Building Act 1984

Passing of plans

16 Passing or rejection of plans

(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.

(13) Until such day as the Secretary of State may by order appoint, subsection (10) above has effect as follows—

“(10) Any question arising under this section between a local authority and the person by whom or on whose behalf plans are deposited as to whether the plans are defective, or whether the proposed work would contravene any of the regulations, may on the application of that person be determined by a magistrates' court, but no such application shall be entertained unless it is made before the proposed work has been substantially commenced.”

17 Approval of persons to give certificates etc.

(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 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 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 of an entry in the current list so maintained, and

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

18 Building over sewer etc.

(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) it is proposed to erect the building or extension, as the case may be, over a sewer or drain that is shown on the relative map of sewers,

the authority shall reject the plans unless they are satisfied that in the circumstances of the particular case they may properly consent to the erection of the proposed building or extension, either unconditionally or subject to compliance with any requirements specified in their consent.

(2) Where—

(a) plans of a building or of an extension of a building are, in accordance with building regulations, deposited with the council of a district or outer London borough, or a building notice in respect of a building or of an extension of a building is served on the district surveyor in pursuance of section 83 of the [1939 c. xcvii.] London Building Acts (Amendment) Act 1939, and

(b) it is proposed to erect the building or extension, as the case may be, over a water authority's sewer that is shown on the relative map of sewers,

the council of the district or borough or the Greater London Council, as the case may be, shall notify the water authority of the proposal.

(3) A water authority may give directions to the council of a district or outer London borough as to the manner in which the council are to exercise their functions under subsection (1) above.

(4) 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—

(a) whether the site on which it is proposed to erect a building or an extension of a building is over such a sewer or drain as is mentioned in that subsection, or

(b) whether, and if so upon what conditions, a consent ought to be given by the local authority, may on the application of that person be determined by a magistrates' court.

(5) In this section—

• “drain ” includes a pipe (including associated works) provided in pursuance of section 12(6), 14(5), 21(4) or 26 of the [1974 c. 40.] Control of Pollution Act 1974 ;

• “map of sewers ” means—

  (a)

  the map/of sewers and drains kept by an authority under section 32(1) of the [1936 c. 49.] Public Health Act 1936, or

  (b)

  a map of pipes kept by an authority under section 28(1) of the [1974 c. 40.] Control of Pollution Act 1974.

19 Use of short-lived materials

(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 Ion 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 the [1971 c. 78.] Town and Country Planning Act 1971.

(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).

20 Use of materials unsuitable for permanent building

(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 Part III or IV of the [1971 c. 78.] Town and Country Planning Act 1971.

(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 further 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 Secretary of State may by building regulations—

(a) prescribe a type of material or component for the purposes of subsection (9)(a) above if in his 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 his 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.

21 Provision of drainage

(1) Where plans of a building or of an extension of a building are, in accordance with building regulations, deposited with a local authority, the authority shall reject the plans unless—

(a) the plans show that satisfactory provision will be made for the drainage of the building or of the extension, as the case may be, or

(b) the authority are satisfied that in the case of the particular building or extension they may properly dispense with any provision for drainage.

(2) 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 rain-water from roofs.

(3) 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—

(a) whether provision for drainage may properly be dispensed with, or

(b) whether any provision for drainage proposed to be made ought to be accepted by the authority as satisfactory,

may on the application of that person be determined by a magistrates' court.

(4) A proposed drain shall not be deemed a satisfactory drain for the purposes of this section unless it is proposed to be made, as the local authority, or on appeal a magistrates' court, may require, either to connect with a sewer, or to discharge into a cesspool or some other place; but a drain shall not be required to be made to connect with a sewer unless—

(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.

22 Drainage of buildings in combination

(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 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.

23 Provision of facilities for refuse

(1) Where plans for the erection or extension of a building are, in accordance with building regulations, deposited with a local authority, the local authority shall reject the plans unless it is shown to them that satisfactory means of access from the building to a street for the purpose of the removal of refuse, and satisfactory means of storing refuse for removal, can, and will, be provided.

