescribed persons.

(4)A compliance notice, or a stop notice under section 35C(1)(a), may not be given in respect of a contravention (including a future contravention) where—

(a)an application for building control approval was made to a building control authority in respect of any work that is not higher-risk building work,

(b)the application was granted, and

(c)the contravention consists (or would consist) of the carrying out of work or the doing of anything else in accordance with—

(i)the plans, or any other document, approved by the grant of building control approval, and

(ii)any requirement imposed by the building control authority in connection with the work or other thing.]

36 Removal or alteration of offending work.E+W

(1)If any work to which building regulations are applicable contravenes any of those regulations, the local authority, without prejudice to their right to take proceedings for a fine in respect of the contravention, may by notice require the owner—

(a)to pull down or remove the work, or

(b)if he so elects, to effect such alterations in it as may be necessary to make it comply with the regulations.

(2)If, in a case where the local authority are, by any section of this Part of this Act other than section 16, expressly required or authorised to reject plans, any work to which building regulations are applicable is executed—

(a)without plans having been deposited,

(b)notwithstanding the rejection of the plans, or

(c)otherwise than in accordance with any requirements subject to which the authority passed the plans,

the authority may by notice to the owner—

(i)require him to pull down or remove the work, or

(ii)require him either to pull down or remove the work or, if he so elects, to comply with any other requirements specifed in the notice, being requirements that they might have made under the section in question as a condition of passing plans.

(3)If a person to whom a notice has been given under subsection (1) or (2) above fails to comply with the notice before the expiration of 28 days, or such longer period as a magistrates’ court may on his application allow, the local authority may—

(a)pull down or remove the work in question, or

(b)effect such alterations in it as they deem necessary,

and may recover from him the expenses reasonably incurred by them in doing so.

(4)A notice under subsection (1) or (2) above (called a “section 36 notice”) shall not be given after the expiration of [F9912 months] [F9910 years] from the date of the completion of the work in question.

(5)A section 36 notice shall not be given, in a case where plans were deposited and the work was shown on them, on the ground that the work contravenes any building regulations or, as the case may be, does not comply with the authority’s requirements under any section of this Act other than section 16, if—

(a)the plans were passed by the authority, or

(b)notice of their rejection was not given within the relevant period from their deposit,

and if the work has been executed in accordance with the plans and of any requirement made by the local authority as a condition of passing the plans.

(6)This section does not affect the right of a local authority, the Attorney General or any other person to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any regulation or any provision of this Act; but if—

(a)the work is one in respect of which plans were deposited,

(b)the plans were passed by the local authority, or notice of their rejection was not given within the relevant period from their deposit, and

(c)the work has been executed in accordance with the plans,

the court on granting an injunction has power to order the local authority to pay to the owner of the work such compensation as the court thinks just, but before making any such order the court shall in accordance with rules of court cause the local authority, if not a party to the proceedings, to be joined as a party to them.

Textual Amendments

F99Words in s. 36(4) substituted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 39(3), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(r)

Modifications etc. (not altering text)

C37S. 36(2)–(6) amended by Midland Metro Act 1989 (c. xv), s. 45(10)s. 36(2)-(6) extended (27.7.1993) by 1993 c. xv, s. 55(10).S. 36(2)-(6) applied with modifications (21.7.1994) by 1994 c. XV, s. 58(10)

37 Obtaining of report where section 36 notice given.E+W

(1)In a case where—

(a)a person to whom a section 36 notice has been given gives to the local authority by whom the notice was given notice of his intention to obtain from a suitably qualified person a written report concerning work to which the section 36 notice relates, and

(b)such a report is obtained and submitted to the local authority and, as a result of their consideration of it, the local authority withdraw the section 36 notice,

the local authority may pay to the person to whom the section 36 notice was given such amount as appears to them to represent the expenses reasonably incurred by him in consequence of their having given him that notice including, in particular, his expenses in obtaining the report.

(2)Subject to subsection (3) below, if a person to whom a section 36 notice has been given gives notice under subsection (1)(a) above, then, so far as regards the matters to which the section 36 notice relates, the reference to 28 days in section 36(3) above shall be construed as a reference to 70 days.

(3)Notice under subsection (1)(a) above shall be given before the expiry of the period of 28 days referred to in section 36(3) above, or, as the case may be, within such longer period as a court allows under section 36(3); and, where such a longer period has been so allowed before notice is given under subsection (1)(a) above, subsection (2) above does not apply.

Prospective

38 Civil liability.E+W

(1)Subject to this section—

(a)breach of a duty imposed by building regulations, so far as it causes damage, is actionable, except in so far as the regulations provide otherwise, and

(b)as regards such a duty, building regulations may provide for a prescribed defence to be available in an action for breach of that duty brought by virtue of this subsection.

(2)Subsection (1) above, and any defence provided for in regulations made by virtue of it, do not apply in the case of a breach of such a duty in connection with a building erected before the date on which that subsection comes into force unless the regulations imposing the duty apply to or in connection with the building by virtue of section 2(2) [F100or 2A] above or paragraph 8 of Schedule 1 to this Act.

(3)This section does not affect the extent (if any) to which breach of—

(a)a duty imposed by or arising in connection with this Part of this Act or any other enactment relating to building regulations, or

(b)a duty imposed by building regulations in a case to which subsection (1) above does not apply,

is actionable, or prejudice a right of action that exists apart from the enactments relating to building regulations.

(4)In this section, “damage” includes the death of, or injury to, any person (including any disease and any impairment of a person’s physical or mental condition).

Textual Amendments

F100Words in s. 38(2) inserted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 4(3), 11(4)

Appeals in certain casesE+W

39 Appeal against refusal etc. to relax building regulations.E+W

(1)If a local authority refuse an application to dispense with or relax a requirement in building regulations that they have power to dispense with or relax, the applicant may by notice in writing appeal to the Secretary of State within one month from the date on which the local authority notify the applicant of their refusal.

(2)If, within—

(a)a period of two months beginning with the date of an application, or

(b)such extended period as may at any time be agreed in writing between the applicant and the local authority,

the local authority do not notify the applicant of their decision on the application, subsection (1) above applies in relation to the application as if the local authority had refused the application and notified the applicant of their decision at the end of the said period.

(3)The notice of appeal shall set out the grounds of appeal, and a copy of the notice of appeal shall be sent to the local authority.

(4)The local authority, on receiving a copy of the notice of appeal, shall at once transmit to the Secretary of State a copy of the application and a copy of all the documents furnished by the applicant for the purposes of his application.

(5)The local authority shall at the same time give to the Secretary of State in writing any representations that they desire to make as regards the appeal, and shall send a copy to the appellant.

(6)If the Secretary of State allows the appeal, he shall give such directions for dispensing with or relaxing building regulations as may be appropriate.

[F10139AAppeals against compliance notices and stop notices etcE+W

(1)A person to whom a compliance notice has been given may appeal to the appropriate court or tribunal.

(2)Where an appeal under subsection (1) is made—

(a)the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and

(b)the specified period mentioned in section 35B(2) is treated as extended by the period—

(i)beginning with the day on which the appeal is made, and

(ii)ending with the day on which the appeal is finally determined or withdrawn.

(3)A person to whom a compliance notice has been given may apply to the appropriate court or tribunal for an extension of the period for the doing of the thing specified in the notice.

(4)Subsection (2) applies in relation to such an application as it applies in relation to an appeal under subsection (1).

(5)A person to whom a stop notice has been given may appeal to the appropriate court or tribunal.

(6)Where an appeal under subsection (5) is made—

(a)the appellant may apply to the appropriate court or tribunal for a direction that the stop notice is of no effect pending the final determination or withdrawal of the appeal, and

(b)unless and until any such direction is given, the stop notice continues to have effect despite the making of the appeal.]

Textual Amendments

40 Appeal against section 36 notice.E+W

(1)A person aggrieved by the giving of a section 36 notice may appeal to a magistrates’ court F102....

(2)Subject to subsection (3) below, on an appeal under this section the court shall—

(a)if it determines that the local authority were entitled to give the notice, confirm the notice, and

(b)in any other case, give the local authority a direction to withdraw the notice.

(3)If, in a case where the appeal is against a notice under section 36(2)

above, the court is satisfied that—

(a)the local authority were entitled to give the notice, but

(b)in all the circumstances of the case the purpose for which was enacted the section of this Act by virtue of which the notice was given has been substantially achieved,

the court may give a direction under subsection (2)(b) above.

(4)An appeal under this section shall be brought—

(a)within 28 days of the giving of the section 36 notice, or

(b)in a case where the person to whom the section 36 notice was given gives notice under section 37(1)(a) above, within 70 days of the giving of the section 36 notice.

(5)Where an appeal is brought under this section—

(a)the section 36 notice is of no effect pending the final determination or withdrawal of the appeal, and

(b)section 36(3) above has effect in relation to that notice as if after the words “28 days” there were inserted the words “(beginning, in a case where an appeal is brought under section 40 below, on the date when the appeal is finally determined or, as the case may be, withdrawn)”.

(6)If, on an appeal under this section, there is produced to the court a report that has been submitted to the local authority under section 37(1) above, the court, in making an order as to costs, may treat the expenses incurred in obtaining the report as expenses incurred for the purposes of the appeal.

Textual Amendments

41 Appeal to Crown Court.E+W

(1)Where a person—

(a)is aggrieved by an order, determination or other decision of a magistrates’ court under this Part of this Act, or under Part IV of this Act as it applies in relation to this Part, and

(b)is not by any other enactment authorised to appeal to the Crown Court.

he may appeal to the Crown Court.

(2)Subsection (1) above does not confer a right of appeal in a case in which each of the parties concerned might under this Act have required that the dispute should be determined by arbitration instead of by a magistrates’ court.

Prospective

42 Appeal and statement of case to High Court in certain cases.E+W

(1)Where the Secretary of State gives a decision in proceedings—

(a)on an appeal under section 20 or 39 above,

(b)on a reference under section 16 above or 50 below, or

(c)on an application for a direction under section 8 above where the power of giving the direction is not exercisable by the local authority,

the relevant person or the local authority or, as the case may be, the approved inspector may appeal to the High Court against the decision on a point of law.

(2)In subsection (1) above, “the relevant person” means—

(a)as regards an appeal under the said section 20 or 39, the appellant,

(b)as regards a reference under the said section 16 or 50, the person on whose application the reference was made,

(c)as regards such an application as is mentioned in subsection (1)(c) above, the applicant.

(3)At any stage of the proceedings on such an appeal, reference or application as is metioned in subsection (1) above—

(a)the Secretary of State may state a question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court, and

(b)a decision of the High Court on a case so stated is deemed to be a judgment of the court within the meaning of section 16 of the M4[F103Senior Courts Act 1981] (appeals from the High Court to the Court of Appeal).

(4)In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court includes power to make rules—

(a)prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State, and

(b)providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

(5)No appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

(6)In this section, “decision” includes a direction, and references to the giving of a decision shall be construed accordingly.

(7)Until such day as the Secretary of State may by order appoint, subsections (1) and (2) above have effect as if—

(a)in subsection (1)(b), for “section 16 above or 50 below” there were substituted “section 30 above”,

(b)in subsection (1), the words “or, as the case may be, the approved inspector” were omitted, and

(c)in subsection (2)(b), for “section 16 or 50” there were substituted “section 30” and the words “(jointly with the local authority)” were inserted after

“application”.

Textual Amendments

Marginal Citations

Prospective

43 Procedure on appeal to Secretary of State on certain matters.E+W

(1)On an appeal to the Secretary of State under section 20 or 39 above, the Secretary of State may at his discretion afford to the appellant and the local authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(2)On determining such an appeal, the Secretary of State shall give such directions, if any, as he considers appropriate for giving effect to his determination.

(3)Without prejudice to paragraph 10(c) of Schedule 1 to this Act, building regulations may, in connection with such an appeal, include such supplementary provisions with respect to procedure as the Secretary of State thinks fit.

Prospective

Application of building regulations to Crown etc.E+W

44 Application to Crown.E+W

(1)Except in so far as buildings regulations provide otherwise, the substantive requirements of building regulations—

(a)apply in relation to work carried out or proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) as they would apply if the person by or on behalf of whom the work was or is to be carried out were not a Crown authority, and

(b)so far as they consist of continuing requirements, apply to Crown authorities (whether or not in relation to Crown buildings) as they apply to persons who are not Crown authorities.

(2)In so far as building regulations so provide as regards any of the substantive requirements of building regulations, those requirements—

(a)apply in relation to work carried out or proposed to be carried out as mentioned in subsection (1)(a) above in inner London, and

(b)so far as they consist of continuing requirements, apply to Crown authorities there as mentioned in subsection (1)(b) above,

even if those requirements do not apply there in the case of work carried out or proposed to be carried out otherwise than by or on behalf of a Crown authority or, in the case of continuing requirements, do not apply there to persons other than Crown authorities.

(3)Except in so far as building regulations provide otherwise, building regulations and the enactments relating to building regulations—

(a)apply in relation to work carried out or proposed to be carried out in relation to a Crown building otherwise than by or on behalf of a Crown authority, and, in the case of section 2 above and building regulations made by virtue of it, apply in relation to a Crown building to persons other than Crown authorities, as they would apply if the building were not a Crown building, and

(b)apply in relation to work carried out or proposed to be carried out by or on behalf of a government department acting for a person other than a Crown authority as they would apply if the work had been or were to be carried out by that person.

(4)Section 38 above and any building regulations made by virtue of subsection (1) of that section apply in relation to duties imposed by building regulations in their application in accordance with subsections (1) to (3) above.

