Building Act 1984

Part IE+W Building Regulations

Power to make building regulationsE+W

1 Power to make building regulations.E+W

(1)The [F1appropriate national authority] may, for any of the purposes of—

(a)securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings,

[F2(b)furthering the conservation of fuel and power,

(c)preventing waste, undue consumption, misuse or contamination of water,

(d)furthering the protection or enhancement of the environment,

(e)facilitating sustainable development, or

(f)furthering the prevention or detection of crime,]

make regulations with respect to the [F3matters mentioned in subsection (1A) below].

[F4(1A)Those matters are—

(a)the design and construction of buildings;

(b)the demolition of buildings;

(c)services, fittings and equipment provided in or in connection with buildings.]

(2)Regulations made under subsection (1) above are known as building regulations.

(3)Schedule 1 to this Act has effect with respect to the matters as to which building regulations may provide.

(4)The power to make building regulations is exercisable by statutory instrument, which is [F5—

(a)in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;

(b)in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.]

[F61ABuildings of special historical or architectural interestE+W

(1)In making building regulations the [F7appropriate national authority] shall have regard, in particular, to the desirability of preserving the character of protected buildings that are of special historical or architectural interest.

(2) In this section “ protected buildings ” means—

(a)listed buildings within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990 (see section 1(5) of that Act); and

(b)buildings situated in areas designated as conservation areas under section 69 of that Act.]

2 Continuing requirements.E+W

(1)Building regulations may impose on owners and occupiers of buildings to which building regulations are applicable such continuing requirements as the [F8appropriate national authority] considers appropriate for securing, with respect to any provision of building regulations designated in the regulations as a provision to which those requirements relate, that the purposes of that provision are not frustrated; but a continuing requirement imposed by virtue of this subsection does not apply in relation to a building unless a provision of building regulations so designated as one to which the requirement relates applies to that building.

(2)Building regulations may impose on owners and occupiers of buildings of a prescribed class (whenever erected, and whether or not any building regulations were applicable to them at the time of their erection) continuing requirements with respect to all or any of the following matters—

(a)the conditions subject to which any services, fittings or equipment provided in or in connection with a building of that class may be used,

(b)the inspection and maintenance of any services, fittings or equipment so provided,

(c)the making of reports to a prescribed authority on the condition of any services, fittings or equipment so provided,

and so much of paragraph 8 of Schedule 1 to this Act as restricts the application of building regulations does not apply to regulations made by virtue of this subsection.

(3)If a person contravenes a continuing requirement imposed by virtue of this section, the [F9local authority] [F9building control authority], without prejudice to their right to take proceedings for a fine in respect of the contravention, may—

(a)execute any work or take any other action required to remedy the contravention, and

(b)recover from that person the expenses reasonably incurred by them in so doing.

(4)Where a [F10local authority] [F10building control authority] have power under subsection (3) above to execute any work or take any other action, they may, instead of exercising that power, by notice require the owner or the occupier of the building to which the contravention referred to in that subsection relates to execute that work or take that action.

(5)Sections 99 and 102 below apply in relation to a notice given under subsection (4) above, subject to the modification that references in those sections to the execution of works are references to the execution of works or the taking of other action, and references to works shall be construed accordingly.

(6)Sections 8, 9, 10 and 39 below have effect in relation to continuing requirements imposed by virtue of this section subject to the modification that a direction under the said sections 8 and 9 below shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction.

[F112AContinuing requirements in relation to fuel, power and emissionsE+W

(1)Building regulations may impose, on owners and occupiers of buildings, continuing requirements that fall within subsection (2) below.

(2)A continuing requirement falls within this subsection if—

(a)it requires the inspection and testing of a building—

(i)as respects the use of fuel and power in or in connection with the building; or

(ii)as respects its contribution to or effect on emissions (whether or not from the building) of smoke, gases, vapours or fumes;

(b)it requires the inspection and testing of any service, fitting or equipment provided in or in connection with a building—

(i)as respects the use of fuel and power in or in connection with the service, fitting or equipment; or

(ii)as respects its contribution to or effect on emissions (whether or not from it or the building) of smoke, gases, vapours or fumes;

(c)it requires the implementation, in relation to a building, or any service, fitting or equipment provided in or in connection with a building, of—

(i)measures for the purpose mentioned in section 1(1)(b) above; or

(ii)measures (otherwise than for that purpose) that are calculated to secure, or to contribute to, the prevention or reduction of emissions (whether or not from the building in question or a thing provided in or in connection with it) of smoke, gases, vapours or fumes;

(d)it requires the keeping of records in relation to matters within paragraph (a), (b) or (c); or

(e)it requires the making of reports in relation to any of those matters to a prescribed authority.

(3)Those requirements may be imposed in the case of buildings, or in the case of services, fittings and equipment provided in or in connection with buildings, irrespective of both—

(a)when the buildings were erected; and

(b)whether building regulations were applicable to them at the time of their erection.

(4)Subsections (3) to (6) of section 2 above apply in relation to continuing requirements imposed by virtue of this section as they apply in relation to continuing requirements imposed by virtue of that section.

(5)Paragraph 8(2) of Schedule 1 to this Act does not impose any restriction on the building regulations that may be made by virtue of this section.]

[F122BOptional requirementsE+W

(1)Building regulations made by the Secretary of State in relation to England may include a requirement that applies only where a planning authority makes compliance with the requirement a condition of a grant of planning permission.

(2)In the following provisions of this section, a requirement included in building regulations by virtue of subsection (1) is referred to as an “optional requirement”.

(3)Building regulations may specify that an optional requirement is capable of applying only in respect of development of a kind described in the regulations.

(4)Building regulations may specify conditions that must be satisfied before a planning authority may make compliance with an optional requirement a condition of the grant of planning permission.

(5)Building regulations may specify the steps that a planning authority must take to inform a person subject to an optional requirement of the requirement.

(6)Where building regulations include an optional requirement that would (to any extent) be inconsistent with another requirement imposed by the regulations, the building regulations must provide—

(a)that the other requirement does not apply in any case where the optional requirement applies, or

(b)that the other requirement applies in any such case with modifications specified in the regulations.

(7)In this section —

• “development” has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act);

• “planning authority” means—

  (a)

  a local planning authority within the meaning of that Act (see section 336(1));

  (b)

  the Secretary of State (in the exercise of functions of granting planning permission);

• “planning permission” has the same meaning as in that Act (see section 336(1)).]

[F13Duty to review minimum energy performance requirementsE+W

2CReview of minimum energy performance requirementsE+W

The Secretary of State must carry out a review of any minimum energy performance requirements approved by the Secretary of State under building regulations in relation to dwellings in England.]

Exemption from building regulationsE+W

3 Exemption of particular classes of buildings etc.E+W

(1)Building regulations may exempt a prescribed class of buildings, services, fittings or equipment from all or any of the provisions of building regulations.

(2)The [F14appropriate national authority] may by direction exempt from all or any of the provisions of building regulations—

(a)a particular building, or

(b)buildings of a particular class at a particular location,

either unconditionally or subject to compliance with any conditions specified in the direction.

[F15(2A)The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under subsection (2).

(2B)Before making a proposal, the regulator must consult such persons as it considers appropriate.

(2C)Before giving a direction under subsection (2), other than a direction proposed by the regulator, the Secretary of State must consult—

(a)the regulator, and

(b)any other person that the Secretary of State considers appropriate.]

