Legalize / United Kingdom / Public General Act

Housing and Building Control Act 1984

Type Public General Act

Publication 1984-06-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(c) subsection (5) of that section (saving for right to obtain injunction for certain contraventions), in so far as it relates to a contravention of any enactment in the 1936 Act;

(d) section 14(6) of the Water Act 1973 (notice of proposal to erect or extend building over water authority’s sewer), and

(e) sections 219 to 225 of the Highways Act 1980 (the advance payments code).

(4) For the purposes of section 13 of the Fire Precautions Act 1971 (exercise of fire authority’s powers where provisions of building regulations as to means of escape apply)—

(a) the acceptance by a local authority of an initial notice relating to any work shall be treated as the deposit of plans of the work with the authority in accordance with building regulations; and

(b) the references in subsections (1)(ii) and (3)(b) of that section to matters or circumstances of which particulars are not or were not required by or under the building regulations to be supplied to the local authority in connection with the deposit of plans shall be construed as a reference to matters or circumstances of which particulars would not be or, as the case may be, would not have been required to be so supplied if plans were to be or had been deposited with the authority in accordance with building regulations.

Approved inspectors.

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(1) In the enactments relating to building regulations “approved inspector” means a person who, in accordance with building regulations, is approved for the purposes of this Part of this Act—

(a) by the Secretary of State; or

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

(2) Any such approval as is referred to in subsection (1) above may limit the description of work in relation to which the person concerned is an approved inspector.

(3) Any such designation as is referred to in subsection (1)(b) 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 subsection (2) above.

(4) 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 by building regulations;

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

(5) 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 shall continue in force;

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

(d) provide for the maintenance by the Secretary of State of a list of bodies who 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 time being 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 inspectors 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.

(6) Unless the contrary is proved, in any proceedings (whether civil or criminal) a document which appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (5)(d) above or in a copy of such a list supplied as mentioned in subsection (5)(e) above—

(a) shall be presumed to be a true copy of an entry in the current list so maintained; and

(b) shall be evidence of the matters stated therein.

(7) In subsection (1) of section 62 of the 1974 Act (building regulations may require local authorities to undertake consultation in prescribed circumstances) after the words “local authorities” there shall be inserted the words “and approved inspectors”.

(8) An approved inspector may make such charges in respect of the carrying out of functions referred to in section 39(1) above as may in any particular case be agreed between him and the person who intends to carry out the work in question or, as the case may be, by whom that work is being or has been carried out.

(9) Nothing in this Part of this Act prevents an approved inspector from arranging for plans or work to be inspected on his behalf by another person; but any such delegation—

(a) shall not extend to the giving of any certificate under section 42 or section 43 below; and

(b) shall not affect any liablity, whether civil or criminal, of the approved inspector which arises out of functions conferred on him by this Part of this Act or by building regulations;

and, without prejudice to the generality of paragraph (b) above, an approved inspector shall be liable for negligence on the part of any person carrying out any inspection on his behalf in like manner as if it were negligence by a servant of his acting in the course of his employment.

Plans certificates.

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(1) Where an approved inspector—

(a) has inspected plans of the work specified in an initial notice given by him, and

(b) is satisfied that the plans neither are defective nor show that work carried out in accordance with them would contravene any provision of building regulations, and

he shall, if requested to do so by the person intending to carry out the work, give a certificate in the prescribed form (in the enactments relating to building regulations referred to as a “plans certificate”) to the local authority and to that person.

(2) In any case where any question arises under subsection (1) above between an approved inspector and a person who proposes to carry out any work whether plans of the work are in conformity with building regulations, that person may refer the question to the Secretary of State for this determination; and an application for a reference under this subsection shall be accompanied by such fee as may be prescribed by building regulations.

(3) Building regulations may authorise the giving of an initial notice combined with a certificate under subsection (1) above and may prescribe a single form for such a combined notice and certificate; and where such a prescribed form is used—

(a) any reference in this Part of this Act to an initial notice or to a plans certificate shall be construed as including a reference to that form; but

(b) should the form cease to be in force as an initial notice by virtue of subsection (4) of section 39 above, nothing in that subsection shall affect the continuing validity of the form as a plans certificate.

(4) A plans certificate—

(a) may relate either to the whole or to part only of the work specified in the initial notice concerned; and

(b) shall not have effect unless it is accepted by the local authority to whom it is given.

(5) A local authority to whom a plans certificate is given—

(a) may not reject the certificate except on prescribed grounds; and

(b) shall reject the certificate if any of the prescribed grounds exists.

(6) Unless, within the prescribed period, the local authority to whom a plans certificate is given give notice of rejection, specifying the ground or grounds in question, to—

(a) the approved inspector by whom the certificate was given, and

(b) the other person to whom the approved inspector gave the certificate,

the authority shall be conclusively presumed to have accepted the certificate.

(7) If it appears to a local authority by whom a plans certificate has been accepted that the work to which the certificate relates has not been commenced within the period of three years beginning on the date on which the certificate was accepted, the authority may rescind their acceptance of the certificate by notice, specifying the ground or grounds in question, given—

(a) to the approved inspector by whom the certificate was given; and

(b) to the person shown in the initial notice concerned as the person intending to carry out the work.

Final certificates.

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(1) Where an approved inspector is satisfied that any work specified in an initial notice given by him has been completed, he shall give—

(a) to the local authority by whom the initial notice was accepted, and

(b) to the person by whom the work was carried out,

such certificate with respect to the completion of the work and the discharge of his functions as may be prescribed (in the enactments relating to building regulations referred to as a “final certificate”).

(2) Subsection (4) to (6) of section 42 above shall have effect in relation to a final certificate as if any reference in those subsection to a plans certificate were a reference to a final certificate.

(3) Where a final certificate has been given with repect to any of the work specified in an initial notice and that certificate has been accepted by the local authority concerned, the initial notice shall cease to apply to that work, but the provisions of section 40(1) above shall, by virtue of this subsection, continue to apply in relation to that work as if the initial notice continued in force in relation to it.

Cancellation of initial notice.

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(1) If, at any time when an initial notice is in force—

(a) the approved inspector becomes or expects to become unable to carry out (or to continue to carry out) his functions with respect to any of the work specified in the initial notice, or

(b) the approved inspector is of the opinion that any of the work is being so carried out that he is unable adequately to carry out his functions with respect to it, or

(c) the approved inspector is of the opinion that there is a contravention of any provision of building regulations with respect to any of that work and the circumstances are as mentioned in subsection (2) below.

the approved inspector shall cancel the initial notice by notice in the prescribed form given to the local authority concerned and to the person carrying out or intending to carry out the work.

(2) The circumstances referred to in subsection (1)(c) above are—

(a) that the approved inspector has, in accordance with building regulations, given notice of the contravention to the person carrying out the work; and

(b) that, within the prescribed period, that person has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations.

(3) If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work specified in the notice that the approved inspector is no longer willing or able to carry out his functions with repect to any of that work, he shall cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the approved inspector.

(4) If any person fails without reasonable excuse to give to a local authority a notice which he is required to give by subsection (3) above he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982).

(5) If, at a time when an initial notice is in force, it appears to the local authority by whom the initial notice was accepted that the work to which the initial notice relates has not been commenced within the period of three years beginning on the date on which the initial notice was accepted, the authority may cancel the initial notice by notice in the prescribed form given—

(a) to the approved inspector by whom the initial notice was given; and

(b) to the person shown in the initial notice as the person intending to carry out the work.

(6) A notice under subsection (1), (3) or (5) above shall have the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given.

Effect of initial notice ceasing to be in force.

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(1) The provisions of this section apply where an initial notice ceases to be in force by virtue of paragraph (a) or paragraph (b) of subsection (4) of section 39 above.

