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Building Act 1984

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Building Act 1984, Section 10 is up to date with all changes known to be in force on or before 25 February 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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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) [F1, (3A)] or (4) above in respect of any particular work, the [F2appropriate national authority], the [F3local authority] [F3building control 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 [F2appropriate national authority] or the [F3local authority] [F3building control 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 [F4appropriate national authority], the [F5local authority] [F5building control 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 F6... 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 [F7appropriate national authority] may, instead of F8... 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 [F9appropriate national authority], the [F10local authority] [F10building control 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 [F11to the Secretary of State copies of those representations.] [F11copies of the representations to—

(a)the regulator, in the case of a local authority for an area in England;

(b)the Welsh Ministers, in the case of a local authority for an area in Wales.]

Textual Amendments

F3Words in s. 10(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 13(3); S.I. 2023/993, reg. 2(n)(vi)

F5Words in s. 10(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 13(3); S.I. 2023/993, reg. 2(n)(vi)

F10Words in s. 10(5) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 13(3); S.I. 2023/993, reg. 2(n)(vi)

F11Words in s. 10(6) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 2; S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

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