Legalize / United Kingdom / Public General Act

Building Act 1984

Type Public General Act

Publication 1984-10-31

Last updated 2026-01-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) If, before the day on which the relevant part of the initial notice ceased to be in force, a final certificate—

(a) was given in respect of part of the work to which the relevant part of the initial notice relates, and

(b) was accepted by the local authority,

the fact that the relevant part of the initial notice has ceased to be in force does not affect the continuing operation of section 51(3) in relation to that part of the work.

(3) The building control authority in relation to any of the uncertified work is—

(a) in England, the regulator, and

(b) in Wales, the relevant local authority (within the meaning of section 121A (2)).

(4) In subsection (3), the “uncertified work” means any of the work—

(a) to which the relevant part of the initial notice relates, and

(b) in respect of which no final certificate has been accepted by the local authority as mentioned in subsection (2).

(5) Sections 91(3) (duties of the regulator) and 121A (1) (meaning of “building control authority”) apply as if, in each case, the reference to section 91ZA or 91ZB were a reference to section 52B, 91ZA or 91ZB.

(6) In any case where this section applies, the reference in subsection (4) of section 36 to the date of the completion of the work in question has effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the relevant part of the initial notice ceased to be in force.

(7) In this section “the relevant part of the initial notice” means so much of the initial notice as was cancelled by a notice under section 52A (cancellation of initial notice when work becomes higher-risk building work).

Lapse of initial notice

53A

(1) This section applies where—

(a) on any day (“the relevant day”) an initial notice is given in respect of any work, and

(b) the initial notice is accepted.

(2) Where the work relates to one building and is not commenced within 3 years from the end of the relevant day—

(a) the initial notice ceases to be in force, and

(b) if a plans certificate relating to the work (or any part of it) has been accepted, the relevant provisions have effect as if the certificate had not been given (or accepted).

(3) Where the work relates to more than one building, and the work in relation to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day—

(a) the initial notice ceases to be in force so far as it relates to the relevant work, and

(b) if a plans certificate relating to the relevant work (or any part of it) has been accepted, the relevant provisions have effect as if, as regards the relevant work, the certificate had not been given (or accepted).

(4) For the purposes of subsection (3)(b) it does not matter whether the plans certificate also relates to work other than the relevant work.

(5) In this section “the relevant provisions” has the meaning given by section 32.

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

New initial notice: change of registered building control approver

53B

(1) This section applies where a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases).

(2) Where the new initial notice is accepted by the local authority the registered building control approver must take all reasonable steps to determine whether the unfinished work contravenes any provision of building regulations (including where necessary by carrying out inspections and laying open any work).

(3) If the registered building control approver determines that the unfinished work does not contravene any provision of building regulations, the approver must give a transfer certificate and a transfer report to the local authority before the end of the relevant period.

(4) If the registered building control approver is unable to make the determination referred to in subsection (3), the approver must—

(a) give the person carrying out or intending to carry out the work a notice setting out why they were unable to make the determination, and

(b) give a copy of that notice to the local authority.

(5) A transfer certificate must—

(a) confirm that the registered building control approver has determined that the unfinished work up to the date of the certificate does not contravene any provision of building regulations, and

(b) contain the prescribed information.

(6) A transfer report must contain any plans, documents or other information related to the confirmation in subsection (5)(a).

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

(a) the period of 21 days beginning with the day on which the new initial notice is accepted or such other period as may be prescribed, or

(b) such longer period as may be agreed by the local authority following a request from the registered building control approver.

(8) A transfer certificate given by a registered building control approver—

(a) does not impose any liability, whether civil or criminal, on the registered building control approver for any work carried out by the previous registered building control approver, and

(b) does not affect any liability, whether civil or criminal, of the previous registered building control approver for work carried out by that approver.

(9) In this section “unfinished work” means all of the work to which the original initial notice related, except for any work in respect of which a final certificate was accepted by the local authority.

Consideration of transfer certificate and report

53C

(1) This section applies where a registered building control approver gives a transfer certificate and a transfer report to a local authority in accordance with section 53B (3).

(2) The local authority must, by notice, accept or reject the certificate and report before the end of the relevant period.

(3) The local authority may reject the certificate and report only if—

(a) any of the prescribed grounds exist, or

(b) the registered building control approver fails to comply with a requirement in subsection (4) to give information to the local authority.

