Schedules

Schedule 5Minor and consequential amendments in connection with Part 3

Part 1Amendments of the Building Act 1984

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1

Section 36 is amended as follows.

2

In subsections (1) to (3) for “local authority”, in each place it occurs, substitute “building control authority”.

3

In subsection (1) after “those regulations” insert “or a requirement imposed by virtue of any of those regulations”.

4

In subsection (2)—

a

for “any section of this Part of this Act other than section 16” substitute “any of sections 19 to 25”;

b

for “plans”, in the first place it occurs, substitute “an application for building control approval”;

c

for paragraphs (a) and (b) (including the “or” at the end of paragraph (b)) substitute—

a

without such an application having been made,

b

notwithstanding the refusal of such an application, or

d

in paragraph (c) for “passed the plans” substitute “granted such an application”;

e

in paragraph (ii) for “passing plans” substitute “granting such an application”.

5

For subsection (5) substitute—

5

Subsection (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

In subsection (6)—

a

for “does” substitute “, and sections 35B and 35C, do”;

b

for “local authority”, in the first place it occurs, substitute “building control authority”;

c

after “Attorney General” insert “, the Counsel General to the Welsh Government”;

d

for paragraphs (a) to (c) substitute—

a

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

b

the application was granted,

c

the 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,