(5)Where—

(a)work is carried out or proposed to be carried out by or on behalf of a Crown authority, or

(b)a Crown authority is or (apart from any dispensation or relaxation) will be subject to continuing requirements,

that authority may exercise the like powers of dispensing with or relaxing the substantive requirements of building regulations or, as the case may be, the continuing requirements in question as are conferred on the Secretary of State and local authorities by virtue of section 8 above (other than a power that by virtue of paragraph 6 of Schedule 1 to this Act is exercisable otherwise than by a local authority), subject to—

(i)the like requirements as to consultation (if any) as apply by virtue of paragraph 3 of Schedule 1 to this Act in the case of a local authority (but not the requirements of the said section 8 as to consultation with the local authority), and

(ii)the like requirements as in the case of the Secretary of State apply by virtue of section 10 above,

and no application is necessary for the exercise of any such powers by virtue of this subsection.

(6)In relation to continuing requirements, references in subsection (5) above to section 8 above are references to it as modified by section 2(6) above.

(7)For the purposes of subsection (5) above, work carried out or proposed to be carried out by or on behalf of a government department acting for another Crown authority shall be treated as carried out or proposed to be carried out by or on behalf of that department (and not by or on behalf of the other Crown authority).

(8)In this section—

  • “continuing requirement” means a continuing requirement of building regulations imposed by virtue of section 2(1) or (2)(a) or (b) above;

  • “Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the crown (not being a person or body whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;

  • “Crown building” means a building in which there is a Crown interest or a Duchy interest;

  • “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;

  • “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.

(9)If any question arises under this section as to which Crown authority is entitled to exercise any such powers as are mentioned in subsection (5) above, that question shall be referred to the Treasury, whose decision is final.

(10)This section, with any necessary modifications, applies in relation to the making of a material change in the use of a building within the meaning of building regulations made for the purposes of paragraph 8(1)(e) of Schedule 1 to this Act as it applies in relation to the carrying out of work.

Modifications etc. (not altering text)

C38S. 44 extended (17.7.1992) by S.I. 1992/1732, art. 4(1)(a)

45 Application to United Kingdom Atomic Energy Authority.E+W

(1)The provisions of section 44(1) and (4) to (10) above apply in relation to the United Kingdom Atomic Energy Authority (in this section referred to as “the Authority”) as if—

(a)the Authority were a Crown authority,

(b)a building belonging to or occupied by the Authority were a Crown building, and

(c)the references in subsection (1) to not being a Crown authority were references to being neither a Crown authority nor the Authority,

but the said provisions do not by virtue of this subsection apply in relation to dwelling-houses or offices belonging to or occupied by the Authority.

(2)Subject to the said provisions as applied by subsection (1) above, building regulations and the enactments relating to building regulations do not apply in relation to buildings belonging to or occupied by the Authority, except dwelling-houses and offices.

Inner LondonE+W

46 Inner London.E+W

In its application to inner London, this Part of this Act has effect subject to Part I of Schedule 3 to this act.

[F104Building control authorities: restricted activities and functionsE+W

Textual Amendments

F104S. 46A and cross-heading inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 44(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(t)

46ABuilding control authorities: restricted activities and functionsE+W

(1)A building control authority may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the authority’s behalf, whose registration has effect in relation to work of that description.

(2)Before each exercise of a restricted function in relation to any work, a building control authority must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.

(3)The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the authority.

(4)In this section—

  • “restricted activity” means an activity that is prescribed for the purposes of this section;

  • “restricted function” means a function of a building control authority under—

    (a)

    this Part,

    (b)

    Part 3, or

    (c)

    regulations made under this Part or Part 3,

    that is prescribed for the purposes of this section.]

Part IIE+W Supervision of Building Work etc. otherwise than by Local Authorities

Supervision of plans and work by approved inspectorsE+W

47 Giving and acceptance of initial notice.E+W

(1)If—

(a)a notice in the prescribed form [F105relating to work that is not higher-risk building work] (called an “initial notice”) is given jointly to a local authority by a person intending to carry out [F106the] work and a person who is an approved inspector in relation to that work,

(b)the initial notice is accompanied by such plans of the work as may be prescribed,

(c)F107...and

(d)the initial notice is accepted by the local authority,

then, so long as the initial notice continues in force, the approved inspector by whom the notice was given shall undertake such functions as may be prescribed with respect to the inspection of plans of the work [F108to which the notice relates], the supervision of that work and the giving [F109and receiving] of certificates and other notices.

(2)A local authority to whom an initial notice is given—

(a)may not reject the notice except on prescribed grounds, and

(b)shall reject the notice if any of the prescribed grounds exists,

and, in a case where the work to which an inital notice relates is work of such a description that, if plans of it had been deposited with the local authority, the authority could, under any enactment, have imposed requirements as a condition of passing the plans, the local authority may impose the like requirements as a condition of accepting the initial notice.

(3)Unless, within the prescribed period, the local authority to whom an initial notice is given give notice of rejection, specifying the ground or grounds in question, to each of the persons by whom the initial notice was give, the authority is conclusively presumed to have accepted the initial notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

[F110(3A)Subsection (3) does not apply in prescribed circumstances.]

(4)An initial notice—

(a)comes into force when it is accepted by the local authority, either by notice given within the prescribed period to each of the persons by whom it was given or by virtue of subsection (3) above, and

(b)subject to section 51(3) [F111below] [F111(final certificates) and section 53A (lapse of initial notice)], continues in force until—

(i)it is cancelled by a notice under section 52 below, [F112or]

[F113(ia)it is cancelled, in whole or in part, by a notice under section 52A,]

[F114(ib)it is cancelled by a notice under section 53D, or]

(ii)the occurrence of, or the expiry of a prescribed period of time beginning on the date of, such event as may be prescribed;

and building regulations may empower a local authority to extend (whether before or after its expiry) any such period of time as is referred to in paragraph (ii) above.

(5)The form prescribed for an initial notice may be such as to require—

(a)either or both of the persons by whom the notice is to be given to furnish information relevant for the purposes of this Act, Part II or IV of the M5Public Health Act 1936 or any provision of building regulations, and

(b)the approved inspector by whom the notice is to be given to enter into undertakings with respect to his performance of any of the functions referred to in subsection (1) above.

F115(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F116(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F117(8)This section is subject to sections 53 and 53B (new initial notices).]

Textual Amendments

F105Words in s. 47(1)(a) inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 46(1)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(u)

F108Words in s. 47(1) substituted (14.10.1996) by S.I. 1996/1905, art. 3(2)(a)

F111Words in s. 47(4)(b) substituted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 36(3), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o)

F112Word in s. 47(4)(b) omitted (6.4.2023 for specified purposes) by virtue of Building Safety Act 2022 (c. 30), ss. 46(4)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(u)

Modifications etc. (not altering text)

C39S.47 excluded (21.7.1994) by 1994 c. XV, s. 58(9)

Marginal Citations

48 Effect of initial notice.E+W

(1)So long as an initial notice continues in force, the function of enforcing building regulations that is conferred on a local authority by section 91(2) below is not exercisable in relation to the work [F118to which the notice relates], and accordingly—

(a)a local authority may not give a notice under section 36(1) above in relation to [F119that work], and

(b)a local authority may not institute proceedings under section 35 above for a contravention of building regulations that arises out of the carrying out of [F119that work].

(2)For the purposes of the enactments specified in subsection (3) below—

(a)the giving of an initial notice accompanied by such plans as are referred to in section 47(1)(b) above shall be treated as the deposit of plans,

(b)the plans accompanying an initial notice shall be treated as the deposited plans,

(c)the acceptance or rejection of an initial notice shall be treated as the passing or, as the case may be, the rejection of plans, and

(d)the cancellation of an initial notice under section 52(5) below shall be treated as a declaration under section 32 above that the deposit of plans is of no effect.

(3)The enactments referred to in subsection (2) above are—

(a)section 36(2) above,

(b)section 36(5) above, in so far as it relates to a notice under section 36(2) above and to non-compliance with any such requirement as is referred to in that subsection,

(c)section 36(6) above, in so far as it relates to a contravention of this Act,

(d)section 18(2) above, and

(e)sections 219 to 225 of the M6Highways Act 1980 (the advance payments code).

F120(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118Words in s. 48(1) substituted (14.10.1996) by S.I. 1996/1905, art. 3(3)(a)

F119Words in s. 48(1)(a)(b) substituted (14.10.1996) by S.I. 1996/1905, art. 3(3)(b)

Modifications etc. (not altering text)

C40S. 48(2) amended by Midland Metro Act 1989 (c. xv), s. 45(10)S. 48(2) extended (27.7.1993) by 1993 c. xv, s. 55(10).S. 48(2) applied with modifications (21.7.1994) by 1994 c. XV, s. 58(10)

Marginal Citations

49 Approved inspectors.E+W

(1)In this Act, “approved inspector” means a person who, in accordance with building regulations, is approved for the purposes of this Part of this Act—

(a)by the Secretary of State, or

(b)by a body (corporate or unincorporated) that, in accordance with the regulations, is designated by the Secretary of State for the purpose.

(2)Any such approval as is referred to in subsection (1) above may limit the description of work in relation to which the person concerned is an approved inspector.

(3)Any such designation as is referred to in subsection (1)(b) above may limit the cases in which and the terms on which the body designated may approve a person and, in particular, may provide that any approval given by the body shall be limited as mentioned in subsection (2) above.

(4)There shall be paid on an application for any such approval as is referred to in subsection (1) above—

(a)where the application is made to the Secretary of State, such fee as may be prescribed,

(b)where the application is made to a body designated by him as mentioned in that subsection, such fee as that body may determine.

(5)Building regulations may—

(a)contain provision prescribing the period for which, subject to any provision made by virtue of paragraph (b) or (c) below, any such approval as is referred to in subsection (1) above continues in force,

(b)contain provision precluding the giving of, or requiring the withdrawal of, any such approval as is referred to in subsection (1) above in such circumstances as may be prescribed,

(c)contain provision authorising the withdrawal of any such approval or designation as is referred to in subsection (1) above,

(d)provide for the maintenance—

(i)by the Secretary of State of a list of bodies that are for the time being designated by him as mentioned in subsection (1) above, and

(ii)by the Secretary of State and by each designated body of a list of persons for the time being approved by him or them as mentioned in that subsection,

(e)make provision for the supply to local authorities of copies of any list of approved inspectors maintained by virtue of paragraph (d) above and for such copy lists to be made available for inspection, and

(f)make provision for the supply, on payment of a prescribed fee, of a certified copy of any entry in a list maintained by virtue of paragraph (d) above or in a copy list held by a local authority by virtue of paragraph (e) above.

(6)Unless the contrary is proved, in any proceedings (whether civil or criminal) a document that appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (5)(d) above or in a copy of such a list supplied as mentioned in subsection (5)(e) above—

(a)is presumed to be a true copy of an entry in the current list so maintained, and

(b)is evidence of the matters stated in it.

(7)An approved inspector may make such charges in respect of the carrying out of the functions referred to in section 47(1) above as may in any particular case be agreed between him and the person who intends to carry out the work in question or, as the case may be, by whom that work is being or has been carried out.

(8)Nothing in this Part of this Act prevents an approved inspector from arranging for plans or work to be inspected on his behalf by another person; but such a deletation—

(a)shall not extend to the giving of a certificate under section 50 or 51 below, and

(b)shall not affect any liability, whether civil or criminal, of the approved inspector which arises out of functions conferred on him by this Part of this Act or by building regulations,

and, without prejudice to the generality of paragraph (b) above, an approved inspector is liable for negligence on the part of a person carrying out an inspection on his behalf in like manner as if it were negligence by a servant of his acting in the course of his employment.

50 Plans certificates.E+W

[F121(1)Where an approved inspector—

(a)has inspected plans of the work [F122to which an initial notice given by him relates].

(b)is satisfied that the plans neither are defective nor show that work carried out in accordance with them would contravene any provision of building regulations, and

(c)has complied with any prescribed requirements as to consultation or otherwise,

he shall, if requested to do so by the person intending to carry out the work, give a certificate in the prescribed form (called a “plans certificate”) to the local authority and to that person.]

[F121(1)In this Part a “plans certificate” means a certificate by a registered building control approver that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the approver has given an initial notice).

(1A)The relevant conditions are that the registered building control approver—

(a)has inspected—

(i)full plans of the work, or

(ii)plans of the work that the approver is satisfied are sufficient for the purposes of giving a plans certificate in relation to the work,

(b)is satisfied that the plans are not defective,

(c)is satisfied that work carried out in accordance with the plans would not contravene any provision of building regulations, and

(d)has complied with any prescribed requirements as to consultation or otherwise.

(1B)Subsection (1C) applies if the person intending to carry out work to which an initial notice relates asks the registered building control approver who gave the initial notice to give a plans certificate in respect of the work.

(1C)If the relevant conditions are met, the approver must give a plans certificate to the local authority and the person intending to carry out the work.

(1D)A plans certificate must be in the prescribed form.]

(2)If any question arises under subsection (1) above between an approved inspector and a person who proposes to carry out any work whether plans of the work are in conformity with building regulations, that person may refer the question to the Secretary of State for his determination.

(3)An application for a reference under subsection (2) above shall be accompanied by such fee as may be prescribed.

(4)Building regulations may authorise the giving of an initial notice combined with a [F123certificate under subsection (1)] [F123plans certificate] above, and may prescribe a single form for such a combined notice and certificate; and where such a prescribed form is used—

(a)a reference in this Part of this Act to an initial notice or to a plans certificate includes a reference to that form, but

(b)should the form cease to be in force as an ititial notice by virtue of section 47(4) above, nothing in that subsection affects the continuing validity of the form as a plans certificate.

(5)A plans certificate—

(a)may relate either to the whole or to part only of the work [F124to which the initial notice concerned relates], and

(b)does not have effect unless it is accepted by the local authority to whom it is given.

(6)A local authority to whom a plans certificate is given—

(a)may not reject the certificate except on prescribed grounds, and

(b)shall reject the certificate if any of the prescribed grounds exists.

(7)Unless, within the prescribed period, the local authority to whom a plans certificate is given give notice of rejection, specifying the ground or grounds in question, to—

(a)the approved inspector by whom the certificate was given, and

(b)the other person to whom the approved inspector gave the certificate,

the authority shall be conclusively presumed to have accepted the certificate.