(3)A person who contravenes a condition specified in a direction given under subsection (2) above, or permits such a condition to be contravened, is liable on summary conviction to a fine [F16not exceeding level 5 on the standard scale], and to a further fine not exceeding [F17£50] [F17level 1 on the standard scale] for each day on which the offence continues after he is convicted.

4Exemption of educational buildings and buildings of statutory undertakers.E+W

(1)Nothing in this Part of this Act with respect to building regulations, and nothing in any building regulations, applies in relation to—

(a)a building required for the purposes of a school or other educational establishment erected or to be erected according to

[F18(i)plans that have been approved by the [F19appropriate national authority],

[F20(ii)particulars submitted and approved under regulations made under section 544 of the Education Act 1996,]

F21(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(b)a building belonging to statutory undertakers, the United Kingdom Atomic Energy Authority . . . F23 or the Civil Aviation Authority and held or used by them for the purposes of their undertaking, unless it is—

(i)a house, . . . F24 or

(ii)a building used as offices or showrooms, and not forming part of a railway station F25... F26...

(2)The words “the United Kingdom Atomic Energy Authority,” in subsection (1)(b) above (together with paragraph 4 of Schedule 6 to this Act) cease to have effect upon the coming into force of the repeal of section 5(5) of the M1Atomic Energy Authority Act 1954 contained in Schedule 7 to this Act.

5 Exemption of public bodies from procedural requirements of building regulations.E+W

(1)Building regulations may exempt—

(a)a local authority,

(b)a county council, or

(c)any other body that acts under an enactment for public purposes and not for its own profit and is prescribed for the purposes of this section,

from compliance with any requirements of those regulations that are not substantive requirements.

(2)A local authority, county council or other body that is exempted as mentioned in subsection (1) above is in subsection (3) below referred to as an “exempt body”.

(3)Without prejudice to the obligation of an exempt body to comply with substantive requirements of building regulations, the function of enforcing building regulations that is conferred on local authorities by section 91(2) below is not exercisable in relation to work carried out by an exempt body, and accordingly—

(a)nothing in section 36(1) to (5) below applies in relation to work so carried out, and

(b)a local authority may not institute proceedings under section 35 below for a contravention [F28of building regulations] by an exempt body.

[F29(3A)In relation to higher-risk building work in England—

(a)exemptions under subsection (1) have no effect (and accordingly bodies must comply with requirements applicable to such work, whether substantive or not), and

(b)subsection (3) has no effect (and accordingly the provisions mentioned in that subsection are not disapplied or otherwise affected by it in relation to such work).]

(4)[F30In subsection (3) above, the reference to the carrying out of work includes a reference to the making of a material change of use as defined by and for the purposes of building regulations.]

Approved documentsE+W

6 Approval of documents for purposes of building regulations.E+W

(1)For the purpose of providing practical guidance with respect to the requirements of any provision of building regulations, the [F31appropriate national authority] or a body designated by [F32the appropriate national authority] for the purposes of this section may—

(a)approve and issue any document (whether or not prepared by [F32the appropriate national authority] or by the body concerned), or

(b)approve any document issued or proposed to be issued otherwise than by [F32the appropriate national authority] or by the body concerned,

if in the opinion of the [F31appropriate national authority] or, as the case may be, the body concerned the document is suitable for that purpose.

(2)References in this section and section 7 below to a document include references to a part of a document; and accordingly, in relation to a document of which part only is approved, a reference in the following provisions of this section or in section 7 below to the approved document is a reference only to the part of it that is approved.

(3)An approval given under subsection (1) above takes effect in accordance with a notice that is issued by the [F31appropriate national authority] or, as the case may be, the body giving the approval and that—

(a)identifies the approved document in question,

(b)states the date on which the approval of it is to take effect, and

(c)specifies the provisions of building regulations for the purposes of which the document is approved.

(4)The [F31appropriate national authority] or, as the case may be, the body that gave the approval may—

(a)from time to time approve and issue a revision of the whole or any part of an approved document issued by F33... it for the purposes of this section, and

(b)approve any revision or proposed revision of the whole or any part of an approved document,

and subsection (3) above, with the necessary modifications, applies in relation to an approval that is given under this subsection to a revision as it applies in relation to an approval that is given under subsection (1) above to a document.

(5)The [F31appropriate national authority] or, as the case may be, the body that gave the approval may withdraw F34... its approval of a document under this section; and such a withdrawal of approval takes effect in accordance with a notice that is issued by the [F31appropriate national authority] or body concerned and that—

(a)identifies the approved document in question, and

(b)states the date on which the approval of it is to cease to have effect.

[F35(5A)A notice under subsection (3) or (5) may contain transitional or saving provision (and different provision may be made for different purposes or for different areas).

(5B)A body may give an approval under subsection (1) or (4), or withdraw an approval under subsection (5), only with the consent of the appropriate national authority.]

(6)References in subsections (4) and (5) above and in section 7 below to an approved document are references to that document as it has effect for the time being, regard being had to any revision of the whole or any part of it that has been approved under subsection (4) above.

(7)Where a body ceases to be a body designated by the [F31appropriate national authority] for the purposes of this section, subsections (4) and (5) above have effect as if any approval given by that body had been given by the Secretary of State.

(8)The power to designate a body for the purposes of this section is exercisable by order made by statutory instrument, which is [F36—

(a)in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament;

(b)in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru.]

[F37(9)An order under subsection (8) may provide that a body is designated only in relation to—

(a)buildings of a specified description;

(b)work of a specified description;

(c)specified provisions of building regulations.]

7 Compliance or non-compliance with approved documents.E+W

(1)A failure on the part of a person to comply with an approved document does not of itself render him liable to any civil or criminal proceedings; but if, in any proceedings whether civil or criminal, it is alleged that a person has at any time contravened a provision of building regulations—

(a)a failure to comply with a [F38relevant approved document] may be relied upon as tending to establish liability, and

(b)proof of compliance with such a document may be relied on as tending to negative liability.

[F39(1A)In subsection (1) “relevant approved document” means a document approved for the purposes of the provision that applies in relation to the work in question.]

(2)In any proceedings, whether civil or criminal—

(a)a document purporting to be a notice issued as mentioned in section 6(3) above shall be taken to be such a notice unless the contrary is proved, and

(b)a document that appears to the court [F40or tribunal] to be the approved document to which such a notice refers shall be taken to be that approved document unless the contrary is proved.

Relaxation of building regulationsE+W

8 Relaxation of building regulations.E+W

(1)Subject to this section, the [F41appropriate national authority], if on an application for a direction under this section [F42it] 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 [F41appropriate national authority] after consultation with the local authority).

(3)Building regulations made by virtue of subsection (2) above may except applications of any description.

[F43(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.

9 Application for relaxation.E+W

(1)An application under section 8(1) [F44or (2) above] [F44, (2) or (3A)] shall be in such form and shall contain such particulars as may be prescribed.

(2)[F45The application] [F45An application under section 8(1) or (2)] shall be made to the local authority, and, except where the power of giving the direction is exercisable by the local authority, the local authority shall at once transmit the application to the [F46appropriate national authority] and give notice to the applicant that it has been so transmitted.

(3)An application by a local authority in connection with a building or proposed building in the area of that authority shall be made to the [F46appropriate national authority], except where the power of giving the direction is exercisable by that authority [F47or in a case where the regulator is the building control authority.].

