Part I Building Regulations

Building control approval

25 Provision of water supply.

(1)

Where F1an application for building control approval in respect of a house is made to a F2building control authority, the authority shall reject F3the application 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 F4... 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 F2building control authority and the person by whom, or on whose behalf, F5an application for building control approval is made as to whether the F2building control authority ought to F6grant the application may on the application of that person be determined by F7the appropriate court or tribunal.

(3)

If, after any such F8application has been granted, it appears to the F2building control 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 F9the appropriate court or tribunal for an order authorising the occupation of the house, and, if the court F10or tribunal is of opinion that a certificate ought to have been granted, the court F10or tribunal may make an order authorising the occupation of the house, and such an order shall have the like effect as a certificate of the F2building control 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.

F11(7)

F12Section 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 F13Chapter III of Part III of that Act.