Modifications etc. (not altering text)
C1Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2
C2Pt. 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)
C3Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)
C4Pt. 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))
C5Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8
C6Pt. 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
C7Pt. 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
C8Pt. 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))
(1)Subject to this section, the [F1appropriate 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.
(2)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 [F1appropriate national authority] after consultation with the local authority).
(3)Building regulations made by virtue of subsection (2) above may except applications of any description.
[F3(3A)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.]
(4)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.
(5)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.
Textual Amendments
F1Words in s. 8 substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 11(2); S.I. 2022/561, reg. 3(f), Sch. para. 12; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 8
F2Word in s. 8(1) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 11(3); S.I. 2022/561, reg. 3(f), Sch. para. 12; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 8
F3S. 8(3A)(3B) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 11(4); S.I. 2023/993, reg. 2(n)(iv) (with reg. 4)
Modifications etc. (not altering text)
C9S. 8(1) modified (1.6.1992) by S.I. 1991/2768, reg. 10(1)
S. 8(1) modified (1.1.2001) by S.I. 2000/2531, reg. 11(1)
C10S. 8(1)-(5) excluded by S.I. 2000/2531, reg. 11(3) (as added (6.4.2006) by Building and Approved Inspectors (Amendment) Regulations 2006 (S.I. 2006/652), regs. 1(2), 9(2))
C11S. 8(1)-(5) excluded (1.10.2010) by S.I. 2010/2214, regs. 1, 11(3) (with reg. 9) (as substituted (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 4 (with reg. 1(2)(3))) (as amended (3.6.2013) by The Building (Amendment) Regulations 2013 (S.I. 2013/1105), regs. 1(2), 3(2) (with reg. 1(4)))