(2) Building regulations may provide that, if—

(a) a plans certificate was given before the day on which the initial notice ceased to be in force, and

(b) that certificate was accepted by the local authority (before, on or after that day), and

then, with respect to the work specified in the certificate, such of the functions of a local authority referred to in section 40(1) above as may be prescribed for the purposes of this subsection either shall not be exercisable or shall be exercisable only in prescribed circumstances.

(3) If, before the day on which the initial notice ceased to be in force, a final certificate was given in respect of part of the work specified in the initial notice and that certificate was accepted by the local authority (before, on or after that day), the fact that the initial notice has ceased to be in force shall not affect the continuing operation of section 43(3) above in relation to that part of the work.

(4) Notwithstanding anything in subsections (2) and (3) above, for the purpose of enabling the local authority to perform the functions referred to in section 40(1) above in relation to any part of the work not specified in a plans certificate or final certificate, as the case may be, building regulations may require the local authority to be provided with plans which relate not only to that part but also to the part to which the certificate in question relates.

(5) In any case where this section applies, the reference in subsection (4) of section 65 of the 1936 Act (twelve month time limit for giving certain notices) to the date of the completion of the work in question shall have effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the initial notice ceased to be in force.

(6) Subject to any provision of building regulations made by virtue of subsection (2) above, if, before the initial notice ceased to be in force, an offence under section 4(6) of the 1961 Act (contravention of provisions of building regulations) was committed with respect to any of the work specified in that notice, summary proceedings for that offence may be commenced by the local authority at any time within six months beginning with the day on which the functions of the local authority referred to in section 40(1) above became exercisable with respect to the provision of building regulations to which the offence relates.

(7) The fact that an initial notice has ceased to be in force shall not affect the right to give a new initial notice relating to any of the work which was specified in the original notice and in respect of which no final certificate has been given and accepted; but where—

(a) a plans certificate has been given in respect of any of that work, and

(b) the conditions in paragraphs (a) to (c) of subsection (2) above are fulfilled with respect to that certificate, and

section 42(1) above shall not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.

Supervision of their own work by public bodies

Giving, acceptance and effect of public body’s notice.

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(1) This section applies where a body (corporate or unincorporated) which acts under any enactment for public purposes and not for its own profit and is, or is of a description which is, approved by the Secretary of State in accordance with building regulations (in this Part of this Act referred to as a “public body”)—

(a) intends to carry out in relation to a building belonging to it work to which the substantive requirements of building regulations apply; and

(b) considers that the work can be adequately supervised by its own servants or agents; and

(c) gives to the local authority in whose district the work is to be carried out notice in the prescribed form (in the enactments relating to building regulations referred to as a “public body’s notice”) together with such plans of the work as may be prescribed.

(2) A public body’s notice shall be of no effect unless it is accepted by the local authority to whom it is given; and that local authority—

(a) may not reject the notice except on prescribed grounds, and

(b) shall reject the notice if any of the prescribed grounds exists,

and in any case where the work to which the public body’s notice relates is work of such a description that, if plans of it had been deposited with the local authority, the authority could, under any enactment, have imposed requirements as a condition of passing the plans, the local authority may impose the like requirements as a condition of accepting the public body’s notice.

(3) Unless, within the prescribed period, the local authority to whom a public body’s notice is given give notice of rejection, specifying the ground or grounds in question, the authority shall be conclusively presumed to have accepted the public body’s notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

(4) Section 40 above shall have effect for the purposes of this section—

(a) with the substitution of a reference to a public body’s notice for any reference to an initial notice; and

(b) with the substitution, in subsection (2)(a), of a reference to subsection (1)(c) of this section for the reference to section 39(1)(b).

(5) The form prescribed for a public body’s notice may be such as to require the public body by whom it is to be given—

(a) to furnish information relevant for the purposes of this Part of this Act, Part II or Part IV of the 1936 Act, Part II of the 1961 Act or any provision of building regulations; and

(b) to enter into undertakings with respect to consultation and other matters.

(6) Where a public body’s notice is given and accepted by the local authority to whom it is given, the provisions of Schedule 8 to this Act shall have effect, being provisions which correspond, as near as may be, to those made by the preceding provisions of this Part of this Act for the case where an initial notice is given and accepted.

Supplemental

Appeals.

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(1) A person aggrieved by the local authority’s rejection of—

(a) an initial notice or a public body’s notice, or

(b) a plans certificate, a final certificate, a public body’s plans certificate or a public body’s final certificate,

may appeal to a magistrates' court acting for the petty sessions area in which is situated land on which will be or has been carried out any work to which the notice or certificate relates.

(2) On an appeal under this section the court shall—

(a) if they determine that the notice or certificate was properly rejected, confirm the rejection; and

(b) in any other case, give a direction to the local authority to accept the notice or certificate.

(3) The procedure on appeal to a magistrates' court under this section shall be by way of complaint for an order and the Magistrates' Courts Act 1980 shall apply to the proceedings.

Register of notices and certificates.

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(1) Every local authority shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to initial notices, public body’s notices and certificates given to them, including information as to whether such notices or certificates have been accepted or rejected.

(2) The information which may be prescribed under subsection (1) above with respect to an initial notice includes information with respect to the insurance cover provided with respect to the work to which the initial notice relates.

(3) The reference in subsection (1) above to certificates is a reference to plans certificates, final certificates, public body’s plans certificates, public body’s final certificates and certificates given under section 64(2C) of the 1936 Act (which provision is set out in section 56 below).

(4) Every register kept under this section shall be available for inspection by the public at all reasonable hours.

Offences.

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(1) If any person—

(a) gives a notice or certificate which purports to comply with the requirements of this Part of this Act or, as the case may be, of section 64(2C) of the 1936 Act and which contains a statement which he knows to be false or misleading in a material particular, or

(b) recklessly gives a notice or certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) above shall be liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum (as defined in section 74 of the Criminal Justice Act 1982) or imprisonment for a term not exceeding six months or both; and

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

(3) Where an approved inspector or person approved for the purposes of section 64(2C) of the 1936 Act is convicted of an offence under this section, the court by or before which he is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to the person by whom the approval was given.

Information, reports and returns.

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Where an initial notice or a public body’s notice has continued in force for any period, the local authority by whom it was accepted may require the approved inspector or public body by whom it was given to furnish them with any information which—

(a) they would have obtained themselves if during that period their function of enforcing building regulations had continued to be exercisable in relation to the work specified in the notice; and

(b) they require for the purpose of performing their duty under section 230 of the Local Government Act 1972 (reports and returns);

and that section shall have effect as if during that period that function had continued to be so exercisable.

Interpretation of Part II.

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(1) In this Part of this Act—

“the 1936 Act” means the Public Health Act 1936;

“the 1961 Act” means the Public Health Act 1961;

“the 1974 Act” means the Health and Safety at Work etc. Act 1974;

“approved inspector” has the meaning assigned to it by section 41(1) above;

“contravention”, in relation to any provision of building regulations, includes a failure to comply with that provision;

“enactment” includes any enactment contained in a local Act;

“the enactments relating to building regulations” means this Part of this Act and the enactments referred to in section 76(1) of the 1974 Act;

“final certificate” has the meaning assigned to it by section 43(1) above;

“initial notice” has the meaning assigned to it by section 39(1) above;

“plans certificate” has the meaning assigned to it by section 42(1) above;

“public body” and “public body’s notice” have the meaning assigned to them by section 46(1) above;

“public body’s final certificate” has the meaning assigned to it by paragraph 3 of Schedule 8 to this Act; and

“public body’s plans certificate” has the meaning assigned to it by paragraph 2 of that Schedule.

(2) Any reference in this Part of this Act 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.

(3) Any reference in this Part of this Act to an initial notice given by an approved inspector is a reference to a notice given by him jointly with another person as mentioned in section 39(1)(a) above.