(4) During the period of 21 days beginning with the day on which the transfer certificate and transfer report is given to the local authority or such other period as may be prescribed, the local authority may, by notice, require the registered building control approver to give to the local authority such information as may be specified in the notice.

(5) The registered building control approver must give the information specified in the notice to the local authority before the end of the period of seven days beginning with the day on which the notice is given or such other period as may be prescribed.

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

(a) the period of 21 days beginning with the day on which the transfer certificate and transfer report is given to the local authority or such other period as may be prescribed, or

(b) such longer period as is determined in accordance with subsection (7).

(7) Where—

(a) a local authority requires a registered building control approver to give information to the local authority under subsection (4), and

(b) the day by which the information is required to be given would (but for this subsection) fall within the final seven days of the relevant period or would fall outside the relevant period,

the relevant period is to be extended to the end of the period of seven days beginning with the day after the day by which the information is required to be given.

(8) Where a local authority requires a registered building control approver to give information to the local authority under subsection (4), the local authority must give a copy of the notice to the person shown in the initial notice as the person intending to carry out the work.

Cancellation of initial notice: change of registered building control approver

53D

(1) This section applies where—

(a) a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases), and

(b) the notice is accepted by the local authority.

(2) If, at a time when the initial notice is in force—

(a) the registered building control approver does not give the local authority a transfer certificate and transfer report in accordance with section 53B (3), or

(b) the local authority rejects the transfer certificate and transfer report in accordance with section 53C,

the local authority must cancel the initial notice by notice in the prescribed form given to the registered building control approver and the person shown in the initial notice as the person intending to carry out the work.

(3) The person carrying out or intending to carry out the work to which the initial notice relates may, at a time—

(a) when the initial notice is in force, and

(b) before the local authority accepts or rejects the transfer certificate and report in accordance with section 53C,

cancel the initial notice by notice in the prescribed form given to the local authority and, if it is practicable to do so, to the registered building control approver.

(4) A notice under subsection (2) or (3) has the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given.

(5) Where an initial notice ceases to be in force by virtue of subsection (2) or (3), a new initial notice may not, except in prescribed circumstances, be given in relation to any of the work to which the cancelled notice related.

(6) Where an initial notice ceases to be in force by virtue of subsection (2) or (3)—

(a) for the purpose of enabling the local authority to perform the functions referred to in section 48(1) in relation to any part of the work, building regulations may require the local authority to be provided with plans that relate to that part of the work, and

(b) section 53(5) applies in relation to the notice as it applies in relation to an initial notice that ceases to be in force as referred to in section 53(1).

(7) This section is without prejudice to any other provisions of this Part relating to when an initial notice ceases to be in force.

Restriction on functions of registered building control approvers

53E

(1) This section applies where—

(a) a new initial notice is given in accordance with section 53(7)(a) (change of registered building control approver in certain cases), and

(b) the notice is accepted by the local authority.

(2) During the period in respect of which—

(a) the notice is in force, but

(b) a transfer certificate and a transfer report have not been accepted by the local authority,

the registered building control approver may not exercise the relevant functions.

(3) In this section the “relevant functions” are the functions of a registered building control approver under, or under regulations made under—

(a) section 50 (plans certificates);

(b) section 51 (final certificates);

Public bodies and higher-risk building work

54A

(1) The appropriate national authority may by regulations make such amendments of the provisions listed in subsection (2) as the authority considers appropriate in connection with higher-risk building work.

(2) The provisions are—

(a) section 5;

(b) section 54;

Registered building control approvers: restricted activities and functions

54B

(1) This section applies to a registered building control approver who is not a registered building inspector.

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

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

(4) 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 approver.

(5) In this section—

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

“restricted function” means a function of a registered building control approver under this Part, or regulations made under this Part, that is prescribed for the purposes of this section.

(6) A registered building control approver who contravenes subsection (2) or (3) without reasonable excuse commits an offence.

(7) An offence under this section is punishable on summary conviction by a fine.

Giving information by electronic means: England

56A

(1) The regulator must establish and maintain a facility (the “facility”) to enable a specified person to give specified relevant information to another person by electronic communication.

(2) The Secretary of State may by regulations require or authorise a specified person to use the facility when giving specified relevant information to another person.