[F125(7A)Building regulations may make further provision in connection with plans certificates, including in particular provision—

(a)requiring a plans certificate to be given to the local authority in prescribed cases;

(b)about the consequences of failing to comply with such a requirement (for example, for an initial notice to cease to have effect in whole or in part);

(c)requiring a plans certificate stating that the condition in subsection (1A)(a)(ii) is met to include prescribed information about the further plans that the registered building control approver considers need to be provided.]

(8)[F126If it appears to a local authority by whom a plans certificate has been accepted that the work to which the certificate relates has not been commenced within the period of three years beginning on the date on which the certificate was accepted, the authority may rescind their acceptance of the certificate by notice, specifying the ground or grounds in question, given—

(a)to the approved inspector by whom the certificate was given, and

(b)to the person shown in the initial notice concerned as the person intending to carry out the work.]

Textual Amendments

F122Words in s. 50(1)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(4)(a)

F123Words in s. 50(4) substituted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 49(2)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v)

F124Words in s. 50(5)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(4)(b)

F126S. 50(8) omitted (6.4.2023 for specified purposes) by virtue of Building Safety Act 2022 (c. 30), ss. 36(4), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o)

51 Final certificates.E+W

F127[(1)Where an approved inspector is satisfied that any work to which an initial notice given by him relates has been completed, he shall give to the local authority by whom the initial notice was accepted such certificate with respect to the completion of the work and the discharge of his functions as may be prescribed (called a “final certificate”).]

(2)Section 50(5) to (7) above has effect in relation to a final certificate as if any reference in those subsections to a plans certificate were a reference to a final certificate.

(3)Where a final certificate—

(a)has been given with respect to any of the work [F128to which an initial notice relates], and

(b)has been accepted by the local authority concerned,

the initial notice ceases to apply to that work, but section 48(1) above continues to apply, by virtue of this subsection, in relation to that work as if the initial notice continued in force in relation to it.

Textual Amendments

F127S. 51(1) substituted (14.10.1996) by S.I. 1996/1905, art.4

F128Words in s. 51(3)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(5)

Modifications etc. (not altering text)

C41S. 51(1) restricted (prosp.) by Smoke Detectors Act 1991 (c. 37, SIF 15), ss. 5(3), 7(3).

[F12951A Variation of work to which initial notice relates.E+W

[F130(1)This section applies where it is proposed that the work to which an initial notice relates should be varied.]

[F130(1)This section applies where—

(a)it is proposed that the work to which an initial notice relates should be varied, and

(b)the work as varied is not higher-risk building work.]

(2)If—

(a)a notice in the prescribed form (called an “amendment notice”)—

(i)is given to the local authority by whom the initial notice was accepted, and

(ii)is jointly given by the approved inspector who gave the initial notice and by the person shown in the amendment notice as the person intending to carry out the relevant work,

(b)the amendment notice is accompanied by such plans of the proposed variation as may be prescribed,

F131(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the amendment notice—

(i)is accepted by the local authority giving notice of acceptance within the prescribed period to each of the persons by whom the amendment notice was given, or

(ii)is deemed to have been accepted by the local authority by virtue of subsection (5) below,

the work to which the initial notice relates shall be treated as varied as proposed in the amendment notice.

(3)A local authority to whom an amendment notice is given—

(a)may not reject the notice except on prescribed grounds, and—

(b)shall reject the notice if any of the prescribed grounds exists.

(4)Where the relevant work is of such a description that, if plans of it had been deposited with the local authority, the authority could, under any enactment, have imposed requirements as a condition of passing the plans, the local authority may impose the like requirements as a condition of accepting the amendment notice.

(5)Unless, within the prescribed period, the local authority to whom an amendment notice is given give notice of rejection, specifying the ground or grounds in question, to each of the persons by whom the notice was given, the authority is conclusively presumed to have accepted it and to have done so without imposing any such requirements as are referred to in subsection (4) above.

[F132(5A)Subsection (5) does not apply in prescribed circumstances.]

(6)Section 47(5) shall apply in relation to the form prescribed for an amendment notice as it applies in relation to the form prescribed for an initial notice.

(7)In this section, references to the relevant work are to the work to which the initial notice, as proposed to be varied, relates.]

Textual Amendments

F129Ss. 51A, 51B, 51C inserted (14.10.1996) by S.I. 1996/1905, art.2

[F13351B Effect of amendment noticeE+W

(1)For the purposes of the enactments specified in section 48(3) above—

(a)the giving of an amendment notice accompanied by such plans as are referred to in section 51A(2)(b) above shall be treated as the deposit of plans,

(b)the acceptance or rejection of an amendment notice shall be treated as the passing, or, as the case may be, the rejection of plans,

(c)where an initial notice is varied by an amendment notice, the deposited plans shall be treated—

(i)as including the plans accompanying the amendment notice, and

(ii)as excluding such of the plans previously treated as the deposited plans as are superseded by the plans accompanying the amendment notice, and

(d)where an initial notice has been varied by an amendment notice, the cancellation of the initial notice under section 52(5) below shall be treated as a declaration under section 32 above that the deposit of plans constituted by the giving of the amendment notice is of no effect.

F134(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F133Ss. 51A, 51B, 51C inserted (14.10.1996) by S.I. 1996/1905, art.2

[F13551C Change of person intending to carry out workE+W

(1)This section applies where it is proposed that the work to which an initial notice relates should be carried out by a different person.

(2)If—

(a)the approved inspector who gave the initial notice, and

(b)the person who now proposes to carry out the work to which the initial notice relates,

jointly give written notice of the proposal to the local authority by whom the initial notice was accepted, the initial notice shall be treated as showing as the person intending to carry out the work to which it relates the person mentioned in the notice under this section.]

Textual Amendments

F135Ss. 51A, 51B, 51C inserted (14.10.1996) by S.I. 1996/1905, art.2

52 Cancellation of initial notice.E+W

(1)If, at a time when an initial notice is in force—

(a)the approved inspector becomes or expects to become unable to carry out (or to continue to carry out) his functions with respect to any of the work [F136to which the initial notice relates],

(b)the approved inspector is of the opinion that any of the work is being so carried out that he is unable adequately to carry out his functions with respect to it, [F137or]

(c)the approved inspector is of the opinion that there is a contravention of any provision of building regulations with respect to any of that work and the circumstances are as mentioned in subsection (2) below,

[F138(d)the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates,

(e)the registered building control approver is given a disciplinary order under section 58U(2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention), or

(f)it appears to the registered building control approver that a prescribed circumstance exists,]

the [F139approved inspector shall] [F139registered building control approver, or in the case of paragraph (e) the person shown in the initial notice as the registered building control approver, must] cancel the initial notice by notice in the prescribed form given to the local authority concerned and to the person carrying out or intending to carry out the work.

(2)The circumstances referred to in subsection (1)(c) above are—

(a)that the approved inspector has, in accordance with building regulations, given notice of the contravention to the person carrying out the work [F140or intending to carry out the work], and

(b)that, within the prescribed period, [F141the prescribed steps are not taken by the person who, in accordance with building regulations, is required to take them].

[F142(3)If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work [F143to which the notice relates] that the approved inspector is no longer willing or able to carry out his functions with respect to any of that work, he shall cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the approved inspector.]

[F142(3)If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work to which the notice relates that—

(a)the registered building control approver is no longer willing or able to carry out the registered building control approver’s functions with respect to any of that work, or

(b)a prescribed circumstance exists,

the person must cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the registered building control approver.]

(4)If a person fails without reasonable excuse to give to a local authority a notice that he is required to give by subsection [F144(1) or] (3) above, he is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5)[F145If, at a time when an initial notice is in force, it appears to the local authority by whom the initial notice was accepted that the work to which the initial notice relates has not been commenced within the period of three years beginning on the date on which the initial notice was accepted, the authority may cancel the initial notice by notice in the prescribed form given

(a)to the approved inspector by whom the initial notice was given, and

(b)to the person shown in the initial notice as the person intending to carry out the work.]

[F146(5A)If, at a time when an initial notice is in force, it appears to the local authority concerned that a condition in subsection (5B) is satisfied, the authority must cancel the initial notice by notice in the prescribed form given to—

(a)the person shown in the initial notice as the registered building control approver, and

(b)the person shown in the initial notice as the person intending to carry out the work.

(5B)The conditions are—

(a)the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates;

(b)the registered building control approver is given a disciplinary order under section 58U(2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention);

(c)the registered building control approver is given a disciplinary order under section 58U(2)(d) (cancellation of registration);

(d)the registered building control approver has their registration cancelled under section 58Z6(2) (serious contravention notices);

(e)a prescribed circumstance exists.]

(6)A notice under subsection (1), (3)

or (5) above has the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given.

[F147(7)Before cancelling an initial notice under subsection (5A) based on a condition in subsection (5B)(a), (b) or (e), the local authority must—

(a)give the person shown in the initial notice as the registered building control approver a notice in the prescribed form at least seven days before the day on which the initial notice is to be cancelled, and

(b)have regard to any representations made to the local authority during that period.]

Textual Amendments

F136Words in s. 52(1)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(6)(a)

F137Word in s. 52(1) omitted (6.4.2023 for specified purposes) by virtue of Building Safety Act 2022 (c. 30), ss. 50(2)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v)

F139Words in s. 52(1) substituted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 50(2)(c), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v)

F143Words in s. 52(3) substituted (14.10.1996) by S.I. 1996/1905, art. 3(6)(b)

F144Words in s. 52(4) inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 50(4), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v)

F145S. 52(5) omitted (6.4.2023 for specified purposes) by virtue of Building Safety Act 2022 (c. 30), ss. 36(5), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o)

[F14852ACancellation of initial notice when work becomes higher-risk building workE+W

(1)If, at a time when an initial notice is in force, it appears to the registered building control approver that some or all of the work has become higher-risk building work, the registered building control approver must, as soon as is reasonably practicable, cancel the relevant part of the initial notice by notice in the prescribed form given to—

(a)the local authority concerned, and

(b)the person carrying out or intending to carry out the work.

(2)If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work that some or all of the work has become higher-risk building work, the person must, as soon as is reasonably practicable, cancel the relevant part of the initial notice by notice in the prescribed form given to—

(a)the local authority concerned, and

(b)the registered building control approver.

(3)Where a person is required to give a notice under subsection (1) or (2) in relation to higher-risk building work in England, the person must, as soon as is reasonably practicable, give a copy of that notice to the regulator.

(4)If, at a time when an initial notice is in force, it appears to the local authority concerned that some or all of the work has become higher-risk building work, the authority must cancel the relevant part of the initial notice by notice in the prescribed form given to—

(a)the registered building control approver, and

(b)the person shown in the initial notice as the person intending to carry out the work.

(5)Where a local authority is required to give a notice under subsection (4) in relation to higher-risk building work in England, the local authority must give a copy of that notice to the regulator.

(6)A person commits an offence if they fail without reasonable excuse to—

(a)give to a local authority a notice that the person is required to give by subsection (1) or (2);

(b)give to the regulator a copy of a notice that the person is required to give by subsection (3).

(7)A person guilty of an offence under subsection (6) is liable on summary conviction to a fine.

(8)Where a notice is given under any of subsections (1), (2) and (4) (a “cancellation notice”)—

(a)the part of the initial notice to which the cancellation notice relates is cancelled with effect from the day on which the cancellation notice is given, and

(b)a new initial notice may not be given in relation to any of the work to which the cancelled part of the initial notice related.

(9)In this section “the relevant part of the initial notice” means so much of the initial notice as relates to work that has become higher-risk building work.

Textual Amendments

52BEffect of initial notice ceasing to be in force where work becomes higher-risk building workE+W

(1)This section applies where an initial notice ceases to be in force, whether in whole or in part, by virtue of section 47(4)(b)(ia) (higher-risk building work).

(2)If, before the day on which the relevant part of the initial notice ceased to be in force, a final certificate—

(a)was given in respect of part of the work to which the relevant part of the initial notice relates, and

(b)was accepted by the local authority,

the fact that the relevant part of the initial notice has ceased to be in force does not affect the continuing operation of section 51(3) in relation to that part of the work.

(3)The building control authority in relation to any of the uncertified work is—

(a)in England, the regulator, and

(b)in Wales, the relevant local authority (within the meaning of section 121A(2)).

(4)In subsection (3), the “uncertified work” means any of the work—

(a)to which the relevant part of the initial notice relates, and

(b)in respect of which no final certificate has been accepted by the local authority as mentioned in subsection (2).

(5)Sections 91(3) (duties of the regulator) and 121A(1) (meaning of “building control authority”) apply as if, in each case, the reference to section 91ZA or 91ZB were a reference to section 52B, 91ZA or 91ZB.

(6)In any case where this section applies, the reference in subsection (4) of section 36 to the date of the completion of the work in question has effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the relevant part of the initial notice ceased to be in force.

(7)In this section “the relevant part of the initial notice” means so much of the initial notice as was cancelled by a notice under section 52A (cancellation of initial notice when work becomes higher-risk building work).]

Textual Amendments

53 Effect of initial notice ceasing to be in force.E+W

(1)This section applies where an initial notice ceases to be in force by virtue of section 47(4)(b)(i) or (ii) above.

(2)Building regulations may provide that, if—

(a)a plans certificate was given before the day on which the initial notice ceases to be in force, [F149and]

(b)that certificate was accepted by the local authority (before, on or after that day), [F150and

(c)before that day, that acceptance was not rescinded by a notice under section 50(8) above,]

then with respect to the work specified in the certificate, such of the functions of a local authority referred to in section 48(1) above as may be prescribed for the purposes of this subsection either are not exercisable or are exercisable only in prescribed circumstances.

