http://www.legislation.gov.uk/ukpga/1984/55/section/33Building 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 1984s. 33The Building Act 1984 (Commencement No. 1) (Wales) Order 2025Gorchymyn Deddf Adeiladu 1984 (Cychwyn Rhif 1) (Cymru) 2025art. 2Building 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 I331Where work to which building regulations are applicable is proposed or carried out, the building control authority has the powers under subsection (2) for the purpose of ascertaining whether any provision of building regulations is or would be contravened—aby or in connection with the work, orbin relation to the building that the work has been, is being or will be carried out on.2The powers are—ato require a person by whom or on whose behalf the work was, is being, or is proposed to be done to carry out such reasonable tests of or in connection with the work, or in relation to the building, as may be specified in the requirement, orbto carry out any reasonable tests of or in connection with the work, or in relation to the building, and to take any samples necessary to enable them to carry out such a test.3Without prejudice to the generality of subsection (2) above, the matters with respect to which tests may be required or carried out under that subsection include—atests of the soil or subsoil of the site of a building,btests of any material, component or combination of components that has been, is being or is proposed to be used in the construction of a building, and tests of any service, fitting or equipment that has been, is being or is proposed to be provided in or in connection with a building.3AThe tests that may be required or carried out under subsection (2) include in particular tests involving—athe cutting into or laying open of any work or any building, andbthe pulling down of any work.4A building control authority have power, for the purpose of ascertaining whether there is or has been, in the case of a building, a contravention of a continuing requirement that applies in relation to that building—ato require the owner or occupier of the building to carry out such reasonable tests as may be specified in the requirement under this paragraph, orbthemselves to carry out any tests that they have power to require under paragraph (a) above, and to take any samples necessary to enable them to carry out such a test;and in this subsection “continuing requirement” means a continuing requirement imposed by building regulations made by virtue of section 2(1) or (2) or 2A above.5The expense of carrying out any tests that a person is required to carry out under this section shall be met by that person, except that the building control authority, on an application made to them, may, if they think it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the local authority.6Any question arising under this section between a building control authority and a person as to the reasonableness of—aa test specified in a requirement imposed on him by the authority under this section,ba refusal by the authority to give a direction under subsection (5) above on an application made by him, orca direction under that subsection given on such an application,may on the application of that person be determined by the appropriate court or tribunal; and in a case falling within paragraph (b) or (c) above the court or tribunal may order the expense to which the application relates to be met by the building control authority to such extent as the court or tribunal thinks just.Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2Pt. 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.7PPt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))S. 33(1)(2) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 30(2); S.I. 2023/993, reg. 2(n)(xi); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)S. 33(3A) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 30(3); S.I. 2023/993, reg. 2(n)(xi); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8Words in s. 33(6) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 12; S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)S. 33 in force at 1.10.2023 for E. by S.I. 2023/992, art. 2Words in s. 33(4) inserted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 4(2), 11(4)Words in s. 33(6) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(f); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)Words in s. 33(6) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 30(4); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)Words in s. 33(5) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 30(4); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)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. 1Pt. 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))Words in s. 33(4) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 30(4); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)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. 3Pt. 1 excluded (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), art. 1, Sch. 15 para. 4 (with art. 40, Sch. 14)