1AProcedural requirements etc: general

1

Building regulations may make provision about the procedure that may or must be followed in relation to any work.

2

The regulations may in particular make provision for and in connection with—

a

the giving of notices;

b

the making of applications to building control authorities;

c

the giving or receipt of certificates;

d

requiring a prescribed person, in prescribed circumstances, to consult such other person as may be prescribed.

3

The regulations may—

a

confer on a building control authority a power to require a person to notify the authority of specified matters by the specified time;

b

provide that in prescribed circumstances an application is treated as granted or is treated as refused;

c

make provision about the effect of the grant of an application;

d

make provision about the effect of certificates;

e

require a person consulted to give a substantive response to the consultation before the end of a prescribed period.

4

In sub-paragraph (3)(a) “specified” means specified by the building control authority.

1BApplications for building control approval

1

Building regulations may in particular make provision for and in connection with applications for building control approval (including approval of changes to anything that has already been approved).

2

“Building control approval”—

a

in relation to any work, means the approval by the building control authority of—

i

plans of the work, and

ii

such other documents, relating to compliance with any provision of building regulations, as may be prescribed (or, in a case within sub-paragraph (5), as are provided to the authority);

b

in relation to a change to a relevant document, means the approval by the authority of the change.

3

Building regulations may—

a

confer on building control authorities a power, with the consent of the applicant—

i

to impose requirements (including in particular requirements of a kind mentioned in sub-paragraph (4)) when granting an application;

ii

to vary requirements;

b

make provision about the cases in which an application for approval of a change must be made (including provision conferring on building control authorities a power to specify the circumstances in which such an application must be made).

4

The requirements referred to in sub-paragraph (3)(a) are—

a

a requirement relating to the provision of a revised version of a specified relevant document;

b

a requirement that the work does not proceed beyond a specified stage unless a specified relevant document has been given to, and approved by, the building control authority.

5

Building regulations may provide that in prescribed cases—

a

an application may be made to the authority for approval of the plans and such other relevant documents as the applicant considers appropriate, and

b

the authority may refuse the application if the applicant does not, on request, provide it with a specified relevant document.

6

In this paragraph—

a

“relevant document” means—

i

the plans mentioned in sub-paragraph (2)(a)(i), or

ii

a document prescribed for the purposes of sub-paragraph (2)(a)(ii);

b

“specified” means specified by the building control authority;

c

a reference to a change to a document includes the replacement of it.

1CCertificates: approved schemes

1

Building regulations may in particular make provision for and in connection with certificates that are given—

a

by a member of a scheme that is approved,

b

in accordance with the scheme, and

c

in accordance with any prescribed requirement relating to the provision of insurance cover in respect of work to which the certificate relates.

2

Building regulations may make provision for and in connection with—

a

the approval of schemes by the appropriate national authority or a person designated by that authority;

b

the suspension or withdrawal of approvals (including provision about appeals to the appropriate court or tribunal against the suspension or withdrawal of approvals).

3

The regulations may in particular provide that a scheme may be approved (and may remain approved) only if prescribed requirements relating to the provision of insurance cover are complied with.

4

The regulations may provide—

a

that an approval has effect for a particular period (including a period specified in the approval), or

b

that an approval has effect until it is suspended or withdrawn.

5

The requirements relating to insurance cover that may be prescribed include in particular a requirement that insurance cover is provided through a scheme of insurance approved by the appropriate national authority or a person designated by that authority.

1DObtaining, keeping and giving information and documents

1

Building regulations may, in relation to any work, make provision about—

a

obtaining information or documents;

b

creating documents;

c

keeping information or documents;

d

giving information or documents.

2

The regulations may in particular—

a

provide that information or documents must be given or kept in accordance with prescribed standards;

b

impose requirements as regards keeping information or documents up to date;

c

confer on building control authorities or other prescribed persons a power, in prescribed circumstances, to require a person to give information to them.

3

Where building regulations provide that any information or document must be given, they may make provision about the admissibility in any criminal proceedings of the information or document.

1EReporting requirements: duty to establish and operate system

1

This paragraph applies where building regulations made by virtue of paragraph 1D require a person to give information—

a

in relation to work in England, to the regulator;

b

in relation to work in Wales, to the building control authority.

2

For the purpose of facilitating and securing compliance with any such requirement, the regulations may—

a

require a prescribed person to establish and operate a system for the giving of prescribed information to such person as may be prescribed, and

b

make provision about such systems.

1FForm and content of documents etc

1

Where building regulations provide that any document must or may be given, they may make provision about—

a

the form and content of the document;

b

the information and other documents that must accompany it;

c

the way in which the document, and anything that is to accompany it, is to be given.

2

Where building regulations provide that any information must or may be given, they may make provision about the way in which it is to be given.

3

Building regulations may provide that any of the matters mentioned in paragraphs (a) to (c) of sub-paragraph (1), or in sub-paragraph (2), are to be specified in a direction made and published in accordance with the regulations.

4

Building regulations may provide that—

a

a prescribed application must be accompanied by such prescribed documents as the applicant considers appropriate, and

b

the building control authority may refuse the application if the applicant does not, on request, provide it with a document of a kind prescribed for the purposes of paragraph (a) in relation to the application.

1GInspection, testing etc

1

Building regulations may make provision for and in connection with—

a

the inspection and testing of work;

b

the inspection and testing of buildings;

c

the inspection and testing of services, fittings and equipment provided in connection with buildings;

d

the taking of samples.

2

The regulations may in particular—

a

prohibit the covering up of any work, for a prescribed period after a prescribed or specified event;

b

provide for the cutting into or laying open of any work or building, or the pulling down of any work.

3

In sub-paragraph (2)(a) “specified” means specified by the building control authority.

1HApplications to building control authorities: extension of period by agreement

Building regulations may provide that any prescribed period for the doing of a thing by a building control authority in connection with an application made to it may be extended by agreement between the authority and the applicant.

1IAppeals

1

Building regulations may make provision for and in connection with appeals against decisions made under, or under an instrument made under, Part 1, 2 or 2A of this Act.

2

The regulations may confer, in respect of a prescribed decision—

a

in relation to England—

i

a right to appeal to the regulator or the tribunal, and

ii

in the case of an appeal to the regulator, a right of appeal to the tribunal against the decision of the regulator made on appeal;

b

in relation to Wales—

i

a right to appeal to the Welsh Ministers or a magistrates’ court, and

ii

in the case of an appeal to the Welsh Ministers, a right of appeal to a magistrates’ court or a right of appeal to the High Court, against the decision of the Welsh Ministers made on appeal.

3

The provision that may be made in connection with appeals includes provision about a right of appeal conferred by Part 1, 2 or 2A.

4

The regulations may in particular make provision about—

a

the grounds upon which an appeal may be made;

b

the period within which an appeal must be made;

c

the way in which any appeal is to be made;

d

the powers of the court, tribunal or other person determining the appeal (including provision conferring a power to give directions and, in the case of the regulator or Welsh Ministers, powers in respect of costs).

5

In respect of appeals to the regulator or the Welsh Ministers, the regulations may make provision about procedural matters (including provision conferring a discretion as to the procedure to be adopted).

6

In respect of appeals to the Welsh Ministers, the regulations may in particular make provision for and in connection with the Welsh Ministers appointing a person to determine the appeal (including provision conferring functions on that person and providing that their decision is treated as the decision of the Welsh Ministers).