(3) Any information given to a person in accordance with regulations made under subsection (2) is to be treated for the purposes of section 56B (requirement to keep register) as also having been given to the regulator.

(4) Regulations under this section may require a person who is given specified relevant information otherwise than through the facility to give that information to the regulator using the facility.

(5) Regulations under this section may make provision treating specified relevant information that is given using the facility as having been given in the prescribed form for the purposes of this Part.

(6) In this section—

“relevant information” means information that is required or authorised to be given by this Part or regulations made under it;

“specified” means specified in regulations made by the Secretary of State under this section.

(7) In this section and section 56B—

“information” includes documents;

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

(8) The Secretary of State may make regulations under this section only in relation to England.

Requirement to keep register: England

56B

(1) The regulator must keep a register of specified relevant information.

(2) The information that may be specified for the purposes of subsection (1) includes in particular information given, or treated as having been given, to the regulator using the facility established under section 56A (1).

(3) The regulator—

(a) must maintain the register in electronic form;

(b) must ensure that any specified parts of the register are available for inspection by members of the public;

(c) must, in specified circumstances, provide to members of the public, on request, copies of information kept in the register.

(4) In this section—

“relevant information” means information that is required or authorised to be given by this Part or regulations made under it;

“specified” means specified in regulations made by the Secretary of State under this section.

(5) The Secretary of State may make regulations under this section only in relation to England.

56C

(1) The regulator may by written notice delegate to a person, to such extent and subject to such conditions as the regulator considers appropriate, the functions conferred on the regulator by—

(a) section 56A (1);

(b) section 56B (1) and (3) (including the ability to charge fees in connection with the exercise of those functions).

(2) In subsection (1) “fees” means fees that are prescribed by, or determined by the regulator in accordance with, regulations under section 105B.

(3) The regulator may delegate different functions to different persons under subsection (1).

(4) The regulator may delegate functions under subsection (1) only with the consent of the Secretary of State.

(5) The regulator may revoke a delegation of functions to a person by giving a written notice to the person.

(6) The regulator may revoke a delegation under subsection (5) only with the consent of the Secretary of State.

(7) Schedule 3 to the Building Safety Act 2022 (information sharing) applies as if references to the regulator included references to a person to whom the regulator has delegated functions under subsection (1)(b).

Part 2A — REGULATION OF BUILDING CONTROL PROFESSION

Interpretation

“Regulatory authority”

58A

In this Act the “regulatory authority” means—

(a) in relation to England, the regulator;

(b) in relation to Wales, the Welsh Ministers.

Registered building inspectors

“Registered building inspector”

58B

In this Act “registered building inspector” means an individual registered as a building inspector in accordance with this Part.

Register of building inspectors

58C

(1) The regulatory authority must establish and maintain a register of building inspectors.

(2) The register may provide for different classes of building inspectors (for example, according to qualifications or experience).

(3) The regulatory authority must register an individual as a building inspector, or a building inspector of a particular class, if—

(a) the individual makes an application for registration in accordance with section 58D, and

(b) the authority is satisfied that the individual meets such criteria as the authority may from time to time determine.

(4) Registration may—

(a) have effect in relation to all work or in relation to work of a particular description;

(b) be subject to conditions.

(5) Registration must be for a prescribed period.

(6) The register must record, in relation to each registered building inspector—

(a) the individual’s name and business address;

(b) if the individual is employed by a building control authority or a registered building control approver, the name and business address of that person;

(d) if the individual’s registration has effect in relation to work of a particular description, that description of work;

(e) any conditions to which the individual’s registration is subject;

(f) the period for which the individual is registered;

(g) if the individual’s registration has been varied by an order under section 58I (2)(b), that fact and the effect of the variation;

(h) if the individual’s registration has been suspended by an order under section 58I (2)(c) or 58J (2), that fact and the period of the suspension;

(i) any matters that are prescribed.

(7) The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate.

Application for registration as building inspector

58D

(1) An application for registration as a building inspector must—

(a) be made in such form and manner, and

(b) be accompanied by such information and supporting evidence,

as the regulatory authority may from time to time determine.

(2) The regulatory authority may make different provision about those matters for different cases.

(3) When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require.

(4) The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application.

58E

(1) A registered building inspector may apply for the variation or cancellation of their registration.