(3)If, before the day on which the initial notice ceased to be in force, a final certificate—

(a)was given in respect of part of the work [F151to which the initial notice relates], and

(b)was accepted by the local authority (before, on or after that day),

the fact that the initial notice has ceased to be in force does not affect the continuing operation of section 51(3) above in relation to that part of the work.

(4)Notwithstanding anything in subsections (2) and (3) above, for the purpose of enabling the local authority to perform the functions referred to in section 48(1) above in relation to any part of the work not specified in a plans certificate or final certificate, as the case may be, building regulations may require the local authority to be provided with plans that relate not only to that part but also to the part to which the certificate in question relates.

[F152(4A)For the purpose of enabling the local authority to perform the functions referred to in section 48(1), the local authority may by notice require the person shown in the initial notice as the registered building control approver to give the local authority—

(a)any information the authority would have obtained if the authority had performed the function of enforcing building regulations in relation to the work to which the initial notice relates during the period in which the initial notice was in force, and

(b)any other information the local authority may reasonably require.

(4B)Where a person is required to give information under subsection (4A), the information must be given before the end of the prescribed period.

(4C)The person shown in the initial notice as the registered building control approver (the “outgoing approver”) must, before the end of the prescribed period, give the person carrying out or intending to carry out the work to which the initial notice relates—

(a)any information given to a local authority under subsection (4A),

(b)any other information that the outgoing approver obtained or created in relation to the work during the period in which the initial notice was in force, and

(c)any other information that the person carrying out or intending to carry out the work may by notice reasonably require for the purpose of enabling a person other than the outgoing approver to perform the functions referred to in section 48(1) in relation to the work.

(4D)A notice under subsection (4C)(c)—

(a)may only require information to be given in relation to work carried out during the period in which the initial notice was in force;

(b)may require information to be provided in a specified format.]

(5)In any case where this section applies, the reference in subsection (4) of section 36 above to the date of the completion of the work in question has effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the initial notice ceased to be in force.

(6)Subject to any provision of building regulations made by virtue of subsection (2) above, if, before the initial notice ceased to be in force, an offence under section 35 above was committed with respect to any of the work [F153to which that notice relates], proceedings for that offence may be commenced by the local authority at any time within six months beginning with the day on which the function of the local authority referred to in section 48(1) above became exercisable with respect to the provision of building regulations to which the offence relates.

[F154(6A)Subsection (6) above is without prejudice to any ability which, after that function has become exercisable, the local authority may have under section 35A above to commence proceedings for the offence after the end of that period of six months.]

[F155(7)The fact that an initial notice has ceased to be in force does not affect the right to give a new initial notice relating to any of the work [F156to which the original notice related] and in respect of which no final certificate has been given and accepted; but where—

(a)a plans certificate has been given in respect of any of that work,

(b)the conditions in paragraphs (a) to (c) of subsection (2) above are fulfilled with respect to that certificate, and

(c)such a new initial notice is given and accepted,

section 50(1) above does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.]

[F155(7)A new initial notice relating to any of the work to which the original initial notice related (the “original work”) may be given only if—

(a)in the case of an initial notice that ceases to be in force by virtue of—

(i)being cancelled under section 52(1)(d) or (e),

(ii)being cancelled under section 52(5A) based on a condition in section 52(5B)(a) to (d), or

(iii)such other provision as may be prescribed,

the conditions in subsection (8) are met, or

(b)in any other case, the conditions in subsection (9) are met.

(8)The conditions referred to in subsection (7)(a) are that the new initial notice—

(a)is given before the end of the period of seven days beginning with the day on which the original initial notice ceased to be in force or such other period as may be prescribed,

(b)relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority, and

(c)is not a combined initial notice and plans certificate given in accordance with section 50(4).

(9)The conditions referred to in subsection (7)(b) are that—

(a)before the original initial notice ceases to be in force, the original registered building control approver has given a final certificate under section 51 in respect of any part of the work which they are satisfied has been completed, and

(b)the new initial notice relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority.

(10)Where—

(a)a plans certificate has been given in respect of any of the original work,

(b)the conditions in paragraphs (a) and (b) of subsection (2) are fulfilled with respect to that certificate, and

(c)a new initial notice as referred to in subsection (7) is accepted,

section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.

(11)Section 53B applies in relation to a new initial notice given in accordance with subsection (7)(a).

(12)The appropriate national authority may issue guidance about the process for—

(a)the giving of a new initial notice under subsection (7);

(b)the giving of a transfer certificate and a transfer report under section 53B;

(c)the consideration of a transfer certificate and a transfer report under section 53C.

(13)The appropriate national authority may revise or withdraw any issued guidance.

(14)The following must have regard to guidance issued under subsection (12)—

(a)a local authority;

(b)a registered building control approver;

(c)a person carrying out or intending to carry out work to which a new initial notice given under subsection (7) relates.]

Textual Amendments

F150S. 53(2)(c) and word omitted (6.4.2023 for specified purposes) by virtue of Building Safety Act 2022 (c. 30), ss. 36(6)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o)

F151Words in s. 53(3)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(7)(a)

F153Words in s. 53(6) substituted (14.10.1996) by S.I. 1996/1905, art. 3(7)(b)

F156Words in s. 53(7) words substituted (14.10.1996) by S.I. 1996/1905, art. 3(7)(c)

[F15753ALapse of initial noticeE+W

(1)This section applies where—

(a)on any day (“the relevant day”) an initial notice is given in respect of any work, and

(b)the initial notice is accepted.

(2)Where the work relates to one building and is not commenced within 3 years from the end of the relevant day—

(a)the initial notice ceases to be in force, and

(b)if a plans certificate relating to the work (or any part of it) has been accepted, the relevant provisions have effect as if the certificate had not been given (or accepted).

(3)Where the work relates to more than one building, and the work in relation to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day—

(a)the initial notice ceases to be in force so far as it relates to the relevant work, and

(b)if a plans certificate relating to the relevant work (or any part of it) has been accepted, the relevant provisions have effect as if, as regards the relevant work, the certificate had not been given (or accepted).

(4)For the purposes of subsection (3)(b) it does not matter whether the plans certificate also relates to work other than the relevant work.

(5)In this section “the relevant provisions” has the meaning given by section 32.

(6)Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.]

Textual Amendments

[F15853BNew initial notice: change of registered building control approverE+W

(1)This section applies where a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases).

(2)Where the new initial notice is accepted by the local authority the registered building control approver must take all reasonable steps to determine whether the unfinished work contravenes any provision of building regulations (including where necessary by carrying out inspections and laying open any work).

(3)If the registered building control approver determines that the unfinished work does not contravene any provision of building regulations, the approver must give a transfer certificate and a transfer report to the local authority before the end of the relevant period.

(4)If the registered building control approver is unable to make the determination referred to in subsection (3), the approver must—

(a)give the person carrying out or intending to carry out the work a notice setting out why they were unable to make the determination, and

(b)give a copy of that notice to the local authority.

(5)A transfer certificate must—

(a)confirm that the registered building control approver has determined that the unfinished work up to the date of the certificate does not contravene any provision of building regulations, and

(b)contain the prescribed information.

(6)A transfer report must contain any plans, documents or other information related to the confirmation in subsection (5)(a).

(7)In this section the “relevant period” means—

(a)the period of 21 days beginning with the day on which the new initial notice is accepted or such other period as may be prescribed, or

(b)such longer period as may be agreed by the local authority following a request from the registered building control approver.

(8)A transfer certificate given by a registered building control approver—

(a)does not impose any liability, whether civil or criminal, on the registered building control approver for any work carried out by the previous registered building control approver, and

(b)does not affect any liability, whether civil or criminal, of the previous registered building control approver for work carried out by that approver.

(9)In this section “unfinished work” means all of the work to which the original initial notice related, except for any work in respect of which a final certificate was accepted by the local authority.

Textual Amendments

53CConsideration of transfer certificate and reportE+W

(1)This section applies where a registered building control approver gives a transfer certificate and a transfer report to a local authority in accordance with section 53B(3).

(2)The local authority must, by notice, accept or reject the certificate and report before the end of the relevant period.

(3)The local authority may reject the certificate and report only if—

(a)any of the prescribed grounds exist, or

(b)the registered building control approver fails to comply with a requirement in subsection (4) to give information to the local authority.

(4)During the period of 21 days beginning with the day on which the transfer certificate and transfer report is given to the local authority or such other period as may be prescribed, the local authority may, by notice, require the registered building control approver to give to the local authority such information as may be specified in the notice.

(5)The registered building control approver must give the information specified in the notice to the local authority before the end of the period of seven days beginning with the day on which the notice is given or such other period as may be prescribed.

(6)In this section the “relevant period” means—

(a)the period of 21 days beginning with the day on which the transfer certificate and transfer report is given to the local authority or such other period as may be prescribed, or

(b)such longer period as is determined in accordance with subsection (7).

(7)Where—

(a)a local authority requires a registered building control approver to give information to the local authority under subsection (4), and

(b)the day by which the information is required to be given would (but for this subsection) fall within the final seven days of the relevant period or would fall outside the relevant period,

the relevant period is to be extended to the end of the period of seven days beginning with the day after the day by which the information is required to be given.

(8)Where a local authority requires a registered building control approver to give information to the local authority under subsection (4), the local authority must give a copy of the notice to the person shown in the initial notice as the person intending to carry out the work.

Textual Amendments

53DCancellation of initial notice: change of registered building control approverE+W

(1)This section applies where—

(a)a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases), and

(b)the notice is accepted by the local authority.

(2)If, at a time when the initial notice is in force—

(a)the registered building control approver does not give the local authority a transfer certificate and transfer report in accordance with section 53B(3), or

(b)the local authority rejects the transfer certificate and transfer report in accordance with section 53C,

the local authority must cancel the initial notice by notice in the prescribed form given to the registered building control approver and the person shown in the initial notice as the person intending to carry out the work.

(3)The person carrying out or intending to carry out the work to which the initial notice relates may, at a time—

(a)when the initial notice is in force, and

(b)before the local authority accepts or rejects the transfer certificate and report in accordance with section 53C,

cancel the initial notice by notice in the prescribed form given to the local authority and, if it is practicable to do so, to the registered building control approver.

(4)A notice under subsection (2) or (3) has the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given.

(5)Where an initial notice ceases to be in force by virtue of subsection (2) or (3), a new initial notice may not, except in prescribed circumstances, be given in relation to any of the work to which the cancelled notice related.

(6)Where an initial notice ceases to be in force by virtue of subsection (2) or (3)—

(a)for the purpose of enabling the local authority to perform the functions referred to in section 48(1) in relation to any part of the work, building regulations may require the local authority to be provided with plans that relate to that part of the work, and

(b)section 53(5) applies in relation to the notice as it applies in relation to an initial notice that ceases to be in force as referred to in section 53(1).

(7)This section is without prejudice to any other provisions of this Part relating to when an initial notice ceases to be in force.

Textual Amendments

53ERestriction on functions of registered building control approversE+W

(1)This section applies where—

(a)a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases), and

(b)the notice is accepted by the local authority.

(2)During the period in respect of which—

(a)the notice is in force, but

(b)a transfer certificate and a transfer report have not been accepted by the local authority,

the registered building control approver may not exercise the relevant functions.

(3)In this section the “relevant functions” are the functions of a registered building control approver under, or under regulations made under—

(a)section 50 (plans certificates);

(b)section 51 (final certificates);

(c)section 51A (amendment notices).]

Textual Amendments

Supervision of their own work by public bodiesE+W

54 Giving, acceptance and effect of public body’s notice.E+W

(1)This section applies where a body (corporate or unincorporated that acts under an enactment for public purposes and not for its own profit and is, or is of a description that is, approved by the [F159Secretary of State] [F159appropriate national authority] in accordance with building regulations (in this Part of this Act referred to as a “public body”)—

(a)intends to carry out in relation to a building belonging to it work to which the substantive requirements of building regulations apply.

(b)considers that the work can be adequately supervised by its own servants or agents, and

(c)gives to the local authority in whose district the work is to be carried out notice in the prescribed form (called a “public body’s notice”) together with such plans of the work as may be prescribed.

(2)A public body’s notice is of no effect unless it is accepted by the local authority to whom it is given; and that local authority—

(a)may not reject the notice except on prescribed grounds, and

(b)shall reject the notice if any of the prescribed grounds exists,

and, in a case where the work to which the public body’s notice relates is work of such a description that, if plans of if had been deposited with the local authority, the authority could, under an enactment, have imposed requirements as a condition of passing the plans, the local authority may impose the like requirements as a condition of accepting the public body’s notice.

(3)Unless, within the prescribed period, the local authority to whom a public body’s notice is given give notice of rejection, specifying the ground or grounds in question, the authority is conclusively presumed to have accepted the public body’s notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

(4)Section 48 above has effect for the purposes of this section—

(a)with the substitution of a reference to a public body’s notice for any reference to an initial notice, [F160and]

(b)with the substitution, in subsection (2)(a), of a reference to subsection (1)(c) of this section for the reference to section 47(1)(b) [F161, and

(c)with the substitution, in subsection (2)(d), of a reference to paragraph 4A of Schedule 4 for the reference to section 53A.]

(5)The form prescribed for a public body’s notice may be such as to require the public body by whom it is to be given—

(a)to furnish information relevant for the purposes of this Act, Part II or IV of the M7Public Health Act 1936 or any provision of building regulations, and

(b)to enter into undertakings with respect to consultation and other matters.

(6)Where a public body’s notice is given and accepted by the local authority to whom it is given, the provisions of Schedule 4 to this Act have effect, being provisions that correspond, as nearly as may be, to those made by the preceding provisions of this Part of this Act for the case where an initial notice is given and accepted.

Textual Amendments

F160Word in s. 54(4)(a) omitted (6.4.2023 for specified purposes) by virtue of Building Safety Act 2022 (c. 30), ss. 36(8)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o)

F161S. 54(4)(c) and words inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 36(8)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o)

Marginal Citations

[F16254APublic bodies and higher-risk building workE+W

(1)The appropriate national authority may by regulations make such amendments of the provisions listed in subsection (2) as the authority considers appropriate in connection with higher-risk building work.

