http://www.legislation.gov.uk/ukpga/1984/55/section/74Building 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 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 III Other Provisions about Buildings Buildings Cellars and rooms below subsoil water level.741No person shall without the consent of the local authority construct a cellar or room in, or as part of, a house, shop, inn, hotel or office if the floor level of the cellar or room is lower than the ordinary level of the subsoil water on, under or adjacent to the site of the house, shop, inn, hotel or office.2Subsection (1) above does not apply to—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bthe construction of a cellar or room in connection with a shop, inn, hotel or office that forms part of a railway station.3If a person constructs a cellar or room in contravention of subsection (1) above, or of any condition attached to a consent under this section—ahe is liable on summary conviction to a fine not exceeding level 1 on the standard scale, andbthe local authority may by notice require him either to alter the cellar or room so that its construction will no longer contravene the said subsection or condition or, if he so elects, to fill it in or otherwise make it unusable.4Sections 99 and 102 below apply in relation to a notice given under subsection (3) above, subject to the following modifications—asection 99(1) requires the notice to indicate the nature of the works of alteration and that of the works for making the cellar or room unusable, andbsection 99(2) authorises the local authority to execute, subject to that subsection, at their election either the works of alteration or the works for making the cellar or room unusable.5If the owner for the time being of the house, shop, inn, hotel or office causes or permits a cellar or room forming part of it to be used in a manner that he knows to be in contravention of a condition attached to a consent under this section, he is liable on summary conviction to a fine not exceeding level 1 on the standard scale.S. 74(2)(a) repealed (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 92, Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, art. 2(2) (with art. 4)S. 74(1) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 22 para. 5(1)S. 74(1) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 5(1)