(2) Section 58D applies to such an application as it applies to an application for registration.

58F

(1) The regulatory authority must prepare and publish a code of conduct for registered building inspectors.

(2) The code must set out standards of professional conduct and practice expected of registered building inspectors.

(3) The code may make different provision for different cases (for example, for different descriptions of work).

(4) The regulatory authority may revise the code of conduct at any time (and must publish any revised code).

58G

(1) The regulatory authority may by notice in writing require a registered building inspector to provide the authority with any documents or information the authority reasonably requires for the purposes its functions under sections 58B to 58M.

(2) The notice must specify—

(a) the documents or information required,

(b) the date by which they must be provided, and

Professional misconduct investigations

58H

(1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building inspector may be guilty of professional misconduct, the authority may investigate the matter.

(2) In this Part “professional misconduct”, in relation to a registered building inspector, means conduct that—

(a) falls short of the standards of conduct and practice expected of registered building inspectors, or

(b) is likely to bring the profession of registered building inspectors into disrepute.

(3) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building inspector under this section (which must include an opportunity for the inspector to make representations).

(4) The regulatory authority may revise the statement at any time (and must publish any revised statement).

Sanctions for professional misconduct

58I

(1) If following an investigation under section 58H the regulatory authority determines that an individual who is a registered building inspector is guilty of professional misconduct, the authority may make one or more disciplinary orders.

(2) A disciplinary order is an order—

(a) requiring the individual to pay a financial penalty of an amount specified in the order,

(b) varying the individual’s registration in a way specified in the order,

(d) cancelling the individual’s registration from a date specified in the order.

(3) Varying the individual’s registration means varying any of the matters listed in section 58C (4) (limitations and conditions).

(4) Where the regulatory authority makes a disciplinary order it must give a copy of the order to the individual concerned as soon as reasonably practicable.

(5) The individual may appeal to the appropriate court or tribunal against a disciplinary order under this section.

(6) A disciplinary order under subsection (2)(a) or (b) has no effect until—

(a) the end of the period within which an appeal may be brought, or

(b) if an appeal is brought before the end of that period, the determination of the appeal.

(7) Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a).

Interim suspension for suspected serious professional misconduct

58J

(1) This section applies where the regulatory authority considers that—

(a) an individual who is a registered building inspector may be guilty of professional misconduct, and

(b) the suspected misconduct is so serious that, if the authority determines that the individual is guilty, it is likely to make an order under section 58I (2)(d) cancelling the individual’s registration.

(2) The regulatory authority may by order suspend the individual’s registration for a period specified in the order (which must not exceed 3 months).

(3) The regulatory authority may revoke the order before the end of that period.

(4) Where the regulatory authority makes (or revokes) an order under this section it must give a copy of the order (or notice of the revocation) to the individual concerned as soon as reasonably practicable.

(5) The individual may appeal to the appropriate court or tribunal against an order under this section.

58K

An individual whose registration is suspended under section 58I (2)(c) or 58J (2) is not a registered building inspector for the purposes of section 46A or 54B (restricted activities and functions) (but is a registered building inspector for the purposes of this Part).

58L

(1) A registered building inspector commits an offence if, without reasonable excuse, they carry out a restricted activity on behalf of a building control authority or a registered building control approver—

(a) in relation to work which is outside the scope of their registration, or

(b) while their registration is suspended.

(2) “Restricted activity”—

(a) in relation to a building control authority, has the meaning given by section 46A;

(b) in relation to a registered building control approver, has the meaning given by section 54B.

(3) A registered building inspector commits an offence if, without reasonable excuse—

(a) they give advice to a building control authority or registered building control approver—

(i) in relation to work which is outside the scope of their registration, or

(ii) while their registration is suspended, and

(b) they know, or ought to know, that the authority or approver is obtaining that advice for the purposes of section 46A or 54B (restricted functions).

(4) A registered building inspector commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration.

(5) A registered building inspector whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended.

(6) For the purposes of this section, work is outside the scope of a registered building inspector’s registration if the inspector’s registration does not have effect in relation to work of that description.

(7) An offence under this section is punishable on summary conviction by a fine.

Offence of acting as, or pretending to be, a registered building inspector

58M

(1) A person who is not a registered building inspector commits an offence if, with intent to deceive, the person—

(a) impersonates a registered building inspector, or

(b) does anything (including using any name, title or description) which implies that the person is a registered building inspector.