(4) Sections 74 and 76 of the 1974 Act (construction and interpretation) shall have effect as if the preceding provisions of this Part of this Act (other than subsection (1) above) were included in Part III of the 1974 Act.

PART III — Miscellaneous Amendments Relating to Building Work

Exemptions and relaxations for public bodies

Exemption of local authorities etc. from procedural requirements of building regulations.

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(1) Building regulations may exempt—

(a) a local authority,

(b) a county council, and

(c) any other body which acts under any enactment for public purposes and not for its own profit and is prescribed for the purpose of this section by building regulations,

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

(2) A local authority, county council or other body which 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 which is conferred on local authorities by section 4(3) of the 1961 Act shall not be exercisable in relation to work carried out by an exempt body and, accordingly—

(a) nothing in subsections (1) to (4) of section 65 of the 1936 Act (powers to require removal or alteration of certain work) shall apply in relation to work so carried out; and

(b) a local authority may not institute proceedings under section 4(6) of the 1961 Act for any contravention of building regulations by an exempt body.

(4) In this section “substantive requirements of building regulations” has the meaning assigned to it by section 76(3) of the 1974 Act.

Power of certain public bodies to relax requirements of building regulations for their own works.

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(1) After subsection (2) of section 6 of the 1961 Act there shall be inserted the following subsections:—

(2A) 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. (2B) In subsection (2A) above “public body” means— (a) a local authority; (b) a county council; and (c) any other body which is prescribed for the purposes of section 52 of the Housing and Building Control Act 1984.

(2) In subsection (1) of section 8 of the 1961 Act (opportunity for representations about proposals to relax building regulations) after the words “local authority”, in the first and second places where they occur, there shall be inserted the words “or other body”, for the words “application is” there shall be substituted the words “direction is proposed to be” and for the words “before publication of the notice” there shall be substituted the words “where the direction is proposed to be made on an application”.

(3) In subsection (2) and (5) of that section after the words “local authority”, in each place where they occur, there shall be inserted the words “or other body” and in subsection (3) of that section for the words “application is” there shall be substituted the words “direction is proposed to be”.

(4) In section 15(1)

of the Fire Precautions Act 1971 (consultation with fire authority prior to exercise by local authority of powers under section 6 of the 1961 Act) after the words “local authority”, in the first place where they occur, there shall be inserted the words “or a public body, as defined in section 6(2B) of that Act, proposes to exercise the power conferred on it by section 6(2A) of that Act” and after the words “local authority”, in the second place where they occur, there shall be inserted the words “or other body”.

Approved documents giving practical guidance

Approval of documents for purposes of building regulations. .

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(1) For the purpose of providing practical guidance with respect to the requirements of any provision of building regulations, the Secretary of State or a body designated by him for the purposes of this section may—

(a) approve and issue any document (whether or not prepared by him or by the body concerned), or

(b) approve any document issued or proposed to be issued otherwise than by him or by the body concerned,

if in the opinion of the Secretary of State or, as the case may be, the body concerned the document is suitable for that purpose.

(2) References in this section and section 55 below to a document include references to any part of a document; and accordingly, in relation to a document of which part only is approved, any reference in the following provisions of this section or in section 55 below to the approved document is a reference only to the part of it which is approved.

(3) An approval given under subsection (1) above shall take effect in accordance with a notice which is issued by the Secretary of State or, as the case may be, the body giving the approval and which—

(a) identifies the approved document in question;

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

(4) The Secretary of State or, as the case may be, the body which 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 him or it for the purposes of this section; and

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

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

(5) The Secretary of State or, as the case may be, the body which gave the approval may withdraw his or its approval of a document under this section; and such a withdrawal of approval shall take effect in accordance with a notice which is issued by the Secretary of State or body concerned and which—

(a) identifies the approved document in question; and

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

(6) References in subsections (4) and (5) above and in section 55 below to an approved document are references to that document as it has effect for the time being, having regard to any revision of the whole or any part of it which has been approved under subsection (4) above.

(7) Where a body ceases to be a body designated by the Secretary of State for the purposes of this section, subsections (4) and (5) above shall 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 shall be exercisable by order made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Compliance or noncompliance with approved documents.

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(1) A failure on the part of any person to comply with an approved document shall 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 any person has at any time contravened a provision of building regulations—

(a) a failure to comply with a document which at that time was approved for the purposes of that provision 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.

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

(a) a document purporting to be a notice issued as mentioned in section 54(3) above shall be taken to be such a notice unless the contrary is proved; and

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

Certification and reports

Certificates of compliance with building regulations.

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(1) In section 64 of the 1936 Act (passing or rejection of plans etc.) immediately before subsection (3) (appeals to magistrates' courts) there shall be inserted the following subsection—

(2C) 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 they are defective with respect to any provisions of the regulations which are so specified or that they show that the proposed work would contravene any of those provisions.

(2) For subsection (3) of section 64 of the 1936 Act there shall be substituted the following subsection—

(3) 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 (2C) 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 by building regulations.

(3) After that subsection there shall be inserted the following subsection—

(3A) Where deposited plans accompanied by such a certificate and such evidence as are mentioned in subsection (2C) above are passed by the local authority, or notice of the rejection of deposited plans so accompanied is not given within the prescribed period from the deposit of the plans, the authority may not institute proceedings under section 4(6) of the 1961 Act for any contravention of building regulations which— (a) arises out of the carrying out of the proposed work in accordance with the plans; and (b) is a contravention of any of the provisions of the regulations specified in the certificate.

(4) Building regulations may make provision for the approval of persons for the purposes of subsection (2C) of section 64 of the 1936 Act—

(a) by the Secretary of State; or

(b) by a body (corporate or unincorporated) which, 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.

(5) Any such designation as is referred to in paragraph (b) of subsection (4) 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.

(6) There shall be paid on an application for any such approval as is referred to in subsection (4) above—

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

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

(7) The Secretary of State may approve for the purposes of subsection (2C) of section 64 of the 1936 Act any scheme which appears to him to secure the provision of adequate insurance cover in relation to any certificate which is given under paragraph (a) of that subsection and is a certificate to which the scheme applies.

(8) Building regulations may prescribe for the purposes of subsection (2C) of section 64 of the 1936 Act the insurance cover which is to be provided in relation to any certificate which 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.

(9) 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 (4) above shall continue in force;

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

(d) provide for the maintenance by the Secretary of State of a list of bodies who are for the time being designated by him as mentioned in subsection (4) above and for the maintenance by the Secretary of State and by each designated body of a list of persons for the time being 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.

(10) Unless the contrary is proved, in any proceedings (whether civil or criminal) a document which appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (9)(d) above or in a copy of such a list supplied as mentioned in subsection (9)(e) above—

(a) shall be presumed to be a true copy of an entry in the current list so maintained; and

(b) shall be evidence of the matters stated therein.

Methods of challenging section 65 notices.

57

(1) After section 65 of the 1936 Act there shall be inserted the sections set out in Schedule 9 to this Act.

(2) Section 67 of the 1936 Act (joint applications to the Secretary of State for determination of certain questions relating to building regulations) shall cease to have effect except as respects applications referred to the Secretary of State before this subsection comes into force.

Miscellaneous

Charges by local authorities for performing functions relating to building regulations.

58

Building regulations may authorise local authorities, subject to and in accordance with the regulations, to fix by means of schemes and to recover such charges for or in connection with the performance of functions of theirs relating to building regulations as they may determine in accordance with principles prescribed by the regulations.

Amendments of enactments relating to building regulations.

59

(1) In section 9(3) of the 1961 Act (consultation with Building Regulations Advisory Committee and other bodies before making building regulations) after the word “regulations”, in the first place where it occurs, there shall be inserted the words “containing substantive requirements as defined in section 76(3) of the Health and Safety at Work etc. Act 1974”.

