C1C2C3C4C5C8C6C7 Part I Building Regulations
Pt. 1 (ss. 1-46) modified (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 18(1)
Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)
Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7P
Pt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))
Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8
Pt. 1 (ss. 1-46) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 3
Pt. 1 (ss. 1-46) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 22 para. 1
Pt. 1 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 1(1)(a) (with Sch. 22 para. 1(2)(3))
Type approval of building matter
I112 Power of F2appropriate national authority to approve type of building matter.
1
This section has effect with a view to enabling the F16appropriate national authority, either on an application made F9by 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 F13appropriate national authority approves a type of building matter as complying with particular requirements of building regulations either generally or in a class of case, F8it 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
7
Building regulations may require a person making an application under subsection F1(1) or (6) aboveF1(1), (6) or (8) to pay the F3appropriate 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 F3appropriate national authority may in a particular case remit the whole or part of a fee payable by virtue of this subsection.
8
The F12appropriate national authority may revoke a certificate issued under subsection (3) above, F17but, 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.F17either on an application or of the appropriate national authority’s own accord.
F78A
The regulator may at any time make a proposal to the Secretary of State for—
a
the giving of an approval under subsection (1), or
b
the varying or revocation of a certificate under subsection (6) or (8).
8B
Before making a proposal, the regulator must consult—
a
such persons as it considers appropriate, and
b
if the proposal is to vary or revoke a certificate issued on an application under subsection (1), the original applicant.
8C
Before giving an approval or varying or revoking a certificate under this section, unless acting on a proposal of the regulator, the Secretary of State must consult—
a
the regulator,
b
any other person the Secretary of State considers appropriate, and
c
if varying or revoking a certificate issued on an application under subsection (1), the original applicant.
8D
Before varying or revoking a certificate issued on an application under subsection (1), the Welsh Ministers must give the original applicant reasonable notice that they propose to do so (except in the case of a variation or revocation made on the application of that person).
9
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 F14before that time—
a
plans of the proposed work were, in accordance with building regulations, deposited with a local authority, F11...
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 F4appropriate national authority thinks fit.
12
In this section, “building matter” has the same meaning as in section 11 above.
Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2