(2) An offence under this section is punishable on summary conviction by a fine.

Registered building control approvers

“Registered building control approver”

58N

In this Act “registered building control approver” means a person registered as a building control approver in accordance with this Part.

Register of building control approvers

58O

(1) The regulatory authority must establish and maintain a register of building control approvers.

(2) The regulatory authority must register a person as a building control approver if—

(a) the person makes an application for registration in accordance with section 58P, and

(b) the authority is satisfied that the person meets such criteria as the authority may from time to time determine.

(3) Registration may—

(a) have effect in relation to all work or in relation to work of a particular description;

(b) be subject to conditions.

(4) Registration must be for a prescribed period.

(5) The register must record, in relation to each registered building control approver—

(a) the person’s name and business address;

(b) whether the person’s registration has effect in relation to all work or work of a particular description;

(d) any conditions to which the person’s registration is subject;

(e) the period for which the person is registered;

(f) if the person’s registration has been varied by an order under section 58U (2)(b), that fact and the effect of the variation;

(g) if the person’s registration has been suspended by an order under section 58U (2)(c) or 58V (2), that fact and the period of the suspension;

(h) any matters that are prescribed.

(6) The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate.

Application for registration as building control approver

58P

(1) An application for registration as a building control approver must—

(a) be made in such form and manner, and

(b) be accompanied by such information and supporting evidence,

as the regulatory authority may from time to time determine.

(2) The regulatory authority may make different provision about those matters for different cases.

(3) When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require.

(4) The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application.

58Q

(1) A registered building control approver may apply for the variation or cancellation of their registration.

(2) Section 58P applies to such an application as it applies to an application for registration.

58R

(1) The regulatory authority must prepare and publish professional conduct rules applying to registered building control approvers (in addition to operational standards rules applying to them under section 58Z).

(2) Professional conduct rules may in particular make provision about insurance and financial propriety.

(3) The rules may make different provision for different cases (for example, for different descriptions of work).

(4) The regulatory authority may revise the professional conduct rules at any time (and must publish any revised rules).

58S

(1) The regulatory authority may by notice in writing require a registered building control approver to provide the authority with any documents or information the authority reasonably requires for the purposes of its functions under sections 58N to 58X.

(2) The notice must specify—

(a) the documents or information required,

(b) the date by which they must be provided, and

Investigations into contraventions of professional conduct rules

58T

(1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building control approver may have contravened the professional conduct rules, the authority may investigate the matter.

(2) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building control approver under this section (which must include an opportunity for the person to make representations).

(3) The regulatory authority may revise the statement at any time (and must publish any revised statement).

Sanctions for contravention of professional conduct rules

58U

(1) If following an investigation under section 58T the regulatory authority determines that a person who is a registered building control approver has contravened the professional conduct rules, the authority may make one or more disciplinary orders.

(2) A disciplinary order is an order—

(a) requiring the person to pay a financial penalty of an amount specified in the order,

(b) varying the person’s registration in a way specified in the order,

(d) cancelling the person’s registration from a date specified in the order.

(3) Varying the person’s registration means varying any of the matters listed in section 58O (3) (limitations and conditions).

(4) Where the regulatory authority makes a disciplinary order it must as soon as reasonably practicable—

(a) give a copy of the order to the person concerned, and

(b) in prescribed cases, give a copy of the order—

(i) to each local authority in England, where the regulatory authority is the regulator, or

(ii) to each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(5) The person may appeal to the appropriate court or tribunal against a disciplinary order under this section.

(6) A disciplinary order under subsection (2)(a) or (b) has no effect until—

(a) the end of the period within which an appeal may be brought, or

(b) if an appeal is brought before the end of that period, the determination of the appeal.

(7) Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a).

(8) A person whose registration is suspended by an order under subsection (2)(c) is a registered building control approver for the purposes of this Part.

(9) See section 58Z6 (2) for further provision about cancellation of a person’s registration as a building control approver.

Interim suspension for suspected serious contravention

58V

(1) This section applies where the regulatory authority considers that—

(a) a person who is a registered building control approver may have contravened the professional conduct rules, and

(b) the suspected contravention is so serious that, if the authority determines that the contravention has occurred, it is likely to make an order under section 58U (2)(d) cancelling the person’s registration.

