Building Act 1984

Duties of local authorities.

Consequential amendments and repeals.

Supplementary provisions as to entry.

Application to Temples.

Drainage of new building.

Construction of certain references concerning Temples.

2A

• (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.

1A

• (1) In making building regulations the appropriate 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) or the Historic Environment (Wales) Act 2023 (see section 76 of that Act); and

• (b) buildings situated in areas designated as conservation areas under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or under section 158 of the Historic Environment (Wales) Act 2023.

91A

• (1) A relevant authority shall keep in a register such information and documents as may be prescribed in connection with their functions, powers and duties conferred or imposed by or under this Act.

• (2) The information and documents that may be prescribed for the purposes of subsection (1) above include, in particular—

• (a) documents that are given or issued to , or deposited with, a relevant authority in accordance with provision made by or under this Act, or copies of such documents;

• (b) copies of documents that are given, made or issued by a relevant authority in accordance with provision so made;

• (c) information with respect to documents of the kind mentioned in paragraph (a) or (b);

• (d) information with respect to matters to which such documents relate.

• (3) Information and documents that are required to be kept in a register under subsection (1) above shall be so kept for the prescribed period.

• (4) A relevant authority—

• (a) shall maintain the register required under subsection (1) above in the prescribed manner;

• (b) shall ensure that the register is available for inspection by members of the public during prescribed periods;

• (c) shall, in prescribed circumstances, provide to members of the public, on request, copies of information and documents kept in the register;

• (d) may, in prescribed circumstances, charge a member of the public to whom they provide such copies a fee calculated in the prescribed manner.

• (5) In this section—

• “documents” includes notices, certificates, orders, consents, demands and plans;

• “prescribed” means prescribed by regulations made by the appropriate national authority under this section.

• “relevant authority” means a local authority or the regulator.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4A

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4B

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Registers to be kept by local authorities and the regulator

Drainage of building.

Duties of local authorities.

Effect of amendment notice

Drainage of building.

35A

• (1) Despite anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43), an information relating to an 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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tests for conformity with building regulations.

Classification of buildings.

Change of person intending to carry out work

Use and ventilation of soil pipes.

Consultation with fire authority.

Removal or alteration of offending work.

Giving and acceptance of initial notice.

Effect of amendment notice

Power to enter premises.

Meaning of “building”.

General interpretation.

Power to make building regulations.

Removal or alteration of offending work.

Giving and acceptance of initial notice.

Construction of certain references concerning Temples.

Transitional provisions.

Construction of certain references concerning Temples.

Transitional provisions.

Construction of certain references concerning Temples.

Application of provisions by building regulations.

Application to inner London.

Drainage of new building.

94A

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Drainage of new building.

Byelaws about demolition.

Restriction of application of Part IV of Act.

Byelaws about demolition.

Drainage of new building.

Construction of certain references concerning Temples.

Transitional provisions.

Application to inner London.

Application to inner London.

Drainage of new building.

Byelaws about demolition.

Restriction of application of Part IV of Act.

Byelaws about demolition.

Application to Temples.

Drainage of new building.

Restriction of application of Part IV of Act.

Application to inner London.

Application to inner London.

General interpretation.

2B

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

Duty to review minimum energy performance requirements

2C

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.

Fees, charges and levies

Fees and charges

105B

• (1) The appropriate national authority may by regulations make provision authorising a relevant authority—

• (a) to charge fees, and

• (b) to recover charges,

for or in connection with the performance of any of its functions under, or under an instrument made under, this Act.

• (2) The regulations may—

• (a) prescribe a fee or charge, or

• (b) provide for the amount of any fee or charge to be determined by the relevant authority in accordance with the regulations;

and may make provision about the effect of failing to pay a fee or charge in accordance with the regulations.

• (3) The regulations may in particular—

• (a) provide that the amount of any charge is to be determined by the relevant authority in accordance with a scheme made and published by it, and

• (b) make provision about such schemes, including the principles to be embodied in such schemes.

• (4) In this section “relevant authority” means—

• (a) in relation to England, the regulator or a local authority for an area in England;

• (b) in relation to Wales, the Welsh Ministers or a local authority for an area in Wales.

120A

• (1) This section applies to regulations under section 54A, 55, 56A, 56B, 90A, 91A, 92, 105B, 105C, 120D, 120I or 125A.

• (2) A power to make regulations includes power to make—

• (a) consequential, supplementary, incidental, transitional, transitory or saving provision;

• (b) different provision for different purposes or for different areas.

• (3) Regulations may describe a building by reference to its height, size, design, use, purpose or any other characteristic.

• (4) Regulations under section 54A may make such consequential amendments of this Act as the appropriate national authority considers appropriate.

• (5) Regulations under section 90A may make such consequential amendments of this Act as the Secretary of State considers appropriate.

• (6) Regulations are to be made by statutory instrument.