(2) The following provisions of the 1974 Act, namely—

(a) subsection (5) of section 61 (which provides for the repeal of section 71 of the 1936 Act but has not been brought into force); and

(b) subsections (6) and (7) of section 63 (which make provision consequential on that repeal),

shall cease to have effect.

(3) In Schedule 6 to the 1974 Act (amendments of enactments relating to building regulations) paragraphs 1, 2, 5(a), 5(d), 6 and 7 (most of which are not yet in operation and none of which is yet fully in operation) shall be deemed not to have been enacted, and accordingly (and having regard to section 53(1) above)—

(a) subsection (4) of section 64 of the 1936 Act and section 6 of the 1961 Act shall have effect as set out in Schedule 10 to this Act, and

(b) section 65 of the 1936 Act and sections 7 and 8 of the 1961 Act shall continue to have effect (for all purposes) without regard to any provision of the said Schedule 6.

Amendments of enactments relating to sanitation and buildings.

60

(1) Part XII of the 1936 Act (enforcement and other general provisions) shall have effect as if so much of Part II of the 1961 Act (sanitation and buildings) as does not relate to building regulations were contained in Part II of the 1936 Act.

(2) In the following provisions, namely—

(a) so much of Part II of the 1936 Act (sanitation and buildings) as does not relate to building regulations;

(b) sections 137 and 138 of that Act (certain buildings to be supplied with water); and

expressions which are defined by subsection (1) of section 82 of the 1974 Act shall have the meanings given by that subsection.

Repeal of the Building Control Act 1966.

61

(1) The Building Control Act 1966 (which regulates building and constructional work) shall cease to have effect.

(2) In consequence of subsection (1) above, the enactments mentioned in Part I of Schedule 12 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Interpretation of Part III.

62

(1) In this Part of this Act—

“the 1936 Act” means the Public Health Act 1936;

“the 1961 Act” means the Public Health Act 1961;

“the 1974 Act” means the Health and Safety at Work etc, Act 1974;

“contravention”, in relation to any provision of building regulations, includes a failure to comply with that provision;

“local authority” has the meaning assigned to it by subsection (2)(a) of section 76 of the 1974 Act.

(2) Any reference in this Part of this Act 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.

PART IV — Miscellaneous and General

Financial provisions.

63

(1) There shall be paid out of money provided by Parliament the administrative expenses of the Secretary of State under this Act and any increase attributable to this Act in the sums so payable under any other enactment.

(2) There shall be paid out of or into the Consolidated Fund or the National Loans Fund any increase attributable to this Act in the sums so payable under any other enactment.

Minor and consequential amendments.

64

The enactments mentioned in Schedule 11 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).

Repeals.

65

The enactments mentioned in Part II of Schedule 12 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent.

66

(1) This Act may be cited as the Housing and Building Control Act 1984.

(2) The following provisions of this Act namely—

(a) sections 42(2), 56(2), 57(2) and 58;

(b) so far as relating to the amendments of section 69 of the Health and Safety at Work etc. Act 1974, section 64 and Schedule 11; and

(c) so far as relating to the repeals of section 67 of the Public Health Act 1936 and section 62(3) of the said Act of 1974, section 65 and Part II of Schedule 12,

shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different provisions or for different purposes.

(3) Except as provided by subsection (2) above, this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(4) This Act does not extend to Scotland or Northern Ireland.

SCHEDULE 1

1

In section 1(8) (right to acquire freehold or long lease) and section 10(1)(a) (notice of purchase price and right to a mortgage) of the 1980 Act for the words “long lease” there shall be substituted the word “lease”.

2

In section 6(4)(a) of the 1980 Act (assumptions on the grant of a lease) for the words from “for 125 years” onwards there shall be substituted the words “with vacant possession for the appropriate term defined in sub-paragraph (2) of paragraph 11 of Schedule 2 to this Act (but subject to sub-paragraph (3) of that paragraph)”.

3

In section 14 of the 1980 Act (change of landlord after notice claiming right to buy or right to a mortgage) for the words “the freehold of” there shall be substituted the words “the interest of the landlord in”.

4

In section 16(1) of the 1980 Act (completion) for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) if the dwelling-house is a house and the landlord owns the freehold, a grant of the dwelling-house for an estate in fee simple absolute; and (b) if the landlord does not own the freehold or (whether or not the landlord owns it) the dwelling-house is a flat, a grant of a lease of the dwelling-house for the appropriate term defined in sub-paragraph (2) of paragraph 11 of Schedule 2 to this Act (but subject to sub-paragraph (3) of that paragraph);

5

At the end of section 17 of the 1980 Act (conveyance of freehold and grant of lease) there shall be inserted the words “and other matters”.

6

Section 18 of the 1980 Act (right to a mortgage—terms of mortgage deed) shall be renumbered as subsection (1) of that section, in that provision as so renumbered the words from “but the Secretary of State” onwards shall be omitted and after that provision as so renumbered there shall be inserted the following subsections—

(2) Where the mortgagor’s interest in the dwelling-house is leasehold and the term of the lease is less than 25 years, subsection (1)(b) above shall have effect as if the reference to 25 years were a reference to the term of the lease. (3) The Secretary of State may by order prescribe additional terms to be contained in any deed by which a mortgage is effected in pursuance of this Chapter or vary the provisions of subsections (1)(a) and (b) and (2) above, but only in relation to deeds executed after the order comes into force.

7

In subsection (3) of section 20 of the 1980 Act (registration of title) for the words “subsection (2)” there shall be substituted the words “subsection (1)(b)” and for subsections (1) and (2) of that section there shall be substituted the following subsections—

(1) Where the landlord’s title to the dwelling-house is not registered— (a) section 123 of the Land Registration Act 1925 (compulsory registration of title) shall apply in relation to the conveyance of the freehold or the grant of a lease in pursuance of this Chapter whether or not the dwelling-house is in an area in which an Order in Council under section 120 of that Act is for the time being in force and, in the case of a lease, whether or not the lease is granted for a term of not less than 40 years; (b) the landlord shall give the tenant a certificate stating that the landlord is entitled to convey the freehold or make the grant subject only to such incumbrances, rights and interests as are stated in the conveyance or grant or summarised in the certificate; and (c) section 8 of that Act (application for registration of leasehold land) shall apply in relation to a lease granted in pursuance of this Chapter notwithstanding that it is a lease for a term of which not more than 21 years are unexpired. (1A) Where the landlord’s interest in the dwelling-house is a lease, a certificate under subsection (1)(b) above shall also state particulars of that lease and, with respect to each superior title, the following particulars, namely— (a) where it is registered, the title number; (b) where it is not registered, whether it was investigated in the usual way on the grant of the landlord’s lease. (2) Where the landlord’s title to the dwelling-house is registered, section 22 of the said Act of 1925 (registration of dispositions of leaseholds) shall apply in relation to a lease granted in pursuance of this Chapter notwithstanding that it is granted for a term not exceeding 21 years.

8

In section 24 of the 1980 Act (vesting orders)—

(a) in subsection (3) after the word “If” there shall be inserted the words “the landlord’s title to” and the word “land” shall be omitted;

(b) in subsection (4) after the words “an absolute title” there shall be inserted the words “or, as the case may require, a good leasehold title”; and

(c) in subsection (5) after the word “Where” there shall be inserted the words “the landlord’s title to” and the word “land” shall be omitted.

