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Building Act 1984

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Building Act 1984, Section 48 is up to date with all changes known to be in force on or before 23 June 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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48 Effect of initial notice.E+W

(1)So long as an initial notice continues in force, the function of enforcing building regulations that is conferred on a local authority by section 91(2) below is not exercisable in relation to the work [F1to which the notice relates], and accordingly—

(a)a local authority may not give a notice under section [F235B, 35C or] 36(1) above in relation to [F3that work], and

(b)a local authority may not institute proceedings under section 35 above for a contravention F4... that arises out of the carrying out of [F3that work].

(2)For the purposes of the enactments specified in subsection (3) below—

(a)the giving of an initial notice accompanied by such plans as are referred to in section 47(1)(b) above shall be treated as the [F5deposit of plans] [F5making of an application for building control approval],

(b)the plans accompanying an initial notice shall be treated as the [F6deposited plans] [F6plans accompanying the application for building control approval],

(c)the acceptance or rejection of an initial notice shall be treated as the [F7passing or, as the case may be, the rejection of plans] [F7approval or rejection of the application], and

(d)[F8the cancellation of an initial notice under section 52(5) below shall be treated as a declaration under section 32 above that the deposit of plans is of no effect.]

[F8where an initial notice ceases to be in force under section 53A, the application for building control approval (treated by virtue of paragraph (a) as made) is to be treated as if it was not made (and the approval was not given).]

(3)The enactments referred to in subsection (2) above are—

(a)section 36(2) above,

(b)section 36(5) above, in so far as it relates to a notice under section 36(2) above and to non-compliance with any such requirement as is referred to in that subsection,

(c)section 36(6) above, in so far as it relates to a contravention of this Act,

(d)section 18(2) above, and

(e)sections 219 to 225 of the M1Highways Act 1980 (the advance payments code).

F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 48(1) substituted (14.10.1996) by S.I. 1996/1905, art. 3(3)(a)

F2Words in s. 48(1)(a) 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. 41(2)(a); S.I. 2023/993, reg. 2(n)(xiv); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F3Words in s. 48(1)(a)(b) substituted (14.10.1996) by S.I. 1996/1905, art. 3(3)(b)

F4Words in s. 48(1)(b) omitted (1.10.2023 except in relation to W., 6.4.2024 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 41(2)(b); S.I. 2023/993, reg. 2(n)(xiv); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

Modifications etc. (not altering text)

C1S. 48(2) amended by Midland Metro Act 1989 (c. xv), s. 45(10); s. 48(2) extended (27.7.1993) by 1993 c. xv, s. 55(10); s. 48(2) applied (with modifications) (21.7.1994) by 1994 c. xv, s. 58(10)

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