(4)Schedule 2 to this Act has effect as regards as application for a direction that will affect the application of building regulations to work that has been carried out before the making of the application.

10 Advertisement of proposal for relaxation of building regulations.E+W

(1)Not less than 21 days before giving a direction under section 8(1), (2) [F48, (3A)] or (4) above in respect of any particular work, the [F49appropriate national authority], the [F50local authority] [F50building control authority] or the public body, as the case may be shall publish in a local newspaper circulating in the area where the site of the work is situated a notice—

(a)indicating the situation and nature of the work and the requirement to be dispensed with or relaxed, and

(b)stating that representations with regard to the effect that the direction may have on public health or safety may be made by a date specified in the notice, being a date not less than 21 days from the date of the notice.

and, where the direction is proposed to be made on an application, the [F49appropriate national authority] or the [F50local authority] [F50building control authority] may, as a condition of entertaining the application, require the applicant to pay or undertake to pay the cost of publication.

(2)No notice need be published under the subsection (1) above where in appears to the [F51appropriate national authority], the [F52local authority] [F52building control authority] or the public body, as the case may be, that any effect that the direction may have on public health or safety will be limited to premises adjoining the site of the work, but in that case F53... it shall give such a notice to the owner and occupier of those premises.

(3)No notice need be published or given under subsection (1) or (2) above where the work affects only an internal part of a building.

(4)The [F54appropriate national authority] may, instead of F55... publishing or giving a notice under subsection (1) or (2) above, require the local authority to give or publish the notice.

(5)Before giving the direction, the [F56appropriate national authority], the [F57local authority] [F57building control authority] or the public body shall consider any representation duly made in pursuance of a notice published or given under subsection (1) or (2) above.

(6)If, after a local authority have received representations under this section, they refuse the application to which the representations relate and an appeal is brought against their refusal the local authority shall transmit [F58to the Secretary of State copies of those representations.] [F58copies of the representations to—

(a)the regulator, in the case of a local authority for an area in England;

(b)the Welsh Ministers, in the case of a local authority for an area in Wales.]

11 Type relaxation of building regulations.E+W

(1)If the [F59appropriate national authority] considers that the operation of a requirement of building regulations would be unreasonable in relation to a particular type of building matter, [F60the authority may, either on an application made by any person (the “original applicant”) or of its] own accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either—

(a)unconditionally, or

(b)subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation.

(2)A direction under subsection (1) above—

(a)if it so provides, ceases to have effect at the end of such period as may be specified in the direction,

(b)may [F61, either on an application or of the appropriate national authority’s own accord,] be varied or revoked by a subsequent direction of the [F62appropriate national authority].

(3)Building regulations may require a person making an application under subsection (1) [F63or (2)(b)] above to pay the [F64appropriate national authority] the prescribed fee, and—

(a)without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and

(b)the [F64appropriate national authority] may in a particular case remit the whole or part of a fee payable by virtue of this subsection.

[F65(3A)The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under this section.

(3B)Before making a proposal, the regulator must consult—

(a)such persons as it considers appropriate, and

(b)if the proposal is for a direction that would vary or revoke a direction given on an application under subsection (1), the original applicant.

(3C)Before giving a direction under this section, other than a direction proposed by the regulator, the Secretary of State must consult—

(a)the regulator,

(b)any other person the Secretary of State considers appropriate, and

(c)if the direction would vary or revoke a direction given on an application under subsection (1), the original applicant.]

(4)[F66Before giving a direction under subsection (1) above, the Secretary of State shall consult such bodies as appear to him to be representative of the interests concerned.]

[F66Before giving a direction under subsection (1) or (2)(b), the Welsh Ministers must consult such persons as they consider appropriate.]

(5)[F66Where the Secretary of State gives a direction under subsection (1) above, he shall publish notice of that fact in such manner as he thinks fit.]

[F66Where the appropriate national authority gives a direction under subsection (1) or (2)(b), it must publish notice of that fact in such way as it considers appropriate.]

(6)A person who contravenes a condition specified in a direction given under subsection (1) above, or permits such a condition to be contravened, is liable on summary conviction to a fine [F67not exceeding level 5 on the standard scale] and to a further fine not exceeding [F68£50] [F68level 1 on the standard scale] for each day on which the offence continues after he is convicted.

(7)If at any time a direction under subsection (1) above dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of subsection (2)(a) above, or is varied or revoked under subsection (2)(b) above, that fact does not affect the continued operation of the direction (with any conditions specified in it) in a case in which [F69before that time—

(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority F70...

F70(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F69an application for building control approval in relation to the proposed work was made before that time.]

(8)In this section, “building matter” means any building or other matter whatsoever to which building regulations are in any circumstances applicable.

Type approval of building matterE+W

12 Power of [F71appropriate national authority] to approve type of building matter.E+W

(1)This section has effect with a view to enabling the [F72appropriate national authority], either on an application made [F73by any person (the “original applicant”) or of its] own accord, to approve a particular type of building matter as complying, either generally or in a class of case, with particular requirements of building regulations.

(2)An application for the approval under subsection (1) above of a type of building matter shall comply with any requirements of building regulations as to the form of such applications and the particulars to be included in them.

(3)Where under subsection (1) above the [F74appropriate national authority] approves a type of building matter as complying with particular requirements of building regulations either generally or in a class of case, [F75it] may issue a certificate to that effect specifying—

(a)the type of building matter to which the certificate relates,

(b)the requirements of building regulations to which the certificate relates, and

(c)where applicable, the class or classes of case to which the certificate applies.

(4)A certificate under subsection (3) above, if it so provides, ceases to have effect at the end of such period as may be specified in the certificate.

(5)If, while a certificate under subsection (3) above is in force, it is found, in a particular case involving building matter of the type to which the certificate relates, that—

(a)the building matter in question is of that type, and

(b)the case is one to which the certificate applies,

that building matter shall in that particular case be deemed to comply with the requirements of building regulations to which the certificate relates.

(6)The [F76appropriate national authority] may vary a certificate under subsection (3) above, either on an application made to [F77it or of its own accord.]

(7)Building regulations may require a person making an application under subsection [F78(1) or (6) above] [F78(1), (6) or (8)] to pay the [F79appropriate national authority] the prescribed fee, and—

(a)without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and

(b)the [F79appropriate national authority] may in a particular case remit the whole or part of a fee payable by virtue of this subsection.

(8)The [F80appropriate national authority] may revoke a certificate issued under subsection (3) above, [F81but, before doing so in the case of a certificate issued on an application under subsection (1) above, he shall give the person on whose application the certificate was issued reasonable notice that he proposes to do so.] [F81either on an application or of the appropriate national authority’s own accord.]

[F82(8A)The regulator may at any time make a proposal to the Secretary of State for—

(a)the giving of an approval under subsection (1), or

(b)the varying or revocation of a certificate under subsection (6) or (8).

(8B)Before making a proposal, the regulator must consult—

(a)such persons as it considers appropriate, and

(b)if the proposal is to vary or revoke a certificate issued on an application under subsection (1), the original applicant.

(8C)Before giving an approval or varying or revoking a certificate under this section, unless acting on a proposal of the regulator, the Secretary of State must consult—

(a)the regulator,

(b)any other person the Secretary of State considers appropriate, and

(c)if varying or revoking a certificate issued on an application under subsection (1), the original applicant.

