http://www.legislation.gov.uk/ukpga/1984/55/section/116Building Act 1984 An Act to consolidate certain enactments concerning building and buildings and related matters.1984-10-31texttext/xmlenStatute Law Database2026-03-06Expert Participation2026-01-27 Building Act 1984s. 131ABuilding Safety Act 2022s. 59s. 170(4)(c)Building Act 1984s. 95(5)Building Safety Act 2022s. 60(2)s. 170(4)(c)Building Act 1984s. 131BBuilding Safety Act 2022s. 60(3)s. 170(4)(c)Building Act 1984Sch. 1 para. 7A(4)Building Safety Act 2022Sch. 5 para. 83(5)s. 170(4)(b)(c)reg. 2(n)(xxxiii)reg. 2(d)(xi)Sch.reg. 348- 12Building Act 1984s. 44(11)Sustainable and Secure Buildings Act 2004s. 3(8)s. 11(3)Building Act 1984ActThe Building etc. (Amendment) (No. 2) (Wales) Regulations 2025Rheoliadau Adeiladu etc. (Diwygio) (Rhif 2) (Cymru) 2025reg. 21reg. 1(2)Building Act 1984s. 1(1A)(d)Infrastructure Act 2015s. 37(2)s. 57(5)(a)Building Act 1984Sch. 1 para. 7AInfrastructure Act 2015s. 37(4)s. 57(5)(a) Part IV1161If the Secretary of State appropriate national authority is satisfied that a local authority or joint board have failed to discharge their functions under this Act in a case in which they ought to have discharged them, he it may make an order declaring them to be in default and directing them for the purpose of removing the default to discharge such of their functions, in such manner and within such time or times, as may be specified in the order.2If a local authority or joint board with respect to whom an order has been made under subsection (1) above fail to comply with a requirement of the order within the time limited by the order for compliance with that requirement, the Secretary of State appropriate national authority, in lieu of enforcing the order by mandamus or otherwise, may make an order tranferring to himself such of the functions of the body in default as may be specified in his order. make a transfer order in respect of the body in default. 3The Secretary of State must consult the regulator before making an order under subsection (1) or (2).4The Secretary of State may also make a transfer order in respect of a local authority if—aunder section 58Z7(2) the regulator recommends that the Secretary of State make a transfer order in respect of the authority, andbthe Secretary of State is satisfied that the way in which the authority exercises its functions under this Act—ifalls short of the standards expected, andiiputs, or may put, the safety of persons in or about buildings at risk,and is likely to continue to do so.5The Welsh Ministers may also make a transfer order in respect of a local authority if the Welsh Ministers are satisfied that the way in which the authority exercises its functions under this Act—afalls short of the standards expected, andbputs, or may put, the safety of persons in or about buildings at risk,and is likely to continue to do so.6A “transfer order”, in respect of a local authority or joint board, is an order transferring to the appropriate national authority, or to another local authority, such functions of the authority or board as may be specified in the order.Words in s. 116(1) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(b)(i), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)Words in s. 116(2) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(c)(i), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)Words in s. 116 heading substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(a), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)Word in s. 116(1) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(b)(ii), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)Words in s. 116(2) substituted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(c)(ii), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)S. 116(3)-(6) inserted (6.4.2024 except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 45(2)(d), 170(4)(b)(c); S.I. 2024/104, reg. 2(d) (with reg. 3)