9

After paragraph 5 of Part I of Schedule 1 to the 1980 Act (circumstances in which right to buy does not arise) there shall be inserted the following paragraph—

(6) (1) The dwelling-house is held by the landlord on a tenancy from the Crown. (2) This paragraph does not apply if either— (a) the landlord is entitled to grant a lease in pursuance of this Chapter without the concurrence of the appropriate authority (disregarding for this purpose paragraph 19A of Schedule 2 to this Act); or (b) the appropriate authority notifies the landlord that as regards any Crown interest affected the authority will give its consent to the granting of such a lease. (3) For the purposes of this paragraph "tenancy from the Crown' means a tenancy of land in which there is a Crown interest superior to the tenancy and "Crown interest' and "appropriate authority' in relation to a Crown interest mean respectively— (a) an interest comprised in the Crown Estate, and the Crown Estate Commissioners or other government department having the management of the land in question; (b) an interest belonging to Her Majesty in right of the Duchy of Lancaster, and the Chancellor of the Duchy; (c) an interest belonging to the Duchy of Cornwall, and such person as the Duke of Cornwall or the possessor for the time being of the Duchy appoints; (d) any other interest belonging to a government department or held on behalf of Her Majesty for the purposes of a government department, and that department.

10

(1) For paragraph 11 of Schedule 2 to the 1980 Act (terms of leases) there shall be substituted—

(11) (1) A lease shall be for the appropriate term defined in sub-paragraph (2) below (but subject to sub-paragraph (3) below) and at a rent not exceeding £10 per annum, and the following provisions shall have effect with respect to the other terms of the lease. (2) If at the time the grant is made the landlord’s interest in the dwelling-house is not less than a lease for a term of which more than 125 years and five days are then unexpired the appropriate term is a term of not less than 125 years; in any other case it is a term expiring five days before the term of the landlord’s lease of the dwelling-house (or, as the case may require, five days before the first date on which the term of any lease under which the landlord holds any part of the dwelling-house is to expire). (3) If the dwelling-house is a flat contained in a building which also contains one or more other flats and the landlord has, since the passing of this Act, granted a lease of one or more of them for the appropriate term, the lease of the dwelling-house may be for a term expiring at the end of the term for which the other lease (or one of the other leases) was granted.

(2) In paragraph 12 (common use of premises and facilities) after the word “Where” there shall be inserted the words “the dwelling-house is a flat and”.

(3) In paragraph 13 of that Schedule (covenants by landlord)—

(a) sub-paragraph (1) shall be renumbered as sub-paragraph (1A) of that paragraph;

(b) at the beginning of that provision as so renumbered there shall be inserted the words “Subject to paragraph 13A(3) below”;

(1) This paragraph applies where the dwelling-house is a flat.

; and

(d) in sub-paragraph (2) for the words “sub-paragraph (1)(a)” there shall be substituted the words “sub-paragraph (1A)(a)”.

(4) After paragraph 13 of that Schedule there shall be inserted the following paragraph—

(13A) (1) This paragraph applies where the landlord’s interest in the dwelling-house is leasehold. (2) There shall be implied, by virtue of this Schedule, a covenant by the landlord to pay the rent reserved by the landlord’s lease and, except in so far as they fall to be discharged by the tenant, to discharge its obligations under the covenants contained in that lease. (3) A covenant implied by virtue of paragraph 13(1A) above shall not impose on the landlord any obligations which the landlord is not entitled to discharge under the provisions of the landlord’s lease or a superior lease. (4) Where the landlord’s lease or a superior lease or any agreement collateral to the landlord’s lease or a superior lease contains a covenant by any person imposing obligations which, but for sub-paragraph (3) above, would be imposed by a covenant implied by virtue of paragraph 13(1A) above, there shall be implied by virtue of this Schedule, a covenant by the landlord to use its best endeavours to secure that that person’s obligations under the first mentioned covenant are discharged.

(5) In paragraph 14 of that Schedule (covenant by tenant) for the words from “to keep” onwards there shall be substituted the following paragraphs—

(a) where the dwelling-house is a house, to keep the dwelling-house in good repair (including decorative repair); (b) where the dwelling-house is a flat, to keep the interior of the dwelling-house in such repair.

(6) Paragraph 15 of that Schedule (avoidance of certain agreements) shall be renumbered as sub-paragraph (1) of that paragraph, in that provision as so renumbered paragraph (b) and the words “and paragraph 16 below” shall be omitted and after that provision as so renumbered there shall be inserted the following sub-paragraph—

(2) Where the dwelling-house is a flat, any provision of the lease or of any agreement collateral to it shall be void in so far as it purports— (a) to enable the landlord to recover from the tenant any part of any costs incurred by the landlord in discharging or insuring against any obligations imposed by a covenant implied by virtue of paragraph 13(1A)(a) or (b) above; or (b) to enable any person to recover from the tenant any part of any costs incurred, whether by him or by any other person, in discharging or insuring against any obligations to the like effect as obligations which, but for paragraph 13A(3) above, would be imposed by a covenant so implied; but subject to paragraph 16 below.

11

(1) For the heading of Part IV of Schedule 2 to the 1980 Act (charges of freehold) there shall be substituted the heading “CHARGES AND OTHER MATTERS”.

(2) In paragraph 18 of that Schedule for the words “the freehold”, where first occurring, there shall be substituted the words “the interest of the landlord”.

(3) After paragraph 19 of that Schedule there shall be inserted the following paragraph—

(19A) Any provision of a lease held by the landlord or a superior landlord, or of any agreement (whenever made) shall be void in so far as it would otherwise— (a) prohibit or restrict the grant of a lease in pursuance of the right to buy or the subsequent disposal (whether by way of assignment, sub-lease or otherwise) of a lease so granted; or (b) authorise any forfeiture or impose on the landlord or superior landlord any penalty of disability in the event of a lease being granted in pursuance of the right to buy or of a subsequent disposal of a lease so granted.

12

After sub-paragraph (2) of paragraph 1 of Schedule 3 to the 1980 Act (tenancies which are not secure tenancies) there shall be inserted the following sub-paragraph—

(2A) For the purposes of this paragraph a tenancy granted in pursuance of Chapter I of Part I of this Act is a long tenancy notwithstanding that it is granted for a term not exceeding 21 years.

SCHEDULE 2

SCHEDULE 3

1

(1) Subject to sub-paragraph (2) below, the tenant’s initial share in the dwelling-house shall be as stated in his notice under section 13(1) of this Act.

(2) The tenant’s initial share in the dwelling-house shall be a multiple of the prescribed percentage and shall not be less than the minimum initial share.

(3) The lease shall state the tenant’s initial share in the dwelling-house.

(4) In this paragraph “minimum initial share” means 50 per cent. or such other percentage as the Secretary of State may by order prescribe.

(5) In this paragraph and paragraph 3 below “the prescribed percentage” means 12.5 per cent. or such other percentages as the Secretary of State may by order prescribe.

Tenant’s initial contribution

2

(1) The consideration for the grant of the lease (in this Part of this Act referred to as the tenant’s initial contribution) shall be determined by the formula—

$$C = S ( V - D ) 100$ where— C the tenant’s contribution; S the tenant’s initial share expressed as a percentage; V the amount agreed between the parties or determined by the district valuer as the amount which, under this paragraph, is to be taken as the value of the dwelling-house at the relevant time; D the discount which, if the tenant were exercising the right to buy, would be applicable under section 7 of the 1980 Act.$

(2) The value of the dwelling-house at the relevant time shall be taken to be the price which, at that time, it would realise if sold on the open market by a willing vendor—

(a) where the dwelling-house is a house and the landlord owns the freehold, on the assumptions stated in subsection (3) of section 6 of the 1980 Act;

(b) where the landlord does not own the freehold or (whether or not the landlord owns it) the dwelling-house is a flat, on the assumptions stated in subsection (4) of that section.

and (in either case) disregarding any improvements made by any of the persons specified in subsection (5) of that section and any failure by any of those persons to keep the dwelling-house in good internal repair.

Additional shares

3

(1) The lease shall contain provision enabling the tenant to acquire additional shares in the dwelling-house; and the right so conferred shall be exercisable at any time during the term of the lease on the tenant serving written notice on the landlord.