(8D)Before varying or revoking a certificate issued on an application under subsection (1), the Welsh Ministers must give the original applicant reasonable notice that they propose to do so (except in the case of a variation or revocation made on the application of that person).]

(9)Where the [F83appropriate national authority] issues a certificate under subsection (3) above or varies or revokes a certificate so issued, [F84it] shall publish notice of that fact in such manner as [F84it] thinks fit.

(10)If at any time a certificate under subsection (3) above ceases to have effect by virtue of subsection (4) above, or is varied or revoked under subsection (6) or (8) above, that fact does not affect the continued operation of subsection (5) above by virtue of that certificate in a case in which [F85before that time—

(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority, F86...

F86(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F85an application for building control approval in relation to the proposed work was made before that time.]

(11)For the purposes of subsection (3) above, or of any variation of a certificate under subsection (6) above, a class of case may be framed in any way that the [F87appropriate national authority] thinks fit.

(12)In this section, “building matter” has the same meaning as in section 11 above.

13 Delegation of power to approve.E+W

(1)The [F88appropriate national authority] may be building regulations delegate to a person or body, to such extent and subject to such conditions as the [F88appropriate national authority] may think fit, the powers of approval conferred F89... by section 12 above.

(2)So far as those powers are for the time being so delegated to a person or body, section 12 above, except subsection (7) as far as the end of paragraph (a), and any building regulations made by virtue of subsection (7) shall (subject to any prescribed conditions) have effect in relation to that person or body with the substitution of references to that person or body for references to the [F88appropriate national authority].

ConsultationE+W

14 Consultation with Building Regulations Advisory Committee and other bodies [F90: Wales] E+W

F91(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F92(5)The Welsh Ministers shall appoint a committee, to be known as the Building Regulations Advisory Committee for Wales, for the purpose of advising them on the exercise of their power to make building regulations, and on other subjects connected with building regulations.

(6)The Welsh Ministers may pay such expenses incurred by members of the Building Regulations Advisory Committee for Wales as the Welsh Ministers may determine.

(7)Before making any building regulations containing substantive requirements, the Welsh Ministers shall consult the Building Regulations Advisory Committee for Wales and [F93any other person that the Welsh Ministers consider appropriate.]

(8)Before making any building regulations containing provision of the kind authorised by paragraph 11(1)(c) of Schedule 1 to this Act, the Welsh Ministers shall consult—

(a)the Building Regulations Advisory Committee for Wales,

(b)such [F94persons] as appear to them to be representative of local authorities in Wales, and]

[F95(c)any other person that the Welsh Ministers consider appropriate.]

15 Consultation with fire authority.E+W

(1)Where, in the case of a requirement as to—

(a)structural fire precautions,

(b)the provision of means of escape from buildings in case of fire, or

(c)the provision of means for securing that such means of escape can be safely and effectively used at all material times,

contained in building regulations, the power to dispense with or relax that requirement conferred by section 8(1) above is by virtue of section 8(2) above exercisable by a local authority, or a public body proposes to exercise the power conferred on it by section 8(4) above, the local authority or public body, if they are not the [F96fire and rescue authority], shall before exercising the power in relation to any premises or proposed premises consult the [F96fire and rescue authority].

(2)In subsection (1) above, “public body” has the meaning given by section 8(5) above.

[F97(3)As regards a requirement of a kind mentioned in subsection (1), the regulator must consult the fire and rescue authority before exercising the power under section 8(3A) in relation to any premises or proposed premises.]

[F98 Passing of plans][F98Building control approval]E+W

16 Passing or rejection of plans.E+W

[F99(1)Where plans of any proposed work are, in accordance with building regulations, deposited with a local authority, it is the duty of the local authority, subject to any other section of this Act that expressly requires or authorises them in certain cases to reject plans, to pass the plans unless—

(a)they are defective, or

(b)they show that the proposed work would contravene any of the building regulations.

(2)If the plans—

(a)are defective, or

(b)show that the proposed work would contravene any of the building regulations,

the local authority may—

(i)reject the plans, or

(ii)subject to subsection (4) below, pass them subject to either or both of the conditions set out in subsection (3) below.

(3)The conditions mentioned in subsection (2) above are—

(a)that such modifications as the local authority may specify shall be made in the deposited plans, and

(b)that such further plans as they may specify shall be deposited.

(4)A local authority may only pass plans subject to a condition such as is specified in subsection (3) above if the person by whom or on whose behalf they were deposited—

(a)has requested them to do so, or

(b)has consented to their doing so.

(5)A request or consent under subsection (4) above shall be in writing.

(6)The authority shall within the relevant period from the deposit of the plans give notice to the person by whom or on whose behalf they were deposited whether they have been passed or rejected.

(7)A notice that plans have been rejected shall specify the defects on account of which, or the regulation or section of this Act for non-conformity with which, or under the authority of which, they have been rejected.

(8)A notice that plans have been passed shall—

(a)specify any condition subject to which they have been passed, and

(b)state that the passing of the plans operates as an approval of them only for the purposes of the requirements of—

(i)the building regulations, and

(ii)any section of this Act (other than this section) that expressly requires or authorises the local authority in certain cases to reject plans.

(9)Where the deposited plans are accompanied by—

(a)a certificate given by a person approved for the purposes of this subsection to the effect that the proposed work, if carried out in accordance with the deposited plans, will comply with such provisions of the regulations prescribed for the purposes of this subsection as may be specified in the certificate, and

(b)such evidence as may be prescribed that an approved scheme applies, or the prescribed insurance cover has been or will be provided, in relation to the certificate,

the local authority may not, except in prescribed circumstances, reject the plans on the ground that—

(i)they are defective with respect to any provisions of the building regulations that are so specified, or

(ii)they show that the proposed work would contravene any of those provisions.

(10)In any case where a question arises under this section between a local authority and a person who proposes to carry out any work—

(a)whether plans of the proposed work are in conformity with building regulations, or

(b)whether the local authority are prohibited from rejecting plans of the proposed work by virtue of subsection (9) above,

that person may refer the question to the Secretary of State for his determination; and an application for a reference under this subsection shall be accompanied by such fee as may be prescribed.

(11)Where—

(a)deposited plans accompanied by such a certificate and such evidence as are mentioned in subsection (9) above are passed by the local authority, or

(b)notice of the rejection of deposited plans so accompanied is not given within the relevant period from the deposit of the plans,

the authority may not institute proceedings under section 35 below for a contravention of building regulations that—

(i)arises out of the carrying out of the proposed work in accordance with the plans, and

(ii)is a contravention of any of the provisions of the regulations specified in the certificate.

(12)For the purposes of this Part of this Act, “the relevant period”, in relation to the passing or rejection of plans, means five weeks or such extended period (expiring not later than two months from the deposit of the plans) as may before the expiration of the five weeks be agreed in writing between the person depositing the plans and the local authority.

F100(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

17 Approval of persons to give certificates etc.E+W

[F101(1)Building regulations may make provision for the approval of persons for the purposes of section 16(9) above—

(a)by the Secretary of State, or

(b)by a body (corporate or unincorporated) that, in accordance with the regulations is designated by the Secretary of State for the purpose,

and any such approval may limit the description of work, or the provisions of the regulations, in relation to which the person concerned is so approved.

(2)Any such designation as is referred to in paragraph (b) of subsection (1) above may limit the cases in which and the terms on which the body designated may approve a person and, in particular, may provide that any approval given by the body shall be limited as mentioned in that subsection.