(2)The provisions are—

(a)section 5;

(b)section 54;

(c)Schedule 4.]

Textual Amendments

[F163Registered building control approvers: restricted activities and functionsE+W

Textual Amendments

F163S. 54B and cross-heading inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 44(3), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(t)

54BRegistered building control approvers: restricted activities and functionsE+W

(1)This section applies to a registered building control approver who is not a registered building inspector.

(2)The approver may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the approver’s behalf, whose registration has effect in relation to work of that description.

(3)Before each exercise of a restricted function in relation to any work, the approver must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.

(4)The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the approver.

(5)In this section—

  • “restricted activity” means an activity that is prescribed for the purposes of this section;

  • “restricted function” means a function of a registered building control approver under this Part, or regulations made under this Part, that is prescribed for the purposes of this section.

(6)A registered building control approver who contravenes subsection (2) or (3) without reasonable excuse commits an offence.

(7)An offence under this section is punishable on summary conviction by a fine.]

SupplementaryE+W

55 Appeals.E+W

(1)A person aggrieved by the local authority’s rejection of—

(a)an initial notice [F164, amendment notice] or a public body’s notice, [F165or]

(b)a plans certificate, a final certificate, a public body’s plans certificate or a public body’s final certificate, [F166or

(c)a transfer certificate and a transfer report,]

may appeal to a magistrates’ court F167....

(2)On an appeal under subsection (1) above, the court shall—

(a)if it determines that the notice [F168, report] or certificate was properly rejected, confirm the rejection, and

(b)in any other case, give a direction to the local authority to accept the notice [F169, report] or certificate.

[F170(2A)Where a local authority cancels an initial notice, in whole or in part, by giving a notice (a “cancellation notice”) under section 52A(4)—

(a)the person shown in the initial notice as the person intending to carry out the work, or

(b)the registered building control approver,

may appeal to the appropriate court or tribunal.

(2B)On an appeal under subsection (2A), the court or tribunal must determine whether the relevant part of the initial notice was properly cancelled.

(2C)In a case where the court or tribunal determines that the relevant part of the initial notice was not properly cancelled—

(a)the determination does not have the effect of reinstating the relevant part of the initial notice;

(b)section 52B(2) and (6) continue to apply in relation to the relevant part of the initial notice;

(c)a new initial notice relating to any of the work to which the relevant part of the original initial notice related (the “original work”) may be given only if the new initial notice—

(i)is given before the end of the period of seven days beginning with the day on which the appeal is determined or such other period as may be prescribed, and

(ii)relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority;

(d)the court or tribunal may give such directions as it considers appropriate in consequence of the determination (which may include giving directions to the regulator).

(2D)Where—

(a)a plans certificate has been given in respect of any of the original work,

(b)the conditions in paragraphs (a) and (b) of section 53(2) are fulfilled with respect to that certificate, and

(c)a new initial notice as referred to in subsection (2C)(c) is accepted,

section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.

(2E)Where—

(a)a new initial notice is given in accordance with subsection (2C)(c), and

(b)the registered building control approver shown in the new initial notice is different to the registered building control approver shown in the original initial notice,

sections 53B to 53E apply as if any reference in those sections to a new initial notice given in accordance with section 53(7)(a) were a reference to a new initial notice given in accordance with section 55(2C)(c).

(2F)In this section the “relevant part of the initial notice” means so much of the initial notice as was subject to the cancellation notice.]

(3)Where a person is aggrieved by a determination, confirmation, direction or other decision of a magistrates’ court under this section, he may appeal to the Crown Court.

[F171(4)On an appeal under subsection (1), the local authority must give the specified information to the regulator.

(5)In this section “specified” means specified in regulations made by the Secretary of State under this section.

(6)The Secretary of State may make regulations under this section only in relation to England.]

Textual Amendments

F164Words in s. 55(1)(a) inserted (14.10.1996) by S.I. 1996/1905, art. 3(8)

F165Word in s. 55(1) omitted (6.4.2023 for specified purposes) by virtue of Building Safety Act 2022 (c. 30), ss. 51(4)(a)(i), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v)

56 Recording and furnishing of information.E+W

(1)Every local authority [F172in Wales] shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to initial notices [F173amendment notices, notices under section 51C above,], [F174public body’s notices] [F174, transfer reports] and certificates given to them, including information [F175(where applicable)] as to whether such notices [F176, reports] or certificates have been accepted or rejected.

F177(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The reference in subsection (1) above to certificates is a reference to plans certificates, final certificates [F178, transfer certificates] , public body’s final certificates and certificates given under section 16(9) above.

(4)Every register kept under this section [F179by a local authority in Wales] shall be available for inspection by the public at all reasonable hours.

(5)Where an initial notice or a public body’s notice has continued in force for any period, the local authority by whom it was accepted may require the approved inspector or public body by whom it was given to furnish them with any information that—

(a)they would have obtained themselves if during that period their function of enforcing building regulations had continued to be exercisable in relation to the work [F180to which the notice relates], and

(b)they require for the purpose of performing their duty under section 230 of the M8Local Government Act 1972 (reports and returns),

and that section shall have effect as if during that period that function had continued to be so exercisable.

Textual Amendments

F172Words in s. 56(1) inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(3)(a)(i), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v)

F173Words in S. 56(1) inserted (14.10.1996) by S.I. 1996/1905, art. 3(9)(a)(i)

F175Words in s. 56(1) inserted (14.10.1996) by S.I. 1996/1905, art. 3(9)(ii)

F178Words in s. 56(3) inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(3)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v)

F179Words in s. 56(4) inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 53(3)(c), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v)

F180Words in s. 56(5)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(9)(c)

Marginal Citations

[F18156AGiving information by electronic means: EnglandE+W

(1)The regulator must establish and maintain a facility (the “facility”) to enable a specified person to give specified relevant information to another person by electronic communication.

(2)The Secretary of State may by regulations require or authorise a specified person to use the facility when giving specified relevant information to another person.

(3)Any information given to a person in accordance with regulations made under subsection (2) is to be treated for the purposes of section 56B (requirement to keep register) as also having been given to the regulator.

(4)Regulations under this section may require a person who is given specified relevant information otherwise than through the facility to give that information to the regulator using the facility.

(5)Regulations under this section may make provision treating specified relevant information that is given using the facility as having been given in the prescribed form for the purposes of this Part.

(6)In this section—

  • “relevant information” means information that is required or authorised to be given by this Part or regulations made under it;

  • “specified” means specified in regulations made by the Secretary of State under this section.

(7)In this section and section 56B—

  • “information” includes documents;

  • “documents” includes notices, certificates, orders, consents, demands and plans.

(8)The Secretary of State may make regulations under this section only in relation to England.

Textual Amendments

56BRequirement to keep register: EnglandE+W

(1)The regulator must keep a register of specified relevant information.

(2)The information that may be specified for the purposes of subsection (1) includes in particular information given, or treated as having been given, to the regulator using the facility established under section 56A(1).

(3)The regulator—

(a)must maintain the register in electronic form;

(b)must ensure that any specified parts of the register are available for inspection by members of the public;

(c)must, in specified circumstances, provide to members of the public, on request, copies of information kept in the register.

(4)In this section—

  • “relevant information” means information that is required or authorised to be given by this Part or regulations made under it;

  • “specified” means specified in regulations made by the Secretary of State under this section.

(5)The Secretary of State may make regulations under this section only in relation to England.

Textual Amendments

56CDelegation of functionsE+W

(1)The regulator may by written notice delegate to a person, to such extent and subject to such conditions as the regulator considers appropriate, the functions conferred on the regulator by—

(a)section 56A(1);

(b)section 56B(1) and (3) (including the ability to charge fees in connection with the exercise of those functions).

(2)In subsection (1) “fees” means fees that are prescribed by, or determined by the regulator in accordance with, regulations under section 105B.

(3)The regulator may delegate different functions to different persons under subsection (1).

(4)The regulator may delegate functions under subsection (1) only with the consent of the Secretary of State.

(5)The regulator may revoke a delegation of functions to a person by giving a written notice to the person.

(6)The regulator may revoke a delegation under subsection (5) only with the consent of the Secretary of State.

(7)Schedule 3 to the Building Safety Act 2022 (information sharing) applies as if references to the regulator included references to a person to whom the regulator has delegated functions under subsection (1)(b).]

Textual Amendments

57 Offences.E+W

(1)If a person—

(a)gives a notice or certificate that—

[F182(i)purports to comply with the requirements of this Part of this Act, section 16(9) above or building regulations falling within paragraph 4A(1)(a) or (b) of Schedule 1 to this Act, and]

(ii)contains a statement that he knows to be false or misleading in a material particular, [F183or]

[F184(aa)fails without reasonable excuse to comply with a requirement under section 53(4A) to give information, or]

(b)recklessly gives a notice or certificate that—

(i)purports to comply with those requirements, and

(ii)contains a statement that is false or misleading in a material particular,

he is guilty of an offence.

(2)A person guilty of an offence under subsection (1) above is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding six months or both, and

(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

(3)Where an approved inspector or person approved for the purposes of section 16(9) above is convicted of an offence under this section, the court by or before which he is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to the person by whom the approval was given.

Textual Amendments

F183Word in s. 57(1) omitted (6.4.2023 for specified purposes) by virtue of Building Safety Act 2022 (c. 30), ss. 52(2)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v)

58 Construction of Part II.E+W

(1)In this Part of this Act—

F185[’amendment notice’ has the meaning given by section 51A(2) above;]

  • “final certificate” has the meaning given by section 51(1) above;

  • “initial notice” has the meaning given by section 47(1) above;

  • “plans certificate” has the meaning given by section 50(1) above;

  • “public body” and “public body’s notice” have the meanings given by section 54(1) above;

  • “public body’s final certificate” has the meaning given by paragraph 3 of Schedule 4 to this Act;

  • “public body’s plans certificate” has the meaning given by paragraph 2 of Schedule 4 to this Act.

(2)A reference in this part of this Act to the carrying out of work includes a reference to the making of a material change of use, as defined by and for the purposes of building regulations.

(3)A reference in this Part of this Act to an initial notice given by an approved inspector is a reference to a notice given by him jointly with another person as mentioned in section 47(1)(a) above.

Textual Amendments

F185Words in s. 58(1) inserted (14.10.1996) by S.I. 1996/1905, art. 3(10)

[F186Part 2AE+WREGULATION OF BUILDING CONTROL PROFESSION

Textual Amendments

F186Pt. 2A inserted (6.4.2023 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 42, 170(4); S.I. 2023/362, reg. 3(1)(s)

InterpretationE+W

58A“Regulatory authority”E+W

In this Act the “regulatory authority” means—

(a)in relation to England, the regulator;

(b)in relation to Wales, the Welsh Ministers.

Registered building inspectorsE+W

58B“Registered building inspector”E+W

In this Act “registered building inspector” means an individual registered as a building inspector in accordance with this Part.

58CRegister of building inspectorsE+W

(1)The regulatory authority must establish and maintain a register of building inspectors.

(2)The register may provide for different classes of building inspectors (for example, according to qualifications or experience).

(3)The regulatory authority must register an individual as a building inspector, or a building inspector of a particular class, if—

(a)the individual makes an application for registration in accordance with section 58D, and

(b)the authority is satisfied that the individual meets such criteria as the authority may from time to time determine.

(4)Registration may—

(a)have effect in relation to all work or in relation to work of a particular description;

(b)be subject to conditions.

(5)Registration must be for a prescribed period.

(6)The register must record, in relation to each registered building inspector—

(a)the individual’s name and business address;

(b)if the individual is employed by a building control authority or a registered building control approver, the name and business address of that person;

(c)whether the individual’s registration has effect in relation to all work or work of a particular description;

(d)if the individual’s registration has effect in relation to work of a particular description, that description of work;

(e)any conditions to which the individual’s registration is subject;

(f)the period for which the individual is registered;

(g)if the individual’s registration has been varied by an order under section 58I(2)(b), that fact and the effect of the variation;

(h)if the individual’s registration has been suspended by an order under section 58I(2)(c) or 58J(2), that fact and the period of the suspension;

(i)any matters that are prescribed.

(7)The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate.

58DApplication for registration as building inspectorE+W

(1)An application for registration as a building inspector must—

(a)be made in such form and manner, and

(b)be accompanied by such information and supporting evidence,

as the regulatory authority may from time to time determine.

(2)The regulatory authority may make different provision about those matters for different cases.

(3)When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require.

(4)The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application.

58EVariation or cancellation of registration as building inspectorE+W

(1)A registered building inspector may apply for the variation or cancellation of their registration.

(2)Section 58D applies to such an application as it applies to an application for registration.

58FCode of conductE+W

(1)The regulatory authority must prepare and publish a code of conduct for registered building inspectors.

(2)The code must set out standards of professional conduct and practice expected of registered building inspectors.

(3)The code may make different provision for different cases (for example, for different descriptions of work).

(4)The regulatory authority may revise the code of conduct at any time (and must publish any revised code).

58GRegistered building inspectors: information noticesE+W

(1)The regulatory authority may by notice in writing require a registered building inspector to provide the authority with any documents or information the authority reasonably requires for the purposes its functions under sections 58B to 58M.

(2)The notice must specify—

(a)the documents or information required,

(b)the date by which they must be provided, and

(c)the form in which they must be provided.

58HProfessional misconduct investigationsE+W

(1)If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building inspector may be guilty of professional misconduct, the authority may investigate the matter.

(2)In this Part “professional misconduct”, in relation to a registered building inspector, means conduct that—

(a)falls short of the standards of conduct and practice expected of registered building inspectors, or

(b)is likely to bring the profession of registered building inspectors into disrepute.

(3)The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building inspector under this section (which must include an opportunity for the inspector to make representations).

(4)The regulatory authority may revise the statement at any time (and must publish any revised statement).