• (7) A statutory instrument containing (whether alone or with other provision)—

• (a) regulations under section 54A, 90A, 105C or 125A, or

• (b) regulations under section 120D(2)(b) or (6), or regulations made by virtue of section 120D(4)(c),

may not be made by the Secretary of State unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (8) Any other statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

• (9) A statutory instrument containing (whether alone or with other provision) regulations under section 54A, 120I(2) or 125A may not be made by the Welsh Ministers unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

• (10) Any other statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of Senedd Cymru.

Proposals and consultation relating to regulations made by the Secretary of State

120B

• (1) The regulator may at any time make proposals to the Secretary of State for the making of regulations under this Act.

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

• (3) Before making any regulations under this Act, other than regulations 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.

• (4) This section does not apply in relation to regulations under section 120D.

Consultation relating to regulations made by the Welsh Ministers

120C

• (1) Before making any regulations under this Act except building regulations or regulations under section 120I, the Welsh Ministers must consult such persons as they consider appropriate.

• (2) Before making any regulations under section 120I, the Welsh Ministers must consult—

• (a) the Building Regulations Advisory Committee for Wales, and

• (b) any other person that the Welsh Ministers consider appropriate.

• (3) See also section 14 (consultation requirements for building regulations).

Higher-risk buildings etc

Meaning of “higher-risk building”: England

120D

• (1) This section applies for the purposes of this Act as it applies in relation to England.

• (2) “Higher-risk building” means a building in England that—

• (a) is at least 18 metres in height or has at least 7 storeys, and

• (b) is of a description specified in regulations made by the Secretary of State.

• (3) The Secretary of State may by regulations make provision supplementing this section.

• (4) The regulations may in particular—

• (a) define “building” or “storey” for the purposes of this section;

• (b) make provision about how the height of a building is to be determined for those purposes;

• (c) provide that “higher-risk building” does not include a building of a specified description.

• (5) Regulations made by virtue of subsection (4)(a) may in particular define “building” so as to provide that it includes—

• (a) any other structure or erection of any kind (whether temporary or permanent);

• (b) any vehicle, vessel or other movable object of any kind, in such circumstances as may be specified.

• (6) The Secretary of State may by regulations amend this section (other than subsection (1) or (3) or this subsection).

• (7) For the meaning of “higher-risk building work” see section 91ZA.

120E

• (1) Before making regulations under section 120D, the Secretary of State must consult—

• (a) the regulator, and

• (b) such other persons as the Secretary of State considers appropriate.

• (2) But the regulator need not be consulted if—

• (a) the regulations give effect to a recommendation made by the regulator under section 120G, or

• (b) the Secretary of State has under section 120H asked the regulator for advice about the description of building in question.

120F

• (1) This section applies if the Secretary of State proposes to make regulations under section 120D that would result in a description of building (including anything within subsection (5) of that section) becoming a higher-risk building for the purposes of this Act as it applies in relation to England.

• (2) The Secretary of State must ask the regulator under section 120H(1) for advice about the description of building, except where the regulations would give effect to a recommendation under section 120G(2).

• (3) The Secretary of State must carry out a cost-benefit analysis and publish it.

• (4) In this section “cost-benefit analysis” means—

• (a) an analysis of the costs together with an analysis of the benefits that will arise if the regulations are made, and

• (b) an estimate of those costs and of those benefits (subject to subsection (5)).

• (5) If, in the opinion of the Secretary of State—

• (a) the costs or benefits cannot reasonably be estimated, or

• (b) it is not reasonably practicable to produce an estimate,

the cost-benefit analysis need not estimate them, but must include a statement of the Secretary of State’s opinion and an explanation for it.

Recommendations about regulations under section 120D

120G

• (1) Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers—

• (a) that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description,

• (b) that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and

• (c) that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England.

• (2) The regulator must—

• (a) recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act, and

• (b) give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation.

• (3) If, following a recommendation, the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out—

• (a) the regulator’s recommendation,

• (b) the Secretary of State’s decision not to make the regulations, and

• (c) the reasons for that decision.

• (4) If the regulator considers that a particular description of higher-risk building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England, it must make a recommendation to the Secretary of State to that effect.

• (5) In this section—

• “building safety risk” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building—the spread of fire;structural failure;any other matter prescribed by regulations under section 62 of the Building Safety Act 2022 in relation to all buildings, or in relation to a description of building that includes the building;

• “major incident” means an incident resulting in—a significant number of deaths, orserious injury to a significant number of people.

Advice about regulations under section 120D

120H

• (1) Subsections (2) to (5) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of this Act as it applies in relation to England.

• (2) The regulator must consider whether the following conditions are met—

• (a) the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description;

• (b) the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident;

• (c) the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England.

• (3) The regulator must—

• (a) if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England;

• (b) otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes.

• (4) The regulator must give the Secretary of State a statement of its assessment of the issues it considered in relation to the recommendation under subsection (3).

• (5) If, following a recommendation under subsection (3)(a), the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out—

• (a) the regulator’s recommendation,

• (b) the Secretary of State’s decision not to make the regulations, and

• (c) the reasons for that decision.

• (6) If requested, the regulator must provide advice to the Secretary of State as to whether a specified description of building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England.

• (7) In this section—

• “building safety risk” has the meaning given by section 120G;

• “major incident” has the meaning given by that section;

• “specified” means specified in the request.