(3)There shall be paid on an application for any such approval as is referred to in subsection (1) above—

(a)where the application is made to the Secretary of State, such fee as may be prescribed,

(b)where the application is made to a body designated by him as mentioned in that subsection, such fee as that body may determine.

(4)The Secretary of State may approve for the purposes of section 16(9)

above any scheme that appears to him to secure the provision of adequate insurance cover in relation to any certificate that is given under paragraph (a) of that subsection and is a certificate to which the scheme applies.

(5)Building regulations may prescribe, for the purposes of section 16(9)

above the insurance cover that is to be provided in relation to any certificate that is given under paragraph (a) of that subsection and is not a certificate to which an approved scheme applies and may, in particular, prescribe the form and content of policies of insurance.

(6)Building regulations may—

(a)contain provision prescribing the period for which, subject to any provision made by virtue of paragraph (b) or (c) below, any such approval as is referred to in subsection (1) above continues in force,

(b)contain provision precluding the giving of, or requiring the withdrawal of, any such approval as is referred to in subsection (1) above in such circumstances as may be prescribed,

(c)contain provision authorising the withdrawal of any such approval or designation as is referred to in subsection (1) above,

(d)provide for the maintenance by the Secretary of State of a list of bodies that are for the time being designated by him as mentioned in subsection (1) above and for the maintenance by the Secretary of State and by each designated body of a list of persons for the being time approved by him or them as mentioned in that subsection,

(e)make provision for the supply to local authorities of copies of any list of approved persons maintained by virtue of paragraph (d) above and for such copy lists to be made available for inspection, and

(f)make provision for the supply, on payment of a prescribed fee, of a certified copy of any entry in a list maintained by virtue of paragraph (d) above or in a copy list held by a local authority by virtue of paragraph (e) above.

(7)Unless the contrary is proved, in any proceedings (whether civil or criminal) a document that appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (6)(d) above or in a copy of such a list supplied as mentioned in subsection (6)(e) above—

(a)is presumed to be a true copy if an entry in the current list is maintained, and

(b)is evidence of the matters stated in it.]

F10218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

19 Use of short-lived materials.E+W

(1)[F103Where plans of a building are, in accordance with building regulations, deposited with a local authority, and the plans show] [F103Where an application for building control approval in respect of a proposed building is made to a building control authority, and it appears] that it is proposed to construct a building of materials to which this section applies, or to place or assemble on the site a building constructed of such materials, the authority may, notwithstanding that the [F104plans conform] [F104application conforms] with the regulations—

(a)reject [F105the plans] [F105the application], or

(b)in [F106passing the plans] [F106granting the application]—

(i)fix a period on the expiration of which the building must be removed, and

(ii)impose with respect to the use of the building such reasonable conditions, if any, as having regard to the nature of the materials used in its construction they deem appropriate,

but no condition shall be imposed that conflicts with any condition imposed on the grant of planning permission for that building under Part III of [F107the Town and Country Planning Act 1990].

(2)If a building in respect of which [F108plans ought under the building regulations to have been deposited, but have not been deposited,] [F108an application for building control approval ought to have been made but was not made] appears to the authority to be constructed of such materials as aforesaid, the authority, without prejudice to their right to take proceedings in respect of any contravention of the regulations, may—

(a)fix a period on the expiration of which the building must be removed, and

(b)if they think fit, impose such conditions with respect to the use of the building as might have been imposed under subsection (1) above upon the [F109passing of plans for the building] [F109granting of such an application].

and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the building.

(3)A [F110local authority] [F110building control authority] may from time to time extend any period fixed, or vary any conditions imposed, under this section; but, unless an application in that behalf is made to them by the owner of the building in question, they shall not exercise their power of varying conditions except when granting an extension, or further extension, of the period fixed with respect to the building.

(4)A person aggrieved by the action of a [F110local authority] [F110building control authority] under this section in rejecting [F111plans] [F111an application], or in fixing or refusing to extend any period, or in imposing or refusing to vary any conditions, may appeal to [F112a magistrates’ court] [F112the appropriate court or tribunal].

(5)The owner of a building in respect of which a period has been fixed under this section shall, on the expiration of that period, or, as the case may be, of that period as extended, remove the building, and, if he fails to do so—

(a)the [F110local authority] [F110building control authority] shall remove it and may recover from him the expenses reasonably incurred by them in so doing, and

(b)without prejudice to the right of the authority to exercise that power, he is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £5 for each day during which the building is allowed to remain after he is convicted.

(6)A person who uses a building in contravention of a condition imposed under this section, or who permits a building to be so used, is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £5 for each day on which the offence continues after he is convicted.

(7)Building regulations may provide that this section applies to any materials specified in the regulations as being materials that are, in the absence of special care, liable to rapid deterioration, or are otherwise unsuitable for use in the construction of permanent buildings.

(8)This section applies in relation to an extension of an existing building as it applies in relation to a new building.

(9)This section ceases to have effect upon the coming into force of section 20 below (which supersedes it).

21Provision of drainage.E+W

F130(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F130(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any question arising under subsection [F131(4) below]between a [F132local authority] [F132building control authority] and the person by whom, or on whose behalf, [F133plans are deposited] [F133an application for building control approval is made] as to [F134whether a proposed drain shall be required to connect with a sewer] may on the application of that person be determined by [F135a magistrates’ court] [F135the appropriate court or tribunal].

(4)[F136Where [F137plans of a building or of an extension of a building are, in accordance with building regulations, deposited with] [F137an application for building control approval in respect of a building or an extension of a building is made to] a [F132local authority] [F132building control authority], the [F132local authority] [F132building control authority], or on appeal [F138a magistrates’ court] [F138the appropriate court or tribunal], may require a proposed drain to connect with a sewer where]—

(a)that sewer is within one hundred feet of the site of the building or, in the case of an extension, the site either of the extension or of the original building, and is at a level that makes it reasonably practicable to construct a drain to communicate with it, and, if it is not a public sewer, is a sewer that the person constructing the drain is entitled to use, and

(b)the intervening land is land through which that person is entitled to construct a drain.

(5)Notwithstanding paragraph (a) of subsection (4) above, a drain may be required to be made to connect with a sewer that is not within the distance mentioned in that paragraph, but is otherwise such a sewer as is therein mentioned, if the authority undertake to bear so much of the expenses reasonably incurred in constructing, and in maintaining and repairing, the drain as may be attributable to the fact that the distance of the sewer exceeds the distance so mentioned.

(6)If any question arises as to the amount of a payment to be made to a person under subsection (5) above, that question may on his application be determined by [F139a magistrates’ court] [F139the appropriate court or tribunal], or he may require it to be referred to arbitration.

[F140(7)This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage).]

22 Drainage of buildings in combination.E+W

(1)Where—

(a)a [F141local authority] [F141building control authority] might under section 21 above require each of two or more buildings to be drained separately into an existing sewer, but

(b)it appears to the authority that those buildings may be drained more economically or advantageously in combination,

the authority may, when the drains of the buildings are first laid, require that the buildings be drained in combination into the existing sewer by means of a private sewer to be constructed either by the owners of the buildings in such manner as the authority may direct or, if the authority so elect, by the authority on behalf of the owners.