(2) Subject to sub-paragraph (3) below, an additional share shall be as stated in the tenant’s notice under sub-paragraph (1) above.

(3) An additional share shall be the prescribed percentage or a multiple of the prescribed percentage.

(4) Where the tenant claims to exercise the right to acquire an additional share, the landlord shall, as soon as practicable, serve on the tenant a written notice stating—

(a) the amount which, in the opinion of the landlord, should be the amount of the consideration for that share determined in accordance with paragraph 4(1) below on the assumption that the share is as stated in the notice under sub-paragraph (1) above; and

(b) the effective discount on an acquisition of that share for that consideration determined in accordance with paragraph 6(3) below

(5) Where the dwelling-house is a house and the landlord owns the freehold, the lease shall also provide that, on his acquiring an additional share such that his total share will be 100 per cent., the tenant shall be entitled to require the freehold to be conveyed either to himself or to such other person as he may direct; and the right so conferred shall be exercisable at any time during the term of the lease on the tenant serving written notice on the landlord.

(6) As soon as practicable after such a right as is mentioned in sub-paragraph (5) above has become exercisable, the landlord shall serve on the tenant a written notice—

(a) informing the tenant of the right; and

(b) stating the provisions which, in the opinion of the landlord, should be contained in the conveyance.

(7) A conveyance executed in pursuance of such a right as is mentioned in sub-paragraph (5) above—

(a) shall conform with Parts I and II of Schedule 2 to the 1980 Act (terms of conveyance);

(b) shall preserve the effect of the covenant required by paragraph 6(1) below; and

(c) where the lease contains any such covenant as is mentioned in section 19(1) of the 1980 Act, shall preserve the effect of that covenant.

(8) A notice required by this paragraph may be withdrawn at any time by notice in writing served on the landlord.

(9) Any reference in this Part of this Act to a tenant’s total share is a reference to his initial share plus any additional share or shares in the dwelling-house acquired by him.

Additional contributions

4

(1) The consideration for an additional share (in this Part of this Act referred to as an additional contribution) shall be determined by the formula—

$$C = S ( V - D ) 100$ where— C the additional contribution; S the additional share expressed as a percentage; V the amount agreed between the parties or determined by the district valuer as the amount which, under this paragraph, is to be taken as the value of the dwelling-house at the time when the notice under paragraph 3(1) above is served; D the discount which, on the assumptions stated in sub-paragraph (2) below, would be applicable under section 7 of the 1980 Act.$

(2) The said assumptions are that—

(a) the shared ownership lease had not been granted and the secure tenancy had not come to an end; and

(b) the tenant was exercising the right to buy and his notice under paragraph 3(1) above were a notice under section 5(1) of the 1980 Act.

(3) The value of the dwelling-house at the time when the notice under paragraph 3(1) above is served shall be taken to be the price which, at that time, the interest of the tenant would realise if sold on the open market by a willing vendor on the assumption that any mortgages of that interest and any liability under the covenants required by paragraphs 6(1) and 7(1) below would be discharged by the vendor and disregarding—

(a) any interests in or rights over the dwelling-house created by the tenant;

(b) any improvements made by the tenant or any of the other persons specified in section 6(5) of the 1980 Act; and

(i) where the dwelling-house is a house, to keep the dwelling-house in good repair (including decorative repair);

(ii) where the dwelling-house is a flat, to keep the interior of the dwelling-house in such repair.

Rent

5

(1) The lease shall provide that, for any period for which the tenant’s total share is less than 100 per cent., the rent payable under the lease shall be determined by the formula—

$$R = F ( 100 - S ) 100$ where— R the rent payable; F the amount determined by the landlord as the rent which would be payable for that period if the shared ownership lease had not been granted and the secure tenancy had not come to an end, but excluding any element attributable to rates or to services provided by the landlord; S the tenant’s total share expressed as a percentage.$

(2) The lease shall also provide that, for any such period, if the Secretary of State by order so provides—

(a) the rent payable under the lease as so determined; or

(b) any amount payable by the tenant under the lease which is payable, directly or indirectly, for repairs, maintenance or insurance,

shall be adjusted in such manner as may be provided by the order.

(3) The lease shall provide that, for any period for which the tenant’s total share is 100 per cent., the rent payable under the lease shall be £10 per annum.

(4) In making a determination under sub-paragraph (1) above, the landlord shall take into account all matters which appear to it to be relevant including, in particular, where comparable dwelling-houses in the locality are let on secure tenancies, the rents payable under those tenancies.

(5) The Secretary of State may by order under sub-paragraph (2) above provide for such adjustment as he considers appropriate having regard to the differing responsibilities for repairs, maintenance and insurance of a tenant under a shared ownership lease and a secure tenant.

(6) In this paragraph “rates” includes charges for services performed, facilities provided or rights made available by a water authority.

Repayment of discount on early disposal

6

(1) The lease shall contain a covenant binding on the tenant and his successors in title to pay to the landlord on demand the amount specified in sub-paragraph (2) below if, within a period of five years commencing with the acquisition by the tenant of his initial share or the acquisition by him of an additional share, there is a relevant disposal which is not exempted by sub-paragraph (5) below; but if there is more than one such disposal, then only on the first of them.

(2) The amount payable under the covenant is the aggregate of the following amounts, namely—

(a) an amount equal to the effective discount (if any) to which the tenant was entitled on the acquisition of his initial share; and

(b) for each additional share acquired by the tenant, an amount equal to the effective discount (if any) to which the tenant was entitled on the acquisition of that share,

but reduced, in each case, by 20 per cent. of the discount for each complete year that elapses after the acquisition and before the disposal.

(3) The effective discount to which the tenant was entitled on the acquisition of his initial share or an additional share shall be determined by the formula—

$$E = S × D 100$ where— E the effective discount; S the tenant’s initial share or, as the case may be, the additional share expressed (in either case) as a percentage; D the discount which was applicable by virtue of paragraph 2(1) or, as the case may be, paragraph 4(1) above.$

(4) A disposal is a relevant disposal for the purposes of this paragraph and paragraphs 7 to 9 below if it is—

(a) an assignment of the lease; or

(b) the grant of a lease or sub-lease for a term of more than twenty-one years otherwise than at a rack rent,

whether the disposal is of the whole or part of the dwelling-house; and for the purposes of paragraph (b) above it shall be assumed that any option to renew or extend a lease or sub-lease, whether or not forming part of a series of options, is exercised, and that any option to terminate a lease or sub-lease is not exercised.

(5) A relevant disposal is exempted by this sub-paragraph if—

(a) it is a disposal of the whole of the dwelling-house and an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person;

(b) it is a vesting of the whole of the dwelling-house in a person taking under a will or on an intestacy;

(c) it is disposal of the whole of the dwelling-house in pursuance of an order under section 24 of the Matrimonial Causes Act 1973 or section 2 of the Inheritance (Provision for Family and Dependants) Act 1975;

(d) the property disposed of is acquired compulsorily or by a person who has made or would have made, or for whom another person had made or would have made, a compulsory purchase order authorising its compulsory purchase for the purposes for which it is acquired; or

(e) the property disposed of is land included in the dwelling-house by virtue of section 3(4) or 50(2) of the 1980 Act.

(6) For the purposes of sub-paragraph (5)(a) above a person is a qualifying person in relation to a disposal if he–

(a) is the person or one of the persons by whom it is made;

(b) is the spouse or a former spouse of that person or one of those persons; or

(c) is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.

(7) Where there is a relevant disposal which is exempted by sub-paragraph (5)(d) or (e) above—

(a) the covenant required by sub-paragraph (1) above shall not be binding on the person to whom the disposal is made or any successor in title of his; and

(b) that covenant and the charge taking effect by virtue of sub-paragraph (10) below shall cease to apply in relation to the property disposed of.

