Building Safety Act 2022

Prohibitions on development and building control E+W

128 Prohibition on development for prescribed persons E+W

(1) The Secretary of State may by regulations prohibit a person of a prescribed description from carrying out development of land in England (or a prescribed description of such development).

(2) The descriptions of persons which may be prescribed include in particular persons who—

(a) are eligible to be members of a scheme established under section 126, and

(b) are not members of that scheme.

(3) A prohibition under the regulations may be imposed for any purpose connected with—

(a) securing the safety of people in or about buildings in relation to risks arising from buildings, or

(b) improving the standard of buildings,

including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.

(4) A prohibition under the regulations applies despite planning permission (or any prescribed description of planning permission) having been granted.

(5) The regulations may provide that, in prescribed cases, no prescribed certificate under the 1990 Act may be granted (and any purported grant is of no effect).

(6) The regulations may require a person of a prescribed description to give a notification relating to development (and may make provision about the content and form of a notification and the way in which it is to be given).

(7) The regulations may contain exceptions.

(8) The regulations may make provision about enforcement, including in particular provision applying (with or without modifications), in relation to a breach of the regulations, any provision of Part 7 of the 1990 Act (enforcement).

(9) For the purposes of this section—

(a) “the 1990 Act” means the Town and Country Planning Act 1990;

(b) “building” means a building in England;

(c) “development” has the meaning given by section 55 of the 1990 Act;

(d) “planning permission” has the meaning given by section 336 of the 1990 Act;

(e) “prescribed” means prescribed by regulations under this section;

(f) “standard” is to be read in accordance with section 30.

Commencement Information

I1 S. 128 not in force at Royal Assent, see s. 170(5)

I2 S. 128 in force at 1.9.2022 by S.I. 2022/927, reg. 2

129 Building control prohibitions E+W

(1) The Secretary of State may by regulations impose a building control prohibition, as regards buildings or proposed buildings, in relation to persons of a prescribed description.

(2) The descriptions of persons which may be prescribed include in particular persons who—

(a) are eligible to be members of a scheme established under section 126, and

(b) are not members of that scheme.

(3) A building control prohibition may be imposed for any purpose connected with—

(a) securing the safety of people in or about buildings in relation to risks arising from buildings, or

(b) improving the standard of buildings,

including securing that safety, or improving that standard, by securing that persons in the building industry remedy defects in buildings or contribute to costs associated with remedying defects in buildings.

(4) A “building control prohibition”, in relation to a person, prohibits—

(a) the person from applying for building control approval or from depositing plans,

(b) the person from giving an initial notice (whether or not jointly with anyone else) or a public body’s notice, public body’s plans certificate or public body’s final certificate,

(c) the granting of building control approval to the person,

(d) the passing of plans deposited by the person,

(e) the acceptance of an initial notice given by the person (whether or not jointly with anyone else) or a public body’s notice, public body’s plans certificate or public body’s final certificate given by the person,

(f) the giving of a final certificate in relation to works carried out by the person,

(g) the person from giving a prescribed document,

(h) the giving of a prescribed document to the person or in respect of works carried out by the person, or

(i) the acceptance of any prescribed document given by the person or in respect of works carried out by the person.

(5) A building control prohibition applies despite any provision made by or under the Building Act 1984.

(6) The regulations may contain exceptions.

(7) The regulations may provide that anything done in contravention of the regulations is of no effect.

(8) Any reference in this section to a building or proposed building is to a building or proposed building in England.

(9) In this section—

• “building” and “building control approval”, and references to the deposit and passing of plans, are to be read in accordance with Part 1 of the Building Act 1984;

• “initial notice”, “final certificate”, “public body’s notice”, “public body’s plans certificate” and “public body’s final certificate” have the same meaning as in Part 2 of that Act;

• “prescribed” means prescribed by regulations under this section;

• “standard” is to be read in accordance with section 30.

Commencement Information

I3 S. 129 not in force at Royal Assent, see s. 170(5)

I4 S. 129 in force at 1.9.2022 by S.I. 2022/927, reg. 2