58ISanctions for professional misconductE+W

(1)If following an investigation under section 58H the regulatory authority determines that an individual who is a registered building inspector is guilty of professional misconduct, the authority may make one or more disciplinary orders.

(2)A disciplinary order is an order—

(a)requiring the individual to pay a financial penalty of an amount specified in the order,

(b)varying the individual’s registration in a way specified in the order,

(c)suspending the individual’s registration for a period specified in the order, or

(d)cancelling the individual’s registration from a date specified in the order.

(3)Varying the individual’s registration means varying any of the matters listed in section 58C(4) (limitations and conditions).

(4)Where the regulatory authority makes a disciplinary order it must give a copy of the order to the individual concerned as soon as reasonably practicable.

(5)The individual may appeal to the appropriate court or tribunal against a disciplinary order under this section.

(6)A disciplinary order under subsection (2)(a) or (b) has no effect until—

(a)the end of the period within which an appeal may be brought, or

(b)if an appeal is brought before the end of that period, the determination of the appeal.

(7)Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a).

58JInterim suspension for suspected serious professional misconductE+W

(1)This section applies where the regulatory authority considers that—

(a)an individual who is a registered building inspector may be guilty of professional misconduct, and

(b)the suspected misconduct is so serious that, if the authority determines that the individual is guilty, it is likely to make an order under section 58I(2)(d) cancelling the individual’s registration.

(2)The regulatory authority may by order suspend the individual’s registration for a period specified in the order (which must not exceed 3 months).

(3)The regulatory authority may revoke the order before the end of that period.

(4)Where the regulatory authority makes (or revokes) an order under this section it must give a copy of the order (or notice of the revocation) to the individual concerned as soon as reasonably practicable.

(5)The individual may appeal to the appropriate court or tribunal against an order under this section.

58KSuspension orders: further provisionE+W

An individual whose registration is suspended under section 58I(2)(c) or 58J(2) is not a registered building inspector for the purposes of section 46A or 54B (restricted activities and functions) (but is a registered building inspector for the purposes of this Part).

58LOffences relating to registrationE+W

(1)A registered building inspector commits an offence if, without reasonable excuse, they carry out a restricted activity on behalf of a building control authority or a registered building control approver—

(a)in relation to work which is outside the scope of their registration, or

(b)while their registration is suspended.

(2)“Restricted activity”—

(a)in relation to a building control authority, has the meaning given by section 46A;

(b)in relation to a registered building control approver, has the meaning given by section 54B.

(3)A registered building inspector commits an offence if, without reasonable excuse—

(a)they give advice to a building control authority or registered building control approver—

(i)in relation to work which is outside the scope of their registration, or

(ii)while their registration is suspended, and

(b)they know, or ought to know, that the authority or approver is obtaining that advice for the purposes of section 46A or 54B (restricted functions).

(4)A registered building inspector commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration.

(5)A registered building inspector whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended.

(6)For the purposes of this section, work is outside the scope of a registered building inspector’s registration if the inspector’s registration does not have effect in relation to work of that description.

(7)An offence under this section is punishable on summary conviction by a fine.

58MOffence of acting as, or pretending to be, a registered building inspectorE+W

(1)A person who is not a registered building inspector commits an offence if, with intent to deceive, the person—

(a)impersonates a registered building inspector, or

(b)does anything (including using any name, title or description) which implies that the person is a registered building inspector.

(2)An offence under this section is punishable on summary conviction by a fine.

Registered building control approvers E+W

58N“Registered building control approver”E+W

In this Act “registered building control approver” means a person registered as a building control approver in accordance with this Part.

58ORegister of building control approversE+W

(1)The regulatory authority must establish and maintain a register of building control approvers.

(2)The regulatory authority must register a person as a building control approver if—

(a)the person makes an application for registration in accordance with section 58P, and

(b)the authority is satisfied that the person meets such criteria as the authority may from time to time determine.

(3)Registration may—

(a)have effect in relation to all work or in relation to work of a particular description;

(b)be subject to conditions.

(4)Registration must be for a prescribed period.

(5)The register must record, in relation to each registered building control approver—

(a)the person’s name and business address;

(b)whether the person’s registration has effect in relation to all work or work of a particular description;

(c)if the person’s registration has effect in relation to work of a particular description, that description of work;

(d)any conditions to which the person’s registration is subject;

(e)the period for which the person is registered;

(f)if the person’s registration has been varied by an order under section 58U(2)(b), that fact and the effect of the variation;

(g)if the person’s registration has been suspended by an order under section 58U(2)(c) or 58V(2), that fact and the period of the suspension;

(h)any matters that are prescribed.

(6)The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate.

58PApplication for registration as building control approverE+W

(1)An application for registration as a building control approver must—

(a)be made in such form and manner, and

(b)be accompanied by such information and supporting evidence,

as the regulatory authority may from time to time determine.

(2)The regulatory authority may make different provision about those matters for different cases.

(3)When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require.

(4)The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application.

58QVariation or cancellation of registration as building control approverE+W

(1)A registered building control approver may apply for the variation or cancellation of their registration.

(2)Section 58P applies to such an application as it applies to an application for registration.

58RProfessional conduct rulesE+W

(1)The regulatory authority must prepare and publish professional conduct rules applying to registered building control approvers (in addition to operational standards rules applying to them under section 58Z).

(2)Professional conduct rules may in particular make provision about insurance and financial propriety.

(3)The rules may make different provision for different cases (for example, for different descriptions of work).

(4)The regulatory authority may revise the professional conduct rules at any time (and must publish any revised rules).

58SRegistered building control approvers: information noticesE+W

(1)The regulatory authority may by notice in writing require a registered building control approver to provide the authority with any documents or information the authority reasonably requires for the purposes of its functions under sections 58N to 58X.

(2)The notice must specify—

(a)the documents or information required,

(b)the date by which they must be provided, and

(c)the form in which they must be provided.

58TInvestigations into contraventions of professional conduct rulesE+W

(1)If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building control approver may have contravened the professional conduct rules, the authority may investigate the matter.

(2)The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building control approver under this section (which must include an opportunity for the person to make representations).

(3)The regulatory authority may revise the statement at any time (and must publish any revised statement).

58USanctions for contravention of professional conduct rulesE+W

(1)If following an investigation under section 58T the regulatory authority determines that a person who is a registered building control approver has contravened the professional conduct rules, the authority may make one or more disciplinary orders.

(2)A disciplinary order is an order—

(a)requiring the person to pay a financial penalty of an amount specified in the order,

(b)varying the person’s registration in a way specified in the order,

(c)suspending the person’s registration for a period specified in the order, or

(d)cancelling the person’s registration from a date specified in the order.

(3)Varying the person’s registration means varying any of the matters listed in section 58O(3) (limitations and conditions).

(4)Where the regulatory authority makes a disciplinary order it must as soon as reasonably practicable—

(a)give a copy of the order to the person concerned, and

(b)in prescribed cases, give a copy of the order—

(i)to each local authority in England, where the regulatory authority is the regulator, or

(ii)to each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(5)The person may appeal to the appropriate court or tribunal against a disciplinary order under this section.

(6)A disciplinary order under subsection (2)(a) or (b) has no effect until—

(a)the end of the period within which an appeal may be brought, or

(b)if an appeal is brought before the end of that period, the determination of the appeal.

(7)Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a).

(8)A person whose registration is suspended by an order under subsection (2)(c) is a registered building control approver for the purposes of this Part.

(9)See section 58Z6(2) for further provision about cancellation of a person’s registration as a building control approver.

58VInterim suspension for suspected serious contraventionE+W

(1)This section applies where the regulatory authority considers that—

(a)a person who is a registered building control approver may have contravened the professional conduct rules, and

(b)the suspected contravention is so serious that, if the authority determines that the contravention has occurred, it is likely to make an order under section 58U(2)(d) cancelling the person’s registration.

(2)The regulatory authority may by order suspend the person’s registration for a period specified in the order (which must not exceed 3 months).

(3)The regulatory authority may revoke the order before the end of that period.

(4)Where the regulatory authority makes (or revokes) an order under this section it must as soon as reasonably practicable—

(a)give a copy of the order (or notice of the revocation) to the person concerned, and

(b)in prescribed cases, give a copy of the order (or notice of the revocation)—

(i)to each local authority in England, where the regulatory authority is the regulator, or

(ii)to each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(5)The person may appeal to the appropriate court or tribunal against an order under this section.

(6)A person whose registration is suspended by an order under this section is a registered building control approver for the purposes of this Part.

58WOffence of registered building control approver acting outside scope of registrationE+W

(1)A registered building control approver commits an offence if, without reasonable excuse, they exercise a function under this Act, or regulations made under this Act—

(a)in relation to work outside the scope of their registration, or

(b)while their registration is suspended.

(2)A registered building control approver commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration.

(3)A registered building control approver whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended.

(4)For the purposes of this section, work is outside the scope of a registered building control approver’s registration if their registration does not have effect in relation to work of that description.

(5)An offence under this section is punishable on summary conviction by a fine.

58XOffence of pretending to be a registered building control approverE+W

(1)A person who is not a registered building control approver commits an offence if, with intent to deceive, the person—

(a)impersonates a registered building control approver, or

(b)does anything (including using any name, title or description) which implies that the person is a registered building control approver.

(2)An offence under this section is punishable on summary conviction by a fine.

Delegation of registration functionsE+W

58YDelegation of registration functionsE+W

(1)The regulatory authority may delegate its registration functions to another person, to such extent and subject to such conditions as it considers appropriate.

(2)The regulatory authority’s registration functions are its functions under sections 58B to 58X (and include the charging of any registration fees or recovery of any registration charges).

(3)“Registration fees” and “registration charges” mean fees and charges in connection with the regulatory authority’s functions under sections 58B to 58X that are—

(a)prescribed by regulations under section 105B, or

(b)determined by the regulatory authority in accordance with regulations under that section.

(4)The regulatory authority may vary or revoke a delegation.

(5)Where the regulatory authority is the regulator, it—

(a)may make, vary or revoke a delegation only with the consent of the Secretary of State;

(b)must vary or revoke a delegation if directed to do so by the Secretary of State.

(6)Section 58Z9 of this Act (sharing of information between regulatory authorities) and Schedule 3 to the Building Safety Act 2022 (information sharing between regulator and other authorities) apply as if references to the regulator included references to a person to whom the regulator has delegated functions under this section.

(7)The following provisions of this Act apply as if references to the Welsh Ministers included references to a person to whom the Welsh Ministers have delegated functions under this section—

(a)section 58Z9 (sharing of information between regulatory authorities);

(b)section 91B (cooperation and sharing of information between Welsh Ministers and other authorities);

(c)section 131A (application to the Crown).

Operational standards rulesE+W

58ZOperational standards rulesE+W

(1)The regulatory authority may make rules (“operational standards rules”) applying to local authorities and registered building control approvers in relation to their exercise of building control functions.

(2)Operational standards rules may in particular make provision about standards to be met, and practices, procedures or methods to be adopted, in exercising building control functions.

(3)In this Part “building control functions”, in relation to a local authority or registered building control approver, means the functions of the authority or approver under this Act and regulations made under it.

(4)The operational standards rules may make different provision for different cases (for example, for different descriptions of work).

(5)The regulatory authority may revise the operational standards rules at any time.

(6)The regulatory authority must publish the operational standards rules (and any revised rules).

58Z1Reporting requirementsE+W

(1)The regulatory authority may direct local authorities and registered building control approvers to provide it, at specified times or intervals, with specified reports, returns and other information relating to the exercise of their building control functions.

(2)“Specified” means specified in the direction.

(3)A direction under this section—

(a)must be in writing;

(b)may be general or specific;

(c)may be varied or revoked.

(4)A registered building control approver who, without reasonable excuse, fails to comply with a direction under this section commits an offence.

(5)An offence under subsection (4) is punishable on summary conviction by a fine.

58Z2Information: WalesE+W

(1)This section applies where the Welsh Ministers are the regulatory authority.

(2)The Welsh Ministers may by notice in writing require a local authority or registered building control approver to provide the Welsh Ministers with any documents or information relating to the exercise of their building control functions that the Welsh Ministers reasonably require.

(3)The notice must specify—

(a)the documents or information required,

(b)the date by which they must be provided, and

(c)the form in which they must be provided.

(4)A registered building control approver who, without reasonable excuse, fails to comply with a notice under this section commits an offence.

(5)An offence under subsection (4) is punishable on summary conviction by a fine.

58Z3InvestigationsE+W

(1)If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a local authority or registered building control approver may have contravened the operational standards rules, the regulatory authority may investigate the matter.

(2)The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating an authority or approver under this section (which must include an opportunity for the authority or approver to make representations).

(3)The regulatory authority may revise the statement at any time (and must publish any revised statement).

58Z4Improvement noticeE+W

(1)The regulatory authority may give an improvement notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the local authority or registered building control approver has contravened operational standards rules.

(2)An improvement notice is a notice requiring the local authority or registered building control approver to remedy the contravention by doing, or by refraining from doing, anything specified in the order.

(3)An improvement notice may have effect—

(a)until it is revoked, or

(b)for a period specified in the notice.

(4)Where the regulatory authority gives an improvement notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice.

(5)Where the regulatory authority gives an improvement notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement—

(a)to each local authority in England, where the regulatory authority is the regulator, or

(b)to each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(6)Where the regulatory authority giving an improvement notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State.

(7)The local authority or registered building control approver to whom the improvement notice is given may appeal to the appropriate court or tribunal against the notice.

58Z5Serious contravention noticesE+W

(1)The regulatory authority may give a serious contravention notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the condition in subsection (2) or (3) is met.

(2)The condition in this subsection is that—

(a)the local authority or registered building control approver has contravened operational standards rules, and

(b)as a result of the contravention the safety of persons in or about buildings has been, or may have been, put at risk.