(8) The reference in sub-paragraph (4) above to a lease or sub-lease does not include a mortgage term.

(9) For the purposes of this paragraph and paragraphs 7 to 9 below the grant of an option enabling a person to call for a relevant disposal which is not exempted by sub-paragraph (5) above shall be treated as such a disposal.

(10) Subsections (4) to (6) of section 8 of the 1980 Act shall apply in relation to the liability that may arise under the covenant required by sub-paragraph (1) above and that required by paragraph 7(1) below as they apply relation to the liability that may arise under the covenant required by subsection (1) of that section.

7

(1) The lease shall contain a covenant binding on the tenant and his successors in title to pay to the landlord on demand for the outstanding share an amount determined in accordance with sub-paragraph (2) below if, at a time when the tenant’s total share is less than 100 per cent., there is—

(a) a relevant disposal which is not exempted by sub-paragraph (5) of paragraph 6 above; or

(b) a relevant disposal which is exempted by sub-paragraph (5)(d) of that paragraph (in this paragraph and paragraph 8 below referred to as a “compulsory disposal”).

(2) The amount payable under the covenant shall be determined by the formula—

$$P = V ( 100 - S ) 100$ where— P the amount payable under the covenant; V the amount agreed between the parties or determined by the district valuer as the amount which, under this paragraph, is to be taken to be— except in the case of a compulsory disposal of part of the dwelling-house, the value at the time of the disposal of the dwelling-house; or in the said excepted case, the value at the time of the disposal of the part of the dwelling-house disposed of; S the tenant’s total share expressed as a percentage.$

(3) The value at the time of the disposal of the dwelling-house or the part of the dwelling-house disposed of shall be taken to be the price which, at that time, the interest of the tenant therein would realise if sold on the open market by a willing vendor on the assumption that any mortgages of that interest and any liability under the covenants required by paragraph 6(1) and sub-paragraph (1) above would be discharged by the vendor and disregarding—

(a) any interests in or rights over the dwelling-house created by the tenant;

(b) any improvements made by the tenant or any of the other persons specified in section 6(5) of the 1980 Act; and

(i) where the dwelling-house is a house, to keep the dwelling-house in good repair (including decorative repair);

(ii) where the dwelling-house if a flat, to keep the interior of the dwelling-house in such repair.

(4) The lease shall also provide that, on the discharge of a liability arising under the covenant required by sub-paragraph (1) above,—

(a) except in the case of a compulsory disposal of part of the dwelling-house, the rent payable under the lease shall be £10 per annum; and

(b) in the said excepted case, the rent payable under the lease so far as relating to the part of the dwelling-house disposed of shall be £10 per annum.

(5) Where the dwelling-house is a house and the landlord owns the freehold, the lease shall also provide that on the discharge of a liability arising under the covenant required by sub-paragraph (1) above,—

(a) except in the case of a compulsory disposal of part of the dwelling-house, any person in whom the tenant’s interest in the dwelling-house is vested; or

(b) in the said excepted case, any person in whom the tenant’s interest in the part of the dwelling-house disposed of is vested,

shall be entitled to require the freehold thereof to be conveyed either to himself or to such other person as he may direct; and a right so conferred on any person shall be exercisable at any time during the term of the lease on that person serving written notice on the landlord.

(6) As soon as practicable after such a right as is mentioned in sub-paragraph (5) above has become exercisable by any person, the landlord shall serve on that person a written notice—

(a) informing him of the right and

(b) stating the provisions which, in the opinion of the landlord, should be contained in the conveyance.

(7) A conveyance executed in pursuance of such a right as is mentioned in sub-paragraph (5) above—

(a) shall conform with Parts I and II of Schedule 2 to the 1980 Act (terms of conveyance); and

(b) where the lease contains any such covenant as is mentioned in section 19(1) of the 1980 Act, shall preserve the effect of that covenant.

(8) A notice required by sub-paragraph (5) above may be withdrawn at any time by notice in writing served on the landlord.

8

(1) The lease shall contain a covenant binding on the tenant and his successors in title that there will be no relevant disposal of part of the dwelling-house, other than a compulsory disposal, at any time when the tenant’s total share is less than 100 per cent.

(2) Any disposal in breach of the covenant required by sub-paragraph (1) above shall be void.

Supplemental

9

(1) The lease shall provide that, in the event of a relevant disposal which is exempted by sub-paragraph (5)(a), (b) or (c) of paragraph 6 above, references to the tenant in the provisions of the lease required by this Schedule shall include references to the person to whom the disposal is made.

(2) The lease shall also provide that, in the event of a relevant disposal which is exempted by sub-paragraph (5)(d) of that paragraph, being a disposal of part of the dwelling-house, references to the dwelling-house in the provisions of the lease required by this Schedule shall be construed as references to the remaining part of the dwelling-house.

10

(1) Any power to make an order under this Schedule shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) Any order under this Schedule—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas; and

(b) may contain such transitional provisions as appear to the Secretary of State to be necessary or expedient.

SCHEDULE 4

Service charge and relevant costs

1

(1) In this Schedule “service charge” has the meaning given by section 18(1) of this Act.

(2) For the purposes if this Schedule relevant costs are costs or estimated costs (including overheads) incurred or to be incurred in any period (whether the period for which the service charge is payable or an earlier or later period) by or on behalf of the payee or (in the case of a lease) a superior landlord in connection with the matters for which the service charge is payable.

(3) Other expressions used in this Schedule are to be construed in accordance with paragraphs 11 to 13 below.

Limitation of service charges

2

The extent to which relevant costs are taken into account in determining the amount of a service charge payable for any period shall be limited in accordance with paragraph 3 below, and the amount payable shall be limited accordingly; and where the service charge is payable before the relevant costs are incurred—

(a) no greater amount shall be so payable than is reasonable; and

(b) after the relevant costs have been incurred any necessary adjustment shall be made by repayment, reduction of subsequent charges or otherwise.

3

Costs are to be taken into account only to the extent that they are reasonably incurred, and costs incurred on the provision of services or the carrying out of works only if the services or works are of a reasonable standard.

Information as to relevant costs

4

(1) If the payer requests the payee in writing to supply him with a written summary of the costs incurred in the relevant period defined in sub-paragraph (4) below which are relevant to the service charges payable or demanded as payable by the payer in that or any other period, the payee shall do so within six months of the end of the period or within one month of the request, whichever is the later.

(2) The summary shall set out those costs in a way showing how they are or will be reflected in demands for service charges, and must be certified by a qualified accountant as in his opinion a fair summary complying with this requirement and as being sufficiently supported by accounts, receipts and other documents which have been produced to him.

(3) Where the payer has obtained such a summary as is referred to in sub-paragraph (1) above (whether in pursuance of this paragraph or otherwise) the payer may, within six months of obtaining it, require the payee in writing to afford him reasonable facilities for inspecting the accounts, receipts and other documents supporting the summary and for taking copies or extracts from them, and the payee shall then make such facilities available to the payer for a period of two months beginning not later than one month after the request is made.

(4) The relevant period mentioned in sub-paragraph (1) above is—

(a) if the relevant accounts are made up for periods of twelve months, the last such period ending not later than the date of the request; and

(b) if none are made up for such a period, the period of twelve months ending with the request.

Information held by superior landlord

5

(1) If a request made under paragraph 4(1) above relates in whole or in part to relevant costs incurred by or on behalf of a superior landlord, and the payee is not in possession of the relevant information—

(a) he shall in turn make a written request for the relevant information to the person who is his landlord (and so on if that person is not himself the superior landlord) and the superior landlord shall then comply with the request within a reasonable time; and

(b) it shall be the duty of the payee to comply with the payer’s request, or that part of it which relates to the relevant costs incurred by or on behalf of the superior landlord, within the time allowed by paragraph 4 above or within such further time, if any, as is reasonable in the circumstances.