(2) The regulatory authority may by order suspend the person’s registration for a period specified in the order (which must not exceed 3 months).

(3) The regulatory authority may revoke the order before the end of that period.

(4) Where the regulatory authority makes (or revokes) an order under this section it must as soon as reasonably practicable—

(a) give a copy of the order (or notice of the revocation) to the person concerned, and

(b) in prescribed cases, give a copy of the order (or notice of the revocation)—

(i) to each local authority in England, where the regulatory authority is the regulator, or

(ii) to each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(5) The person may appeal to the appropriate court or tribunal against an order under this section.

(6) A person whose registration is suspended by an order under this section is a registered building control approver for the purposes of this Part.

58W

(1) A registered building control approver commits an offence if, without reasonable excuse, they exercise a function under this Act, or regulations made under this Act—

(a) in relation to work outside the scope of their registration, or

(b) while their registration is suspended.

(2) A registered building control approver commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration.

(3) A registered building control approver whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended.

(4) For the purposes of this section, work is outside the scope of a registered building control approver’s registration if their registration does not have effect in relation to work of that description.

(5) An offence under this section is punishable on summary conviction by a fine.

Offence of pretending to be a registered building control approver

58X

(1) A person who is not a registered building control approver commits an offence if, with intent to deceive, the person—

(a) impersonates a registered building control approver, or

(b) does anything (including using any name, title or description) which implies that the person is a registered building control approver.

(2) An offence under this section is punishable on summary conviction by a fine.

Delegation of registration functions

58Y

(1) The regulatory authority may delegate its registration functions to another person, to such extent and subject to such conditions as it considers appropriate.

(2) The regulatory authority’s registration functions are its functions under sections 58B to 58X (and include the charging of any registration fees or recovery of any registration charges).

(3) “Registration fees” and “registration charges” mean fees and charges in connection with the regulatory authority’s functions under sections 58B to 58X that are—

(a) prescribed by regulations under section 105B, or

(b) determined by the regulatory authority in accordance with regulations under that section.

(4) The regulatory authority may vary or revoke a delegation.

(5) Where the regulatory authority is the regulator, it—

(a) may make, vary or revoke a delegation only with the consent of the Secretary of State;

(b) must vary or revoke a delegation if directed to do so by the Secretary of State.

(6) Section 58Z9 of this Act (sharing of information between regulatory authorities) and Schedule 3 to the Building Safety Act 2022 (information sharing between regulator and other authorities) apply as if references to the regulator included references to a person to whom the regulator has delegated functions under this section.

(7) The following provisions of this Act apply as if references to the Welsh Ministers included references to a person to whom the Welsh Ministers have delegated functions under this section—

(a) section 58Z9 (sharing of information between regulatory authorities);

(b) section 91B (cooperation and sharing of information between Welsh Ministers and other authorities);

Operational standards rules

58Z

(1) The regulatory authority may make rules (“operational standards rules”) applying to local authorities and registered building control approvers in relation to their exercise of building control functions.

(2) Operational standards rules may in particular make provision about standards to be met, and practices, procedures or methods to be adopted, in exercising building control functions.

(3) In this Part “building control functions”, in relation to a local authority or registered building control approver, means the functions of the authority or approver under this Act and regulations made under it.

(4) The operational standards rules may make different provision for different cases (for example, for different descriptions of work).

(5) The regulatory authority may revise the operational standards rules at any time.

(6) The regulatory authority must publish the operational standards rules (and any revised rules).

58Z1

(1) The regulatory authority may direct local authorities and registered building control approvers to provide it, at specified times or intervals, with specified reports, returns and other information relating to the exercise of their building control functions.

(2) “Specified” means specified in the direction.

(3) A direction under this section—

(a) must be in writing;

(b) may be general or specific;

(4) A registered building control approver who, without reasonable excuse, fails to comply with a direction under this section commits an offence.

(5) An offence under subsection (4) is punishable on summary conviction by a fine.

Information: Wales

58Z2

(1) This section applies where the Welsh Ministers are the regulatory authority.

(2) The Welsh Ministers may by notice in writing require a local authority or registered building control approver to provide the Welsh Ministers with any documents or information relating to the exercise of their building control functions that the Welsh Ministers reasonably require.

