Part II Supervision of Building Work etc. otherwise than by F6building control authorities
Supervision of plans and work by F3registered building control approvers
Words in s. 47 cross-heading substituted (6.4.2024 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 4 para. 3; S.I. 2024/104, reg. 2(b) (with reg. 3); S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
51AF1 Variation of work to which initial notice relates.
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This section applies where—
a
it is proposed that the work to which an initial notice relates should be varied, and
b
the work as varied is not higher-risk building work.
2
If—
a
a notice in the prescribed form (called an “amendment notice”)—
i
is given to the local authority by whom the initial notice was accepted, and
ii
is jointly given by the F8registered building control approver who gave the initial notice and by the person shown in the amendment notice as the person intending to carry out the relevant work,
b
the amendment notice is accompanied by such plans of the proposed variation as may be prescribed,
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
the amendment notice—
i
is accepted by the local authority giving notice of acceptance within the prescribed period to each of the persons by whom the amendment notice was given, or
ii
is deemed to have been accepted by the local authority by virtue of subsection (5) below,
the work to which the initial notice relates shall be treated as varied as proposed in the amendment notice.
3
A local authority to whom an amendment notice is given—
a
may not reject the notice except on prescribed grounds, and—
b
shall reject the notice if any of the prescribed grounds exists.
4
Where the relevant work is of such a description that, if F5plans of it had been deposited withF5an application for building control approval in respect of it had been made to the local authority, the authority could, under any enactment, have imposed requirements as a condition of F9passing the plansF9granting the application, the local authority may impose the like requirements as a condition of accepting the amendment notice.
5
Unless, within the prescribed period, the local authority to whom an amendment notice is given give notice of rejection, specifying the ground or grounds in question, to each of the persons by whom the notice was given, the authority is conclusively presumed to have accepted it and to have done so without imposing any such requirements as are referred to in subsection (4) above.
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Subsection (5) does not apply in prescribed circumstances.
6
Section 47(5) shall apply in relation to the form prescribed for an amendment notice as it applies in relation to the form prescribed for an initial notice.
7
In this section, references to the relevant work are to the work to which the initial notice, as proposed to be varied, relates.
Words in Pt. 2 heading 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. 39; S.I. 2023/993, reg. 2(n)(xii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)