(2) If a request made under paragraph 4(3) above relates to a summary of costs incurred by or on behalf of a superior landlord, the payee shall forthwith inform the payer of that fact and the name and address of the superior landlord, and paragraph 4(3) above shall then apply as if the superior landlord were the payee.

Service of requests under paragraph 4

6

A request under paragraph 4 above shall be deemed to be served on the payee if it is served on a person who receives the service charge on behalf of the payee; and a person on whom a request is so served shall forward it as soon as possible to the payee.

Effect of disposal

7

A disposal of the dwelling-house by the payer shall not effect the validity of a request made under paragraph 4 above before the disposal, but a person shall not be obliged to provide a summary or make the facilities available more than once for the same dwelling-house and for the same period.

Determination of reasonableness

8

Any agreement made by the payer, other than an arbitration agreement within the meaning of section 32 of the Arbitration Act 1950, shall be void in so far as it purports to provide for a determination in a particular manner or on particular evidence of any question whether any amount payable before costs for services, repair, maintenance, insurance or management are incurred is reasonable, whether such costs were reasonably incurred or whether services or works for which costs were incurred or of a reasonable standard.

Offences

9

(1) If any person without reasonable excuse fails to perform any duty imposed on him by this Schedule he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale (as defined in section 75 of the Criminal Justice Act 1982).

(2) Where an offence under this paragraph which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its members, sub-paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Exceptions

10

(1) Where the payee is a body mentioned in sub-paragraph (2) below—

(a) paragraph 9 above does not apply, and

(b) the persons who are qualified accountants include a member of the Chartered Institute of Public Finance and Accountancy and paragraph 11(2)(b) below does not apply.

(2) The bodies referred to in sub-paragraph (1) above are—

(a) a local authority or development corporation (as defined in section 50(1) of the 1980 Act),

(b) the council of a county,

(d) the Development Board for Rural Wales.

Definitions

11

(1) Subject to sub-paragraph (2) below, a person is a qualified accountant if he is either a member of one of the following bodies—

(a) the Institute of Chartered Accountants in England and Wales;

(b) the Institute of Chartered Accountants of Scotland;

(d) The Institute of Chartered Accountants in Ireland;

(e) any other body of accountants established in the United Kingdom and recognised by the Secretary of State for the purposes of section 161(1)(a) of the Companies Act 1948,

or a person who is for the time being authorised by the Secretary of State under section 161(1)(b) of that Act as being a person with similar qualifications obtained outside the United Kingdom.

(2) None of the following is a qualified accountant—

(a) a body corporate;

(b) an officer or employee of the payee or, where the payee is a company, of a company which is the payee’s holding company or subsidiary (within the meaning of section 154 of the Companies Act 1948) or a subsidiary of the payee’s holding company; and

(3) A Scottish firm is a qualified accountant, notwithstanding sub-paragraph (2)(a) above, if each of the partners in it is a qualified accountant.

12

“Payee” means the person who is entitled to enforce payment of the service charge.

13

“Payer” means the person liable to pay the service charge.

SCHEDULE 5

Vesting of dwelling-house with leave of court

1

(1) In any case where this Schedule applies, the authority may, if the county court gives it leave to do so, by deed vest the dwelling-house in itself—

(a) for such estate and interest in the dwelling-house as is the subject of the mortgage or as it would be authorised to sell or convey on exercising its power of sale; and

(b) freed from all estates, interests and rights to which the mortgage has priority,

but subject to all estates, interests and rights which have priority to the mortgage.

(2) Where application for leave under this paragraph is made to the county court, the court may adjourn the proceedings or postpone the date for the execution of the authority’s deed for such period or periods as the court thinks reasonable.

(3) Any such adjournment or postponement may be made subject to such conditions with regard to payment by the mortgagor of any sum secured by the mortgage or the remedy of any default as the court thinks fit; and the court may from time to time vary or revoke any such condition.

Effect of vesting

2

(1) On the vesting of the dwelling-house the authority’s mortgage term or charge by way of legal mortgage, and any subsequent mortgage term or charge, shall merge or be extinguished as respects the dwelling-house.

(2) Where the dwelling-house is registered under the Land Registration Acts 1925 to 1971, the Chief Land Registrar shall, on application being made to him by the authority, register the authority as proprietor of the dwelling-house free from all estates, interests and rights to which its mortgage had priority, and he shall not be concerned to inquire whether any of the requirements of this Schedule were complied with.

(3) Where the authority conveys the dwelling-house, or part of it, to any person—

(a) he shall not be concerned to inquire whether any of the provisions of this Schedule were complied with; and

(b) his title shall not be impeachable on the ground that the dwelling-house was not properly vested in the authority or that those provisions were not complied with.

(4) A dwelling-house vested under this Schedule in a local authority (as defined in section 50 of the 1980 Act) shall be treated as acquired under Part V of the 1957 Act.

Compensation and accounting

3

(1) Where, under paragraph 1 above, the authority has vested the dwelling-house in itself it shall appropriate a fund equal to the aggregate of—

(a) the amount agreed between the authority and the mortgagor or determined by the district valuer as being the amount which under sub-paragraph (2) below is to be taken as the value of the dwelling-house at the time of the vesting; and

(b) interest on that amount for the period beginning with the vesting and ending with the appropriation at the rate or rates prescribed for that period under section 32 of the Land Compensation Act 1961.

(2) The value of the dwelling-house at the time of the vesting shall be taken to be the price which, at that time, the interest vested in the authority would realise if sold on the open market by a willing vendor on the assumption that any prior incumbrances to which the vesting is not made subject would be discharged by the vendor.

(3) The fund shall be applied—

(a) first, in discharging, or payin sums into court for meeting, any prior incumbrances to which the vesting is not made subject;

(b) secondly, in recovering the costs, charges and expenses properly incurred by the authority as incidental to the vesting of the dwelling-house;

(d) fourthly, in recovering any amount which falls to be paid under the covenant required by section 104B(2) of the 1957 Act, section 8(1) of the 1980 Act or paragraph 6(1) or 7(1) of Schedule 3 to this Act or any provision of the conveyance or grant to the like effect;

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Housing and Building Control Act 1984

Approved inspectors.

41

Plans certificates.

42

Final certificates.

43

Cancellation of initial notice.

44

Effect of initial notice ceasing to be in force.

45

Supervision of their own work by public bodies

Giving, acceptance and effect of public body’s notice.

46

Supplemental

Appeals.

47

Register of notices and certificates.

48

Offences.

49

Information, reports and returns.

50

Interpretation of Part II.

51

PART III — Miscellaneous Amendments Relating to Building Work

Exemptions and relaxations for public bodies

Exemption of local authorities etc. from procedural requirements of building regulations.

52

Power of certain public bodies to relax requirements of building regulations for their own works.

53

Approved documents giving practical guidance

Approval of documents for purposes of building regulations. .

54

Compliance or noncompliance with approved documents.

55

Certification and reports

Certificates of compliance with building regulations.

56

Methods of challenging section 65 notices.

57

Miscellaneous

Charges by local authorities for performing functions relating to building regulations.

58

Amendments of enactments relating to building regulations.

59

Amendments of enactments relating to sanitation and buildings.

60

Repeal of the Building Control Act 1966.

61

Interpretation of Part III.

62

PART IV — Miscellaneous and General

Financial provisions.

63

Minor and consequential amendments.

64

Repeals.

65

Short title, commencement and extent.

66

SCHEDULE 1

1

2

3

4

5

6

7

8

9

10

11

12

SCHEDULE 2

SCHEDULE 3

Tenant’s initial share

1

Tenant’s initial contribution

2