(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 a means of access or of storing refuse proposed to be provided can be provided and ought to be accepted by the authority as satisfactory may on the application of that person be determined by a magistrates' court.

(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.

24 Provision of exits etc.

(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 fire 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 ingress 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,

(c) a club required to be registered under the [1964 c. 26.] Licensing Act 1964,

(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 [1890 c. 59.] Public 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 [1936 c. 49.] Public Health Act 1936) in a district or rating district where neither the said section 36 nor such a corresponding provision ever came into operation.

25 Provision of water supply

(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 statutory 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.

26 Provision of closets

(1) Where plans of a building or of an extension of a building are, in accordance with building regulations, deposited with a local authority, the authority shall reject the plans unless—

(a) the plans show that sufficient and satisfactory closet accommodation consisting of one or more water-closets or earth-closets, as the authority may approve, will be provided, or

(b) the authority are satisfied that in the case of the particular building or extension they may properly dispense with the provision of closet accommodation.

(2) Notwithstanding subsection (1) above—

(a) the authority shall not reject the plans on the ground that the proposed accommodation consists of or includes an earth-closet or earth-closets unless a sufficient water supply and sewer are available, and

(b) the authority shall reject the plans if they show that the proposed building or, as the case may be, extension is likely to be used as a factory or workplace in which persons of both sexes will be employed or will be in attendance, unless—

(i) the plans show that sufficient and satisfactory separate closet accommodation for persons of each sex will be provided, or

(ii) the authority are satisfied that in the circumstances of the particular case they may properly dispense with the provision of such separate accommodation.

(3) Any question arising under subsection (1) or (2) above between a local authority and the person by whom, or on whose behalf, plans are deposited as to—

(a) whether the provision of closet accommodation or, as the case may be, the provision of separate closet accommodation for persons of each sex may properly be dispensed with,

(b) whether the closet accommodation proposed to be provided is sufficient and satisfactory or, as the case may be, sufficient and satisfactory for persons of either sex, or

(c) whether the provision of an earth-closet in lieu of a water-closet should in a particular instance be approved,

may on the application of that person be determined by a magistrates' court.

27 Provision of bathrooms

(1) Where plans—

(a) for the erection of a house, or of a building part of which is intended to be occupied as a separate dwelling, or

(b) of works involving the conversion of a building into a house or into separate dwellings, or the conversion of part of a building into a separate dwelling,

are, in accordance with building regulations, deposited with a local authority, the authority may reject the plans if they do not show that the house or, as the case may be, each separate dwelling will be provided with a bathroom containing either a fixed bath or a shower bath, and a suitable installation for the provision of hot and cold water to the bath or shower bath.

(2) If the local authority reject the plans under subsection (1) above, the person by whom the plans were deposited may appeal to a magistrates' court, and if the magistrates' court allows the appeal it shall direct the local authority to allow the plans under this section.

28 Provision for food storage

(1) Where plans—

(a) for the erection of a house, or of a building part of which is intended to be occupied as a separate dwelling, or

(b) of works involving the conversion of a building into a house or into separate dwellings, or the conversion of part of a building into a separate dwelling,

are, in accordance with building regulations, deposited with a local authority, the authority may reject the plans if they do not show that the house or, as the case may be, each separate dwelling will be provided with sufficient and suitable accommodation for the storage of food, or sufficient and suitable space for the provision of such accommodation by the occupier.

(2) If the local authority reject the plans under subsection (1) above, the person by whom the plans were deposited may appeal to a magistrates' court, and if the magistrates' court allows the appeal it shall direct the local authority to allow the plans under this section.

29 Site containing offensive material

(1) Where plans for the erection or extension of a building are, in accordance with building regulations, deposited with a local authority, and the site on which it is proposed to erect the building or the extension, as the case may be, is—

(a) ground that has been filled up with material impregnated with faecal or offensive animal or offensive vegetable matter, or

(b) ground upon which any such material has been deposited,

the authority shall reject the plans unless they are satisfied that the material in question has been removed, or has become or been rendered innocuous.

(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 approve the erection of the building or the extension, as the case may be, on the site in question may on the application of that person be determined by a magistrates' court.