(2)A [F141local authority] [F141building control authority] shall not, except by agreement with the owners concerned, exercise the power conferred by subsection (1) above in respect of any building [F142for whose drainage plans have been previously passed by them.] [F142if building control approval has been given in respect of work comprising drainage for the building.]

(3)A [F141local authority] [F141building control authority] who make such a requirement as aforesaid shall fix—

(a)the proportions in which the expenses of constructing, and of maintaining and repairing, the private sewer are to be borne by the owners concerned, or

(b)in a case in which the distance of the existing sewer from the site of any of the buildings in question is or exceeds one hundred feet, the proportions in which those expenses are to be borne by the owners concerned and the [F141local authority] [F141building control authority],

and shall forthwith give notice of their decision to each owner affected.

(4)An owner aggrieved by the decision of a [F141local authority] [F141building control authority] under subsection (3) above may appeal to [F143a magistrates’ court] [F143the appropriate court or tribunal].

(5)Subject to any such appeal—

(a)any expenses reasonably incurred in constructing, or in maintaining or repairing, the private sewer shall be borne in the proportions so fixed, and

(b)those expenses, or, as the case may be, contributions to them, may be recovered accordingly by the persons, whether the [F141local authority] [F141building control authority] or the owners, by whom they were incurred in the first instance.

(6)A sewer constructed by a [F141local authority] [F141building control authority] under this section is not deemed a public sewer by reason of the fact that the expenses of its construction are in the first instance defrayed by the authority, or that some part of those expenses is borne by them.

23 Provision of facilities for refuse.E+W

(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144

(3)It is unlawful for any person except with the consent of the [F145local authority] [F145building control authority] to close or obstruct the means of access by which refuse or faecal matter is removed from a building, and the [F145local authority] [F145building control authority] in giving their consent may impose such conditions as they think fit with respect to the improvement of an alternative means of access or the substitution of other means of access.

(4)A person who contravenes subsection (3) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

24 Provision of exits etc.E+W

(1)Where—

(a)[F146plans of a building or of an extension of a building are, in accordance with building regulations, deposited with] [F146an application for building control approval in respect of a building or an extension of a building is made to] a [F147local authority] [F147building control authority], and

(b)the building or, as the case may be, the building as extended will be a building to which this section applies,

the authority shall reject the [F148plans] [F148application] unless they show that the building, or, as the case may be, the building as extended, will be provided with such means of ingress and egress and passages or gangways as the authority, after consultation with the [F149fire and rescue authority], deem satisfactory, regard being had to the purposes for which the building is intended to be, or is, used and the number of persons likely to resort to it at any one time.

(2)Any question arising under subsection (1) above between a [F147local authority] [F147building control authority] and the person by whom, or on whose behalf, [F150plans are deposited] [F150an application for building control approval is made] as to whether the means of incress or egress or passages or gangways already existing, or proposed to be provided, ought to be accepted by the authority as satisfactory may on the application of that person be determined by [F151a magistrates’ court] [F151the appropriate court or tribunal].

(3)Where building regulations imposing requirements as to the provision of means of escape in case of fire are applicable to a proposed building or proposed extension of a building, or would be so applicable but for a direction under section 8 above dispensing with such requirements—

(a)this section, and

(b)any provision of a local Act that has effect in place of this section,

does not apply in relation to the proposed building or extension.

(4)Subject to subsection (3) above, this section applies to—

(a)a theatre, and a hall or other building that is used as a place of public resort,

(b)a restaurant, shop, store or warehouse to which members of the public are admitted and in which more than twenty persons are employed,

[F152(c)premises in respect of which a club premises certificate has effect under the Licensing Act 2003,]

(d)a school not exempted from the operation of building regulations, and

(e)a church, chapel or other place of public worship

but not—

(i)a private house to which members of the public are admitted occasionally or exceptionally,

(ii)a building that was used as a church, chapel or other place of public worship immediately before the date on which section 36 of the M2Public Health Acts Amendment Act 1890, or a corresponding provision in a local Act, came into operation in the district or rating district, or

(iii)a building that was so used immediately before the 1st October 1937 (the date of commencement of the M3Public Health Act 1936) in a district or rating district where neither the said section 36 nor such a corresponding provision ever came into operation.

25 Provision of water supply.E+W

(1)Where [F153plans of a house are, in accordance with building regulations, deposited with] [F153an application for building control approval in respect of a house is made to] a [F154local authority] [F154building control authority], the authority shall reject [F155the plans] [F155the application] unless a proposal is put before them that appears to them to be satisfactory for providing the occupants of the house with a supply of wholesome water sufficient for their domestic purposes—

(a)by connecting the house to a supply of water in pipes provided by . . . F156 water undertakers,

(b)if in all the circumstances it is not reasonable to require the house to be connected as aforesaid, by otherwise taking water into the house by means of a pipe, or

(c)if in all the circumstances neither of the preceding alternatives can reasonably be required, by providing a supply of water within a reasonable distance of the house,

and the authority are satisfied that the proposal can and will be carried into effect.

(2)Any question arising under subsection (1) above between a [F154local authority] [F154building control authority] and the person by whom, or on whose behalf, [F157plans are deposited] [F157an application for building control approval is made] as to whether the [F154local authority] [F154building control authority] ought to [F158pass the plans] [F158grant the application] may on the application of that person be determined by [F159a magistrates’ court] [F159the appropriate court or tribunal].

(3)If, after any such [F160plans as aforesaid have been passed] [F160application has been granted], it appears to the [F154local authority] [F154building control authority] that the proposal for providing a supply of water—

(a)has not been carried into effect, or

(b)has not resulted in a supply of wholesome water sufficient for the domestic purposes of the occupants,

the authority shall give notice to the owner of the house prohibiting him from occupying it, or permitting it to be occupied, until the authority, being satisfied that such a supply has been provided, have granted him a certificate to that effect.

(4)Until a certificate is granted under subsection (3) above, the owner shall not occupy the house or permit it to be occupied.

(5)A person aggrieved by the refusal of the authority to grant such a certificate may apply to [F161a magistrates’ court] [F161the appropriate court or tribunal] for an order authorising the occupation of the house, and, if the court [F162or tribunal] is of opinion that a certificate ought to have been granted, the court [F162or tribunal] may make an order authorising the occupation of the house, and such an order shall have the like effect as a certificate of the [F154local authority] [F154building control authority].

(6)A person who contravenes subsection (4) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.

[F163(7)[F164Section 67 of the Water Industry Act 1991] (standards of wholesomeness of water) and any regulations made under that section shall apply for the purposes of subsection (1) above as they apply for the purposes of [F165Chapter III of Part III] of that Act.]

26–29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166E+W

Determination of questionsE+W

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F167E+W

[F168Determination by appropriate national authorityE+W

30ADetermination of certain applications by appropriate national authorityE+W

(1)This section applies where the building control authority fails to determine a prescribed application relating to higher-risk building work (“the original application”) within the relevant period.

(2)The applicant may apply to the appropriate national authority for the original application to be determined by that authority.

(3)An application under this section may be made only—

(a)before the end of the prescribed period, and 

(b)if the building control authority has not determined the original application.

(4)The building control authority may not determine the original application at any time after the making of an application under this section.

(5)Building regulations may make provision about applications under this section, including in particular provision—

(a)about the making of such applications;

(b)requiring an applicant to notify the building control authority of the making of an application;

(c)imposing duties on the building control authority in cases where an application is made;

(d)for and in connection with the appropriate national authority appointing a person to determine the original application (including provision conferring functions on that person and providing that their decision is treated as the decision of the appropriate national authority);

(e)about the procedure to be adopted in connection with the determination of the original application.