(3) The notice must specify—

(a) the documents or information required,

(b) the date by which they must be provided, and

(4) A registered building control approver who, without reasonable excuse, fails to comply with a notice under this section commits an offence.

(5) An offence under subsection (4) is punishable on summary conviction by a fine.

Investigations

58Z3

(1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a local authority or registered building control approver may have contravened the operational standards rules, the regulatory authority may investigate the matter.

(2) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating an authority or approver under this section (which must include an opportunity for the authority or approver to make representations).

(3) The regulatory authority may revise the statement at any time (and must publish any revised statement).

Improvement notice

58Z4

(1) The regulatory authority may give an improvement notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the local authority or registered building control approver has contravened operational standards rules.

(2) An improvement notice is a notice requiring the local authority or registered building control approver to remedy the contravention by doing, or by refraining from doing, anything specified in the order.

(3) An improvement notice may have effect—

(a) until it is revoked, or

(b) for a period specified in the notice.

(4) Where the regulatory authority gives an improvement notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice.

(5) Where the regulatory authority gives an improvement notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement—

(a) to each local authority in England, where the regulatory authority is the regulator, or

(b) to each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(6) Where the regulatory authority giving an improvement notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State.

(7) The local authority or registered building control approver to whom the improvement notice is given may appeal to the appropriate court or tribunal against the notice.

Serious contravention notices

58Z5

(1) The regulatory authority may give a serious contravention notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the condition in subsection (2) or (3) is met.

(2) The condition in this subsection is that—

(a) the local authority or registered building control approver has contravened operational standards rules, and

(b) as a result of the contravention the safety of persons in or about buildings has been, or may have been, put at risk.

(3) This condition in this subsection is that the local authority or registered building control approver—

(a) has been given an improvement notice under section 58Z4, and

(b) has failed to remedy the contravention of operational standards rules in respect of which the notice was given.

(4) A serious contravention notice is a notice requiring the local authority or registered building control approver to remedy the contravention in question by doing, or by refraining from doing, anything specified in the order.

(5) A serious contravention notice may have effect—

(a) until it is revoked, or

(b) for a period specified in the notice.

(6) Where the regulatory authority gives a serious contravention notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice.

(7) Where the regulatory authority gives a serious contravention notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement—

(a) to each local authority in England, where the regulatory authority is the regulator, or

(b) to each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(8) Where the regulatory authority giving a serious contravention notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State.

(9) The local authority or registered building control approver to whom the serious contravention notice is given may appeal to the appropriate court or tribunal against the notice.

(10) A person who, without reasonable excuse, contravenes a serious contravention notice commits an offence and is liable on summary conviction to a fine.

Continuing failure to meet standards: registered building control approvers

58Z6

(1) This section applies where—

(a) the regulatory authority has given a registered building control approver one or more serious contravention notices under section 58Z5, and

(b) it appears to the regulatory authority that the way in which the approver exercises their building control functions—

(i) falls short of the standards expected, and

(ii) puts, or may put, the safety of persons in or about buildings at risk,

and is likely to continue to do so.

(2) The regulatory authority may cancel the approver’s registration.

(3) But before cancelling a registered building control approver’s registration under subsection (2) the regulatory authority must—

(a) give the approver notice that it is considering its registration under that subsection, and explain its reasons, and

(b) invite the approver to make representations within a period specified in the notice (which must not be less than 14 days).

(4) Where the regulatory authority cancels a registered building control approver’s registration under subsection (2) it must as soon as reasonably practicable—

(a) notify the approver that it has done so,

(b) give the approver a statement of its reasons, and

(i) each local authority in England, where the regulatory authority is the regulator, or

(ii) each local authority in Wales, where the regulatory authority is the Welsh Ministers.

(5) A registered building control approver may appeal to the appropriate court or tribunal against the cancellation of its registration under subsection (2).

Continuing failure to meet standards: local authorities in England

58Z7

(1) This section applies where—

(a) the regulatory authority is the regulator,

(b) the regulatory authority has given a local authority one or more serious contravention notices under section 58Z5, and

(c) it appears to the regulatory authority that the way in which the local authority exercises their building control functions—

(i) falls short of the standards expected, and

(ii) puts, or may put, the safety of persons in or about buildings at risk,

and is likely to continue to do so.