Higher-risk buildings and higher-risk building work: Wales

120I

• (1) This section applies for the purposes of this Act as it applies in relation to Wales.

• (2) “Higher-risk building” means a building of a description specified in regulations made by the Welsh Ministers.

• (3) “Higher-risk building work” means any work relating to a higher-risk building or a proposed higher-risk building, including—

• (a) any work relating to a building that is not a higher-risk building that causes it to become such a building, and

• (b) any work relating to a higher-risk building that causes it to cease to be such a building.

• (4) The Welsh Ministers may by regulations define “building” for the purposes of this section.

• (5) The regulations may in particular provide that “building” includes—

• (a) any other structure or erection of any kind (whether temporary or permanent);

• (b) any vehicle, vessel or other movable object of any kind, in such circumstances as may be specified.

Determination by appropriate national authority

30A

• (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.

Notices in respect of contraventions

Compliance notices

35B

• (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.

Stop notices

35C

• (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.

35D

• (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.

39A

• (1) A person to whom a compliance notice has been given may appeal to the appropriate court or tribunal.

• (2) Where an appeal under subsection (1) is made—

• (a) the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and

• (b) the specified period mentioned in section 35B(2) is treated as extended by the period—

• (i) beginning with the day on which the appeal is made, and

• (ii) ending with the day on which the appeal is finally determined or withdrawn.

• (3) A person to whom a compliance notice has been given may apply to the appropriate court or tribunal for an extension of the period for the doing of the thing specified in the notice.

• (4) Subsection (2) applies in relation to such an application as it applies in relation to an appeal under subsection (1).

• (5) A person to whom a stop notice has been given may appeal to the appropriate court or tribunal.

• (6) Where an appeal under subsection (5) is made—

• (a) the appellant may apply to the appropriate court or tribunal for a direction that the stop notice is of no effect pending the final determination or withdrawal of the appeal, and

• (b) unless and until any such direction is given, the stop notice continues to have effect despite the making of the appeal.

43A

• (1) This section applies to an appeal to the regulator or the tribunal made under section 20(5), 39 or 50(2).

• (2) On determining the appeal, the regulator or the tribunal may give any directions it considers appropriate for giving effect to its determination.

• (3) Where the appeal is determined by the regulator, a relevant person may appeal to the tribunal against the regulator’s decision (and subsection (2) applies in relation to this appeal).

• (4) “Relevant person” means—

• (a) the appellant;

• (b) the local authority or registered building control approver.

Building control authorities: restricted activities and functions

46A

• (1) A building control authority may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the authority’s behalf, whose registration has effect in relation to work of that description.

• (2) Before each exercise of a restricted function in relation to any work, a building control authority must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.

• (3) The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the authority.

• (4) In this section—

• “restricted activity” means an activity that is prescribed for the purposes of this section;

• “restricted function” means a function of a building control authority under—this Part,Part 3, orregulations made under this Part or Part 3,that is prescribed for the purposes of this section.

Cancellation of initial notice when work becomes higher-risk building work

52A

• (1) If, at a time when an initial notice is in force, it appears to the registered building control approver that some or all of the work has become higher-risk building work, the registered building control approver must, as soon as is reasonably practicable, cancel the relevant part of the initial notice by notice in the prescribed form given to—

• (a) the local authority concerned, and

• (b) the person carrying out or intending to carry out the work.

• (2) 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 that some or all of the work has become higher-risk building work, the person must, as soon as is reasonably practicable, cancel the relevant part of the initial notice by notice in the prescribed form given to—

• (a) the local authority concerned, and

• (b) the registered building control approver.

• (3) Where a person is required to give a notice under subsection (1) or (2) in relation to higher-risk building work in England, the person must, as soon as is reasonably practicable, give a copy of that notice to the regulator.

• (4) If, at a time when an initial notice is in force, it appears to the local authority concerned that some or all of the work has become higher-risk building work, the authority must cancel the relevant part of the initial notice by notice in the prescribed form given to—

• (a) the registered building control approver, and

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

• (5) Where a local authority is required to give a notice under subsection (4) in relation to higher-risk building work in England, the local authority must give a copy of that notice to the regulator.

• (6) A person commits an offence if they fail without reasonable excuse to—

• (a) give to a local authority a notice that the person is required to give by subsection (1) or (2);

• (b) give to the regulator a copy of a notice that the person is required to give by subsection (3).

• (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine.

• (8) Where a notice is given under any of subsections (1), (2) and (4) (a “cancellation notice”)—

• (a) the part of the initial notice to which the cancellation notice relates is cancelled with effect from the day on which the cancellation notice is given, and

• (b) a new initial notice may not be given in relation to any of the work to which the cancelled part of the initial notice related.

• (9) In this section “the relevant part of the initial notice” means so much of the initial notice as relates to work that has become higher-risk building work.

Effect of initial notice ceasing to be in force where work becomes higher-risk building work

52B

• (1) This section applies where an initial notice ceases to be in force, whether in whole or in part, by virtue of section 47(4)(b)(ia) (higher-risk building work).