(6)The provision that may be made by virtue of subsection (5)(a) includes provision about—

(a)the form and content of applications;

(b)the information and documents that are to accompany an application;

(c)the way in which an application, and anything that is to accompany it, is to be given.

(7)For the purposes of determining the original application by virtue of this section, this Act and building regulations apply in relation to the appropriate national authority (and any person appointed by virtue of subsection (5)(d)) as they apply in relation to the building control authority.

(8)The applicant may appeal to—

(a)the tribunal, against a decision of the Secretary of State made under this section;

(b)a magistrates’ court, against a decision of the Welsh Ministers made under this section.

(9)In this section “the relevant period” means—

(a)the period provided by building regulations as the period within which the building control authority is to make the decision, or

(b)if the regulations provide that that period may be extended by agreement between the applicant and the building control authority and such an agreement is made, the agreed period.]

[F169Proposed departure from plans]E+W

31[F169 Proposed departure from plans.]E+W

[F169(1)Where plans of any proposed work have been passed under section 16 above by a local authority, the person by or on whose behalf the plans were in accordance with building regulations deposited with the authority may, and in such cases as may be prescribed shall, for the purpose of obtaining the approval of the authority to any proposed departure or deviation from the plans as passed, deposit plans of the departure or deviation.

(2)Section 16 above applies in relation to plans deposited under subsection (1) above as it applies in relation to the plans originally deposited.]

Lapse of [F170deposit of plans] [F170building control approval] E+W

32 [F171Lapse of deposit of plans.][F171Lapse of building control approval]E+W

[F171(1)Where plans of any proposed work have, in accordance with building regulations, been deposited with a local authority, and—

(a)the plans have been passed by the authority, or

(b)notice of rejection of the plans has not been given within the relevant period from their deposit,

and the work to which the plans relate has not been commenced within three years from the deposit of the plans, the local authority may, at any time before the work is commenced, by notice to the person by whom or on whose behalf the plans were deposited, or other the owner for the time being of the land to which the plans relate, declare that the deposit of the plans is of no effect.

(2)Where a notice has been given under subsection (1) above, this Act and the building regulations shall, as respects the proposed work, have effect as if no plans had been deposited.]

[F171(1)This section applies where—

(a)an application for building control approval in respect of any work is made on any day (“the relevant day”), and

(b)the application is granted.

(2)Where—

(a)the work relates to one building, and

(b)the work is not commenced within 3 years from the end of the relevant day,

the relevant provisions have effect as if the application had not been made (and the approval had not been given).

(3)Where—

(a)the work relates to more than one building, and

(b)the work relating to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day,

the relevant provisions have effect in relation to those buildings and the relevant work as if the application had not been made (and the approval had not been given).

(4)In subsection (1) the reference to an application for building control approval is to an application for approval of a kind mentioned in paragraph 1B(2)(a) of Schedule 1.

(5)In this section “the relevant provisions” means this Act and regulations made under it except the following provisions and any regulations made under them—

(a)sections 56, 56A, 56B and 91A (records and registers etc);

(b)section 105B (fees and charges).

(6)Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.]

Tests for conformity with building regulationsE+W

33 Tests for conformity with building regulations.E+W

(1)[F172The following subsection has effect for the purpose of enabling a local authority to ascertain, as regards any work or proposed work to which building regulations for the enforcement of which they are responsible are applicable, whether any provision of building regulations is or would be contravened by, or by anything done or proposed to be done in connected with, that work.]

[F172Where work to which building regulations are applicable is proposed or carried out, the building control authority has the powers under subsection (2) for the purpose of ascertaining whether any provision of building regulations is or would be contravened—

(a)by or in connection with the work, or

(b)in relation to the building that the work has been, is being or will be carried out on.]

(2)[F172The local authority have power for that purpose—

(a)to require a person by whom or on whose behalf the work was, is being or is proposed to be done to carry out such reasonable tests of or in connection with the work as may be specified in the requirement, or

(b)themselves to carry out any reasonable tests of or in connection with the work, and to take any samples necessary to enable them to carry out such a test.]

[F172The powers are—

(a)to require a person by whom or on whose behalf the work was, is being, or is proposed to be done to carry out such reasonable tests of or in connection with the work, or in relation to the building, as may be specified in the requirement, or

(b)to carry out any reasonable tests of or in connection with the work, or in relation to the building, and to take any samples necessary to enable them to carry out such a test. ]

(3)Without prejudice to the generality of subsection (2) above, the matters with respect to which tests may be required or carried out under that subsection include—

(a)tests of the soil or subsoil of the site of a building,

(b)tests of any material, component or combination of components that has been, is being or is proposed to be used in the construction of a building, and tests of any service, fitting or equipment that has been, is being or is proposed to be provided in or in connection with a building.

[F173(3A)The tests that may be required or carried out under subsection (2) include in particular tests involving—

(a)the cutting into or laying open of any work or any building, and

(b)the pulling down of any work.]

(4)A [F174local authority] [F174building control authority] have power, for the purpose of ascertaining whether there is or has been, in the case of a building, a contravention of a continuing requirement that applies in relation to that building—

(a)to require the owner or occupier of the building to carry out such reasonable tests as may be specified in the requirement under this paragraph, or

(b)themselves to carry out any tests that they have power to require under paragraph (a) above, and to take any samples necessary to enable them to carry out such a test;

and in this subsection “continuing requirement” means a continuing requirement imposed by building regulations made by virtue of section 2(1) or (2) [F175or 2A] above.

(5)The expense of carrying out any tests that a person is required to carry out under this section shall be met by that person, except that the [F176local authority] [F176building control authority], on an application made to them, may, if they think it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the local authority.

(6)Any question arising under this section between a [F177local authority] [F177building control authority] and a person as to the reasonableness of—

(a)a test specified in a requirement imposed on him by the authority under this section,

(b)a refusal by the authority to give a direction under subsection (5) above on an application made by him, or

(c)a direction under that subsection given on such an application,

may on the application of that person be determined by [F178a magistrates’ court] [F178the appropriate court or tribunal]; and in a case falling within paragraph (b) or (c) above the court [F179or tribunal] may order the expense to which the application relates to be met by the [F177local authority] [F177building control authority] to such extent as the court [F179or tribunal] thinks just.

Classification of buildingsE+W

34 Classification of buildings.E+W

For the purposes of building regulations and of a direction given or instrument made with reference to building regulations, buildings may be classified by reference to size, description, design, purpose, location or any other characteristic whatsoever.

Breach of building regulationsE+W

35[F180 Penalty for contravening building regulations.][F180Offence of contravening building regulations etc]E+W

[F180If a person contravenes any provision contained in building regulations, other than a provision designated in the regulations as one to which this section does not apply, he is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50 for each day on which the default continues after he is convicted.]

[F180(1)A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.

(2)Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations.

(3)Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed.

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.]

[F18135ATime limit for prosecution for contravention of F182... building regulationsE+W

[F183(1)Despite anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43), an information relating to [F184an offence under section 35 above] may be tried by a magistrates' court if it is laid at any time—

(a)within the period of two years beginning with the day on which the offence was committed, and

(b)within the period of six months beginning with the relevant date.