(3)This condition in this subsection is that the local authority or registered building control approver—

(a)has been given an improvement notice under section 58Z4, and

(b)has failed to remedy the contravention of operational standards rules in respect of which the notice was given.

(4)A serious contravention notice is a notice requiring the local authority or registered building control approver to remedy the contravention in question by doing, or by refraining from doing, anything specified in the order.

(5)A serious contravention notice may have effect—

(a)until it is revoked, or

(b)for a period specified in the notice.

(6)Where the regulatory authority gives a serious contravention notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice.

(7)Where the regulatory authority gives a serious contravention notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement—

(a)to each local authority in England, where the regulatory authority is the regulator, or

(b)to each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(8)Where the regulatory authority giving a serious contravention notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State.

(9)The local authority or registered building control approver to whom the serious contravention notice is given may appeal to the appropriate court or tribunal against the notice.

(10)A person who, without reasonable excuse, contravenes a serious contravention notice commits an offence and is liable on summary conviction to a fine.

58Z6Continuing failure to meet standards: registered building control approversE+W

(1)This section applies where—

(a)the regulatory authority has given a registered building control approver one or more serious contravention notices under section 58Z5, and

(b)it appears to the regulatory authority that the way in which the approver exercises their building control functions—

(i)falls short of the standards expected, and

(ii)puts, or may put, the safety of persons in or about buildings at risk,

and is likely to continue to do so.

(2)The regulatory authority may cancel the approver’s registration.

(3)But before cancelling a registered building control approver’s registration under subsection (2) the regulatory authority must—

(a)give the approver notice that it is considering its registration under that subsection, and explain its reasons, and

(b)invite the approver to make representations within a period specified in the notice (which must not be less than 14 days).

(4)Where the regulatory authority cancels a registered building control approver’s registration under subsection (2) it must as soon as reasonably practicable—

(a)notify the approver that it has done so,

(b)give the approver a statement of its reasons, and

(c)notify—

(i)each local authority in England, where the regulatory authority is the regulator, or

(ii)each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(5)A registered building control approver may appeal to the appropriate court or tribunal against the cancellation of its registration under subsection (2).

58Z7Continuing failure to meet standards: local authorities in EnglandE+W

(1)This section applies where—

(a)the regulatory authority is the regulator,

(b)the regulatory authority has given a local authority one or more serious contravention notices under section 58Z5, and

(c)it appears to the regulatory authority that the way in which the local authority exercises their building control functions—

(i)falls short of the standards expected, and

(ii)puts, or may put, the safety of persons in or about buildings at risk,

and is likely to continue to do so.

(2)The regulatory authority may recommend to the Secretary of State that the Secretary of State make an order under section 116(4) (transfer of functions to the Secretary of State or another local authority).

(3)But before making a recommendation under subsection (2) the regulatory authority must—

(a)give the local authority notice that it is considering making a recommendation under that subsection, and explain its reasons, and

(b)invite the authority to make representations within a period specified in the notice (which must not be less than 14 days).

(4)Where the regulatory authority makes a recommendation under subsection (2) it must as soon as reasonably practicable—

(a)notify the local authority that it has done so, and

(b)give the local authority a statement of its reasons.

(5)A local authority may appeal to the tribunal against a recommendation under subsection (2).

Inspection of local authorities and registered building control approversE+W

58Z8InspectionsE+W

(1)The regulatory authority may carry out an inspection of a local authority, or a registered building control approver, in relation to their exercise of building control functions.

(2)The purposes for which an inspection may be carried out include—

(a)ascertaining the efficiency and effectiveness of the local authority or registered building control approver in exercising their building control functions;

(b)verifying any information provided by the local authority or registered building control approver to the regulatory authority, in connection with their building control functions.

Information sharingE+W

58Z9Sharing of information between regulatory authoritiesE+W

(1)The regulator may disclose information held in connection with a function under this Part to the Welsh Ministers for the purposes of—

(a)a function of the regulator under this Part, or

(b)a function of the Welsh Ministers under this Part.

(2)The Welsh Ministers may disclose information held in connection with a function under this Part to the regulator for the purposes of—

(a)a function of the Welsh Ministers under this Part, or

(b)a function of the regulator under this Part.

(3)Except as provided by subsection (4), the disclosure of information under this section does not breach—

(a)any obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

(4)This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).

AppealsE+W

58Z10Appeal to Crown CourtE+W

An appeal lies to the Crown Court against a decision of a magistrates’ court under this Part.]

Part III E+W Other Provisions about Buildings

DrainageE+W

59 Drainage of building.E+W

(1)If it appears to a local authority that in the case of a building—

(a)satisfactory provision has not been, and ought to be, made for drainage F187. . .,

(b)a cesspool, private sewer, drain, soil pipe, rain-water pipe, spout, sink or other necessary appliance provided for the building is insufficient or, in the case of a private sewer or drain communicating directly or indirectly with a public sewer, is so defective as to admit subsoil water,

(c)a cesspool or other such work or appliance as aforesaid provided for the building is in such a condition as to be prejudicial to health or a nuisance, or

(d)a cesspool, private sewer or drain formerly used for the drainage of the building, but no longer used for it, is prejudicial to health or a nuisance,

they shall by notice require the owner of the building to make satisfactory provision for the drainage of the building, or, as the case may be, require either the owner or the occupier of the building to do such work as may be necessary for renewing, repairing or cleansing the existing cesspool, sewer, drain, pipe, spout, sink or other appliance, or for filling up, removing or otherwise rendering innocuous the disused cesspool, sewer or drain.

(2)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.

(3)Subsections (4), (5) and (6) of section 21 above apply in relation to a drain that a local authority require to be constructed under this section as they apply in relation to such a proposed drain as is mentioned in that section.

(4)Subsection (1) above, so far as it empowers a local authority to take action in the cases mentioned in paragraphs (a) and (b) of the subsection, does not apply in relation to a building belonging to statutory undertakers . . . [F188the Civil Aviation Authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) and held or used by such a body or person for the purpose of that body’s or that person’s undertaking], unless it is—

(a)a house, . . . F189 or

(b)a building used as offices or showrooms, and not forming part of a railway station F190...F189... .

[F191(5)For the purposes of subsection (4) above, the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall be taken to be the person’s undertaking as licence holder.]

[F192(6)In subsection (1) above, “drainage” includes the conveyance, by means of a sink and any other necessary appliance, of refuse water and the conveyance of rainwater from roofs.]

[F193(7)Schedule 3 to the Flood and Water Management Act 2010 extends the power under subsection (1)(c) of this section to sustainable drainage systems as defined in regulations under that Schedule.]

Textual Amendments

F187Words in s. 59(1)(a) omitted (1.4.2002) by virtue of S.I. 2001/3335, reg. 3(4)(a) (with reg. 4)

F188Words in s. 59(4) substituted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 7(b)(i)

F190Words in s. 59(4)(b) omitted (10.11.2011) by virtue of The Airport Charges Regulations 2011 (S.I. 2011/2491), reg. 1(1), Sch. 2 para. 3(3)

F191S. 59(5) inserted (21.12.2001) by S.I. 2001/4050, art. 2 Sch. Pt. II para. 7(b)(ii)

F192S. 59(5) added (1.4.2002) by S.I. 2001/3335, reg. 3(4)(b) and renumbered as s. 59(6) (1.4.2002) by S.I. 2002/440, reg. 4

F193S. 59(7) added (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 26(3) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)

Modifications etc. (not altering text)

C42S. 59 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt I para. 5 (with ss. 42, 46)..

C43S. 59 modified (1.10.2011) by SI 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)

C45S. 59(1)(c) applied (2.5.2018 for W. for specified purposes, 7.1.2019 for W. in so far as not already in force) by Flood and Water Management Act 2010 (c. 29), s. 49(3), Sch. 3 para. 26(2) (with s. 49(1)(6)); S.I. 2018/557, arts. 2(b), 3(b)

C46S. 59(4) applied with modifications by Airports Act 1986 (c. 31, SIF 9), s. 58, Sch. 2 para. 6(b)

60 Use and ventilation of soil pipes.E+W

(1)A pipe for conveying rain-water from a roof shall not be used for the purpose of conveying the soil or drainage from a sanitary convenience.

(2)The soil pipe from a water-closet shall be properly ventilated.

(3)A pipe for conveying surface water from premises shall not be permitted to act as a ventilating shaft to a drain or sewer conveying foul water.

(4)If it appears to the local authority . . . F194 that there is on any premises a contravention of any provision of this section, they may by notice require the owner or the occupier of those premises to execute such work as may be necessary to remedy the matter.

(5)Sections 99 and 102 below apply in relation to a notice given under subsection (4) above.

Textual Amendments

61 Repair etc, of drain.E+W

(1)No person shall—

(a)except in case of emergency, repair, reconstruct or alter the course of an underground drain that communicates with a sewer, or with a cesspool or other receptacle for drainage, or

(b)where in a case of emergency any such works have been executed without notice, cover over the drain or sewer,

without giving to the local authority at least 24 hours’ notice of his intention to do so.

(2)While any such work as aforesaid is being executed, all persons concerned shall permit the proper officer, or any other authorised officer, of the local authority to have free access to the work.

(3)A person who fails to comply with this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)This section does not apply to—

(a)so much of a drain or sewer constructed by, or belonging to, a railway company as runs under, across or along their railway, or

(b)so much of a drain or sewer constructed by, or belonging to, dock undertakers as is situated in or on land of the undertakers that is held or used by them for the purposes of their undertaking.

Modifications etc. (not altering text)

62 Disconnection of drain.E+W

(1)Where a person—

(a)reconstructs in the same or a new position a drain that communicates with a sewer or another drain,

(b)executes any works to such a drain so as permanently to discontinue its use, or

(c)executes any works on premises served by such a drain so as permanently to discontinue its use,

he shall cause any drains or parts of drains thereby becoming disused or unnecessary to be disconnected and sealed at such points as the local authority may resonably require.

(2)Any question as to the reasonableness of a requirement of a local authority under this section shall be determined by a magistrates’ court, and the court may vary the requirement as it thinks fit.

(3)No one shall be required under this section to carry out any work in land outside the premises served by the drain if he has not right to carry out that work, but, subject to section 101 below, the person undertaking the reconstruction of the drain or the execution of the works may break open any street for the purpose of complying with a requirement under this section.

(4)Before a person complies with a requirement under this section, he shall give at least 48 hours’ notice to the local authority, and a person who fails to comply with this subsection is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5)A person who knowingly fails to comply with subsection (1) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £1 for each day on which the default continues after he is convicted.

(6)This section does not apply in relation to anything done in the course of the demolition of a building, or of part of a building, being a demolition as respects which the local authority have power under section 81 below to serve a notice on the person undertaking the demolition.

Modifications etc. (not altering text)

63 Improper construction or repair of water-closet or drain.E+W

(1)If a water-closet, drain or soil pipe is so constructed or repaired as to be prejudicial to health or a nuisance, the person who undertook or executed the contruction or repair is liable on summary conviction to a fine not exceeding level 1 on the standard scale, unless he shows that the prejudice to health or nuisance could not have been avoided by the exercise of reasonable care.

(2)A person charged with an offence under this section (hereafter in this section referred to as “the original defendant”) is entitled, upon information duly laid by him and on giving to the prosecutor not less than three clear days’ notice of his intention, to have any other person, being his agent or servant, to whose act or default he alleges that the offence was due brought before the court at the time appointed for the hearing of the charge; and—

(a)if after the commission of the offence has been proved the original defendant proves that the offence was due to the act or default of that other person, that other person may be convicted of the offence, and

(b)if the original defendant further proves that he used all due diligence to secure that the water-closet, drain or soil pipe in question was so constructed or repaired as not to be prejudicial to health or a nuisance, he shall be acquitted of the offence.

(3)Where the original defendant seeks to avail himself of subsection (2) above—

(a)the prosecutor as well as the person whom the original defendant charges with the offence has the tight to cross-examine the original defendant, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence, and

(b)the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party to them.

(4)In this section in its application to Greater London, a reference to a water-closet includes a reference to a urinal.

Provision of sanitary conveniencesE+W

64 Provision of closets in building.E+W

(1)If it appears to a local authority—

(a)that a building is without sufficient closet accommodation,

(b)that a part of a building, being a part that is occupied as a separate dwelling, is without sufficient closet accommodation, or

(c)that any closets provided for or in connection with a building are in such a state as to be prejudicial to health or a nuisance and cannot without reconstruction be put into a satisfactory condition,

the authority shall, by notice to the owner of the building, require him to provide the building with such closets or additional closets, or such substituted closets, being in each case either water-closets or earth-closets, as may be necessary.

(2)Unless a sufficient water supply and sewer are available, the authority shall not require the provision of a water-closet except in substitution for an existing water-closet.

(3)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.

(4)Among the grounds on which an appeal may be brought under section 102 below against such a notice is that—

(a)the need for the works to be executed under the notice would not, in whole or in part, arise but for the occupation of part of the building as a separate dwelling, and the occupation of that part as a separate dwelling is a matter in respect of which the appellant has a cause of action, and

(b)the person against whom the appellant has a cause of action ought to contribute towards the expenses of executing the works.

(5)Where the grounds on which an appeal under section 102 below is brought include the ground specified in subsection (4) above—

(a)the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and

(b)on the hearing of the appeal the court may make such order as it thinks fit with respect to—

(i)the contribution to be made by any such person towards the cost of the works, or

(ii)the proportion in which any expenses that may be recoverable by the local authority are to be borne by the appellant and any such other person.

(6)This section does not apply to—

(a)a factory,

(b)a building that is used as a workplace, or

(c)premises to which the M9Offices, Shops and Railway Premises Act 1963 applies.

Modifications etc. (not altering text)

C52S. 64(1) applied (with modifications) (07. 08. 1991) by S.I. 1991/1773, art. 8(2)(3), Sch.2.S. 64(1) applied (with modifications) (10. 01. 1992) by S.I. 1991/2913, art. 8(2)(3), Sch.2.

