C1C2C3C4C7C11C9C10 Part I Building Regulations
Pt. 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.7P
Pt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))
Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8
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. 3
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. 1
Pt. 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))
Relaxation of building regulations
8 Relaxation of building regulations.
C5C6C81
Subject to this section, the F3appropriate national authority, if on an application for a direction under this section F2it considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, may after consultation with the local authority, give a direction dispensing with or relaxing that requirement.
C6C82
If building regulations so provide as regards a requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) above is exercisable by the local authority (instead of by the F3appropriate national authority after consultation with the local authority).
C6C83
Building regulations made by virtue of subsection (2) above may except applications of any description.
F13A
If, in a case where the regulator is the building control authority—
a
an application for a direction under this section is made to the regulator, and
b
the regulator considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case,
it may give a direction dispensing with or relaxing the requirement.
3B
No application under subsection (1) or (2) may be made in a case where the regulator is the building control authority.
C6C84
If—
a
building regulations so provide as regards any requirement contained in the regulations, and
b
a public body considers that the operation of any such requirement would be unreasonable in relation to any particular work carried out or proposed to be carried out by or on behalf of the public body,
the public body may give a direction dispensing with or relaxing that requirement.
C6C85
In subsection (4) above, “public body” means—
a
a local authority.
b
a county council, or
c
any other body that is prescribed for the purposes of section 5 above.
6
Building regulations may provide as regards a requirement contained in the regulations that subsections (1) to (5) above do not apply.
Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2