F185(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F186(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1)(b) above, “ the relevant date ” means the date on which evidence sufficient to justify the proceedings comes to the knowledge of the person commencing the proceedings.

(5)In the case of proceedings commenced by a local authority—

(a)evidence is to be regarded for the purposes of subsection (4) above as sufficient to justify the proceedings if in the opinion of the proper officer or an authorised officer it is sufficient to justify the proceedings, and

(b)a certificate of the proper officer or, as the case may be, that authorised officer as to the date on which evidence which, in his opinion, was sufficient to justify the proceedings came to the knowledge of the person commencing the proceedings is to be conclusive evidence of that fact.

F187(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

[F188Notices in respect of contraventionsE+W

35BCompliance noticesE+W

(1)The building control authority may give a compliance notice to a person who appears to the authority to have contravened, be contravening or be likely to contravene—

(a)a relevant provision of building regulations, or

(b)a requirement imposed by virtue of such a provision.

(2)A “compliance notice” is—

(a)a notice requiring the recipient to take specified steps within a specified period, or

(b)a notice requiring the recipient to remedy the contravention or the matters giving rise to it within a specified period.

(3)A notice of a kind mentioned in subsection (2)(a) may specify any steps relating to—

(a)the remedying of the contravention, or

(b)avoiding the contravention occurring.

(4)A person who, without reasonable excuse, contravenes a compliance notice commits an offence.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

(6)A compliance notice may not be given in respect of a contravention which occurred more than 12 months before the day on which the notice is given.

(7)In this section—

(a)“relevant provision” means any provision of building regulations except one that is prescribed for the purposes of this paragraph;

(b)“specified” means specified in the notice.

35CStop noticesE+W

(1)The building control authority may give a stop notice to a person appearing to the authority to be in control of any work if it appears to the authority that—

(a)the carrying out of the work would contravene a provision of building regulations prescribed for the purposes of this paragraph,

(b)a compliance notice relating to the work has been contravened, or

(c)the work contravenes a provision of building regulations or a requirement imposed by virtue of such a provision, and the risk of serious harm condition is met.

(2)For the purposes of subsection (1)(c) the “risk of serious harm condition” is that use of the building in question without the contravention having been remedied would be likely to present a risk of serious harm to people in or about the building.

(3)A “stop notice” is a notice prohibiting, either immediately or from a specified time, the carrying out of specified work until the occurrence of such of the following as may be specified—

(a)the taking of specified steps;

(b)the occurrence of specified circumstances;

(c)the remedying of a specified contravention or the matters giving rise to it.

(4)Where a stop notice is contravened, the person to whom the notice was given commits an offence.

(5)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

(6)It is a defence for a person charged with an offence under this section to prove that the person took all reasonable precautions and exercised all due diligence to avoid the contravention of the stop notice.

(7)In this section “specified” means specified in the notice.

35DCompliance and stop notices: supplementaryE+W

(1)Building regulations may make provision about compliance notices or stop notices.

(2)The regulations may in particular make provision about—

(a)the form and content of notices;

(b)the giving of notices;

(c)the amendment or withdrawal of notices;

(d)the extension of any period specified in a compliance notice for the doing of a thing.

(3)The regulations may require a building control authority which gives a notice to a person to take reasonable steps to notify other prescribed persons.

(4)A compliance notice, or a stop notice under section 35C(1)(a), may not be given in respect of a contravention (including a future contravention) where—

(a)an application for building control approval was made to a building control authority in respect of any work that is not higher-risk building work,

(b)the application was granted, and

(c)the contravention consists (or would consist) of the carrying out of work or the doing of anything else in accordance with—

(i)the plans, or any other document, approved by the grant of building control approval, and

(ii)any requirement imposed by the building control authority in connection with the work or other thing.]

36 Removal or alteration of offending work.E+W

(1)If any work to which building regulations are applicable contravenes any of those regulations [F189or a requirement imposed by virtue of any of those regulations], the [F190local authority] [F190building control authority], without prejudice to their right to take proceedings for a fine in respect of the contravention, may by notice require the owner—

(a)to pull down or remove the work, or

(b)if he so elects, to effect such alterations in it as may be necessary to make it comply with the regulations.

(2)If, in a case where the [F190local authority] [F190building control authority] are, by [F191any section of this Part of this Act other than section 16] [F191any of sections 19 to 25], expressly required or authorised to reject [F192plans] [F192an application for building control approval], any work to which building regulations are applicable is executed—

(a)[F193without plans having been deposited,]

[F193without such an application having been made,]

(b)[F193notwithstanding the rejection of the plans, or]

[F193notwithstanding the refusal of such an application, or]

(c)otherwise than in accordance with any requirements subject to which the authority [F194passed the plans] [F194granted such an application],

the authority may by notice to the owner—

(i)require him to pull down or remove the work, or

(ii)require him either to pull down or remove the work or, if he so elects, to comply with any other requirements specifed in the notice, being requirements that they might have made under the section in question as a condition of [F195passing plans] [F195granting such an application].

(3)If a person to whom a notice has been given under subsection (1) or (2) above fails to comply with the notice before the expiration of 28 days, or such longer period as [F196a magistrates’ court] [F196the appropriate court or tribunal] may on his application allow, the [F190local authority] [F190building control authority] may—

(a)pull down or remove the work in question, or

(b)effect such alterations in it as they deem necessary,

and may recover from him the expenses reasonably incurred by them in doing so.

(4)A notice under subsection (1) or (2) above (called a “section 36 notice”) shall not be given after the expiration of [F19712 months] [F19710 years] from the date of the completion of the work in question.

(5)[F198A section 36 notice shall not be given, in a case where plans were deposited and the work was shown on them, on the ground that the work contravenes any building regulations or, as the case may be, does not comply with the authority’s requirements under any section of this Act other than section 16, if—

(a)the plans were passed by the authority, or

(b)notice of their rejection was not given within the relevant period from their deposit,

and if the work has been executed in accordance with the plans and of any requirement made by the local authority as a condition of passing the plans.]

[F198Subsection (5A) applies where—

(a)an application for building control approval is made to a building control authority in respect of any work that is not higher-risk building work,

(b)the application is granted, and

(c)work that is shown on the plans approved by the granting of the application (“the work”) is executed in accordance with—

(i)the plans, and

(ii)any requirement imposed by the building control authority.

(5A)A section 36 notice may not be given on the ground that the work contravenes—

(a)any building regulations or any requirement imposed by virtue of the regulations, or (as the case may be)

(b)any requirement under any of sections 19 to 25.]

(6)This section [F199does] [F199, and sections 35B and 35C, do] not affect the right of a [F200local authority] [F200building control authority], the Attorney General [F201, the Counsel General to the Welsh Government] or any other person to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any regulation or any provision of this Act; but if—

(a)[F202the work is one in respect of which plans were deposited,]

[F202an application for building control approval was made to the local authority in respect of the work,]

(b)[F202the plans were passed by the local authority, or notice of their rejection was not given within the relevant period from their deposit, and]

[F202the application was granted,]

(c)[F202the work has been executed in accordance with the plans,]

[F202the work was executed in accordance with—

(i)the plans approved by the granting of the application, and

(ii)any requirement imposed by the authority, and

(d)the work was not higher-risk building work,]

the court on granting an injunction has power to order the local authority to pay to the owner of the work such compensation as the court thinks just, but before making any such order the court shall in accordance with rules of court cause the local authority, if not a party to the proceedings, to be joined as a party to them.