C53S. 64(1): certain functions transferred (07. 08. 1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2.S. 64(1): certain functions transferred (10. 01. 1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2.

Marginal Citations

65 Provision of sanitary conveniences in workplace.E+W

(1)A building that is used as a workplace shall be provided with—

(a)sufficient and satisfactory accommodation in the way of sanitary conveniences, regard being had to the number of persons employed in, or in attendance at, the building, and

(b)where persons of both sexes are employed or in attendance, sufficient and satisfactory separate accommodation for persons of each sex, unless the local authority are satisfied that in the circumstances of the partiuclar case the provision of such separate accommodation is unnecessary.

(2)If it appears to the local authority that subsection (1) above is not complied with in the case of any building, they shall by notice require the owner or the occupier of the building to make such alterations in the existing conveniences, and to provide such additional conveniences, as may be necessary.

(3)Sections 99 and 102 below apply in relation to a notice given under subsection (2) above.

(4)This section does not apply to premises to which the Offices, Shops and Railway Premises Act 1963 applies.

Modifications etc. (not altering text)

C54S. 65 applied (with modifications) (07. 08. 1991) by S.I. 1991/1773, art. 8(2)(3), Sch.2.S. 65 applied (with modifications) (10. 01. 1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2.

C55S. 65: certain functions transferred (07. 08. 1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2.S. 65: certain functions transferred (10. 01. 1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2.

66 Replacement of earth-closets etc.E+W

(1)If a building has a sufficient water supply and sewer available, the local authority may, subject to this section, by notice to the owner of the building require that any closets, other than water-closets, provided for, or in connection with, the building shall be replaced by water-closets, notwithstanding that the closets are not insufficient in number and are not prejudicial to health or a nuisance.

(2)A notice under subsection (1)

above shall—

(a)require the owner to execute the necessary works, or

(b)require that the authority themselves shall be allowed to execute them,

and shall state the effect of subsection (3) below.

(3)Where the local authority give a notice under subsection (1) above—

(a)if it requires the owner to execute the works, the owner is entitled to recover from them one-half of the expenses reasonably incurred by him in the execution of the works, and

(b)if it requires that they shall be allowed to execute the works, they are entitled to recover from the owner one-half of the expenses reasonably incurred by them in the execution of the works.

(4)Where the owner of a building proposes to provide it with a water-closet in subsititution for a closet of any other type, the local authority may, if they think fit, agree to pay him a part, not exceeding one-half, of the expenses reasonably incurred in effecting the replacement, notwithstanding that a notice has not been given by them under subsection (1) above.

(5)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above, subject to the following modifications—

(a)no appeal lies on the ground that the works are unnecessary, and

(b)any reference in the said section 99 to the expenses reasonably incurred in executing works is a reference to one-half of those expenses.

67 Loan of temporary sanitary conveniences.E+W

(1)A local authority may, at the request of the occupier of any premises connected with a cesspool, sewer or drain on which any work of maintenance, improvement or repair that necessitates the disconnection of the sanitary conveniences provided for or in connection with the premises is to be carried out—

(a)by a local authority, or

(b)by the owner or occupier of the premises in pursuance of section 59 above,

supply on loan temporary sanitary conveniences in substitution for any sanitary conveniences so disconnected.

(2)Subject to the following provisions of this section, the local authority may make reasonable charges for supplying, removing and cleansing any temporary sanitary conveniences lent under this section for more than seven days.

(3)No charge may be made under subsection (2) above—

(a)for the use of the temporary sanitary conveniences for the first seven days, or

(b)in a case where the work is made necessary by a defect in a public sewer . . . F195

(4)No charge may be made under subsecction (2) above where the work is made necessary—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F196

(b)by a defect in a cesspool, private sewer or drain in respect of which the local authority have served a notice under section 59 above,

but, if the temporary sanitary conveniences are provided for a period of more than seven days, the reasonable expenses of supplying, removing and cleansing them are recoverable from the owner of the premises (but not any charge for the use of them for the first seven days).

(5)In proceedings to recover expenses under subsection (4) above, the court may—

(a)inquire whether the expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings, and

(b)make such order concerning the expenses or their apportionment as appears to the court to be just,

but the court shall not order the expenses or any part of them to be borne by any person other than the defendent in the proceedings unless the court is satisfied that that other person has had notice of the proceedings and an opportunity of being heard.

Textual Amendments

68 Erection of public conveniences.E+W

(1)No person shall erect a public sanitary convenience in, or so as to be accessible from, a street without the consent of the local authority, who may give their consent upon such terms as to the use of the convenience or its removal at any time, if required by them, as they think fit.

(2)A person who contravenes subsection (1) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale, without prejudice to the right of the authority under subsection (4) below to require the convenience to be removed.

(3)A person aggrieved by the refusal of a local authority to give a consent under subsection (1) above, or by any terms imposed by them, may appeal to a magistrates’ court.

(4)The local authority may by notice require—

(a)the owner of a sanitary convenience—

(i)that has been erected in contravention of subsection (1) above, or

(ii)that the authority are, by virtue of the terms of a consent given under that subsection, entitled to require to be removed,

to remove it, or

(b)the owner of a sanitary convenience that opens on a street, and is so placed or constructed as to be a nuisance or offensive to public decency, to remove it or permanently close it.

(5)Sections 99 and 102 below apply in relation to a notice given under subsection (4) above.

(6)in this section, a reference to a local authority, in relation to a street that is a highway for which the local authority are not the highway authority, is a reference to the highway authority.

(7)Subsection (1) above does not apply to a sanitary convenience erected—

(a)by a railway company within their railway station or its yard or approaches, or

(b)by dock undertakers in or on land that belongs to them and is held or used by them for the purposes of their undertaking.

(8)This section does not affect the powers of—

(a)a county council . . . F197 under section 87 of the M10Public Health Act 1936,

(b)the [F198Secretary of State] [F198appropriate national authority] under section 112 of the M11Highways Act 1980, or

(c)a county council under section 114(1) of the Highways Act 1980.

Textual Amendments

Marginal Citations

BuildingsE+W

69 Provision of water supply in occupied house.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F199

Textual Amendments

70 Provision of food storage accommodation in house.E+W

(1)If it appears to a local authority that a house, or part of a building that is occupied as a separate dwelling, is without sufficient and suitable accommodation for the storage of food, the local authority may by notice require the owner of the house or building to provide the house or building with sufficient and suitable accommodation for that purpose.

(2)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.

(3)Among the grounds on which an appeal may be brought under section 102 below against such a notice are—

(a)that it is not reasonably practicable to comply with the notice;

(b)that—

(i)the need for the works to be executed under the notice would not, in whole or in part, arise but for the occupation of part of the building as a separate dwelling, and that the occupation of that part as a separate dwelling is a matter in respect of which the appellant has a cause of action, and

(ii)the person against whom the appellant has a cause of action ought to contribute towards the expenses of executing the works.

(4)Where the grounds on which an appeal under section 102 below is brought include the ground specified in subsection (3)(b) above—

(a)the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and

(b)on the hearing of the appeal the court may make such order as it thinks fit with respect to—

(i)the contribution to be made by any such person towards the cost of the works, or

(ii)the proportion in which any expenses that may be recoverable by the local authority are to be borne by the appellant and any such other person.

Modifications etc. (not altering text)

C56S. 70 applied (with modifications) (07. 08. 1991) by S.I. 1991/1773, art. 8(2)(3), Sch.2.S. 70 applied (with modifications) (10. 01. 1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2.

C57S. 70: certain functions transferred (07. 08. 1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2.S. 70: certain functions transferred (10. 01. 1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2.

F20071Entrances, exits etc. to be required in certain cases.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

72 Means of escape from fire.E+W

(1)If it appears to a local authority, after consultation with the [F201fire and rescue authority], that—

(a)a building to which this section applies is not provided, or

(b)a proposed building that will be building to which this section applies will not be provided,

with such means of escape in case of fire as the local authority, after such consultation, deem necessary from each storey whose floor is more that twenty feet above the surface of the street or ground on any side of the building, the authority shall by notice require the owner of the building, or, as the case may be, the person proposing to erect the building, to execute such work or make such other provision in regard to the matters aforesaid as may be necessary.

(2)Sections 99 and 102 below apply in relation to a notice given under subsection (1) above in so far as it requires a person to execute works.

(3)In so far as such a notice requires a person to make provision otherwise than by the execution of works, he is, if he fails to comply with the notice, liable on summary conviction to a fine not exceeding level 4 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.

(4)In proceedings under subsection (3) above, it is open to the defendant to question the reasonableness of the authority’s requirements.

(5)Where building regulations imposing requirements as to the provision of means of escape in case of fire are applicable to a proposed building or proposed extension of a building, or would be so applicable but for a direction under section 8 above dispensing with such requirements—

(a)this section, and

(b)any provision of a local Act that has effect in place of this section,

does not apply in relation to the proposed building or extension.

(6)This section applies to a building that exceeds two storeys in height and in which the floor of any upper storey is more than twenty feet above the surface of the street or ground on any side of the building and that—

F202(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F203(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F204(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F201Words in s. 72(1) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 57(2)(3)(f); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F202S. 72(6)(a) repealed (6.4.2007 for E.) by Housing Act 2004 (c. 34), ss. 53(3), 270(4)(5)(a), Sch. 16; S.I. 2007/1068, art. 2

73 Raising of chimney.E+W

(1)Where, after the M123rd October 1961 (which was the date of commencement of the relevant provisions of the Public Health Act 1961)—

(a)a person erects or raises a building (in this section referred to as “the taller building”) to a greater height than an adjoining building, and

(b)any chimneys or flues of an adjoining building are in a party wall between the two buildings or are six feet or less from the nearest part of the taller building,

the local authority may by notice—

(i)require that person, within such time as may be specified in the notice, to build up those chimneys and flues, if it is reasonably practicable so to do, so that their top will be of the same height as the top of the chimneys of the taller building or the top of the taller building, whichever is the higher, and

(ii)require the owner or occupier of the adjoining building to allow the first-mentioned person to enter on that building and carry out such work as may be necessary to comply with the notice served on him,

except that, if the said owner or occupier, within fourteen days from the date of service of the notice on him, serves on the first-mentioned person and on the local authority a notice (in this section referred to as a “counter-notice”) that he elects to carry out the work himself, the owner or occupier shall comply with the notice served under paragraph (i) above instead of the first-mentioned person and may recover the expenses reasonably incurred in so doing from that person.

(2)A person on whom a notice is served under paragraph (i) or paragraph (ii) of subsection (1) above may appeal to a magistrates’ court.

(3)If—

(a)a person on whom a notice is served under paragraph (i) of subsection (1) above fails to comply with the notice, except in a case where the owner or occupier of an adjoining building has refused to allow entry on that building, or has refused to allow the carrying out of any such work as may be necessary to comply with the notice, or has served a counter-notice, or

(b)a person on whom a notice is served under paragraph (ii) of subsection (1) above fails to comply with the notice or, having served a counter-notice, fails to comply with the notice served under paragraph (i) of that subsection,

he is liable on summary conviction to a fine not exceeding level 1 on the standard scale, and the local authority may themselves carry out such work as may be necessary to comply with the notice served under the said paragraph (1), and recover the expenses reasonably incurred in doing so from the person on whom that notice was served.

Marginal Citations

74 Cellars and rooms below subsoil water level.E+W

(1)No person shall without the consent of the local authority construct a cellar or room in, or as part of, a house, shop, inn, hotel or office if the floor level of the cellar or room is lower than the ordinary level of the subsoil water on, under or adjacent to the site of the house, shop, inn, hotel or office.

(2)Subsection (1) above does not apply to—

F205(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the construction of a cellar or room in connection with a shop, inn, hotel or office that forms part of a railway station.

(3)If a person constructs a cellar or room in contravention of subsection (1) above, or of any condition attached to a consent under this section—

(a)he is liable on summary conviction to a fine not exceeding level 1 on the standard scale, and

(b)the local authority may by notice require him either to alter the cellar or room so that its construction will no longer contravene the said subsection or condition or, if he so elects, to fill it in or otherwise make it unusable.

(4)Sections 99 and 102 below apply in relation to a notice given under subsection (3) above, subject to the following modifications—

(a)section 99(1) requires the notice to indicate the nature of the works of alteration and that of the works for making the cellar or room unusable, and

(b)section 99(2) authorises the local authority to execute, subject to that subsection, at their election either the works of alteration or the works for making the cellar or room unusable.

(5)If the owner for the time being of the house, shop, inn, hotel or office causes or permits a cellar or room forming part of it to be used in a manner that he knows to be in contravention of a condition attached to a consent under this section, he is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Textual Amendments

F205S. 74(2)(a) repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 92, Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 4)

Modifications etc. (not altering text)

75 Consents under s. 74.E+W

(1)A consent under section 74 above may be given subject to such conditions as to the construction or use of the premises as may be specified in it, and conditions specified in such a consent are binding on successive owners of the house, shop inn, hotel or office.

(2)If a local authority—

(a)refuse an application for such a consent, or

(b)attach any conditions to such a consent,

the person applying for the consent may appeal to a magistrates’ court aganist the refusal or, as the case may be, against any of the conditions, and if a magistrates’ court allows an appeal against a refusal to grant a consent it may direct the local authority to give their consent subject to such conditions, if any, as appear to the court to be appropriate.

(3)An application may be made at any time to the local authority for the variation or withdrawal of a condition attached to such a consent, and, if the local authority refuse the application, the applicant may appeal to a magistrates’ court.

Defective premises, demolition etc.E+W

76 Defective premises.E+W

(1)If it appears to a local authority that—

(a)any premises are in such a state (in this section referred to as a “defective state”) as to be prejudicial to health or a nuisance, and

(b)unreasonable delay in remedying the defective state would be occasioned by following the procedure prescribed by [F206section 80 of the Environmental Protection Act 1990