(2) The regulatory authority may recommend to the Secretary of State that the Secretary of State make an order under section 116(4) (transfer of functions to the Secretary of State or another local authority).

(3) But before making a recommendation under subsection (2) the regulatory authority must—

(a) give the local authority notice that it is considering making a recommendation under that subsection, and explain its reasons, and

(b) invite the authority to make representations within a period specified in the notice (which must not be less than 14 days).

(4) Where the regulatory authority makes a recommendation under subsection (2) it must as soon as reasonably practicable—

(a) notify the local authority that it has done so, and

(b) give the local authority a statement of its reasons.

(5) A local authority may appeal to the tribunal against a recommendation under subsection (2).

Inspection of local authorities and registered building control approvers

58Z8

(1) The regulatory authority may carry out an inspection of a local authority, or a registered building control approver, in relation to their exercise of building control functions.

(2) The purposes for which an inspection may be carried out include—

(a) ascertaining the efficiency and effectiveness of the local authority or registered building control approver in exercising their building control functions;

(b) verifying any information provided by the local authority or registered building control approver to the regulatory authority, in connection with their building control functions.

58Z9

(1) The regulator may disclose information held in connection with a function under this Part to the Welsh Ministers for the purposes of—

(a) a function of the regulator under this Part, or

(b) a function of the Welsh Ministers under this Part.

(2) The Welsh Ministers may disclose information held in connection with a function under this Part to the regulator for the purposes of—

(a) a function of the Welsh Ministers under this Part, or

(b) a function of the regulator under this Part.

(3) Except as provided by subsection (4), the disclosure of information under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(4) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).

Appeals

Appeal to Crown Court

58Z10

An appeal lies to the Crown Court against a decision of a magistrates’ court under this Part.

Functions under this Part: the regulator etc

90A

(1) The Secretary of State may by regulations provide that in specified cases, a specified function under this Part of local authorities in England is to be a function of the regulator instead of, or in addition to, the local authority in question.

(2) The Secretary of State may by regulations provide that in specified cases, a relevant authority proposing to exercise a specified function under this Part must notify a specified relevant authority of specified matters.

(3) The notification must be made in the specified way and by the specified time.

(4) In this section—

“relevant authority” means the regulator or a local authority for an area in England;

“specified” means specified by regulations under this section.

The regulator: building control authority for higher-risk buildings in England

91ZA

(1) The regulator is the building control authority in relation to any higher-risk building in England or any proposed such building.

(2) This includes the regulator being the building control authority as regards—

(a) any work relating to a building in England 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 in England that causes it to cease to be such a building.

(3) In this Act “higher-risk building work”, in relation to England, means any work for which the regulator is the building control authority by virtue of this section.

(4) For the meaning of “higher-risk building” see section 120D.

The regulator: building control authority for other work

91ZB

(1) This section applies in relation to work of a prescribed description (“the work”) that is to be carried out in England and has a prescribed connection with any higher-risk building work.

(2) Where—

(a) the regulator and the person intending to carry out the work, acting jointly, give a notice under this section (a “regulator’s notice”) to the local authority for the area in which the work is to be carried out, and

(b) the regulator’s notice is accepted (or treated as accepted) by the local authority,

the regulator is the building control authority in relation to the work.

(3) A regulator’s notice may not be given if any of the following has been given to the local authority in relation to the work (or any part of it)—

(a) an application for building control approval;

(b) an initial notice (within the meaning of section 47);

91ZC

(1) This section supplements section 91ZB.

(2) A local authority to whom a regulator’s notice is given must reject the notice if any prescribed ground exists, and must otherwise accept the notice.

(3) A notice of rejection must be given within the prescribed period, and must specify the ground or grounds in question.

(4) The person intending to carry out the work may appeal to the tribunal against a decision of the local authority to reject the regulator’s notice.

(5) Where a local authority to whom a regulator’s notice is given does not—

(a) give a notice of rejection in accordance with subsection (3), or

(b) give a notice of acceptance within the period mentioned in that subsection,

the authority is treated as having accepted the regulator’s notice at the end of that period.

(6) As regards any notice under section 91ZB or this section, building regulations may make provision about—

(a) the form and content of the notice;

(b) the information and documents that must accompany it;

Higher-risk buildings in Wales: local authority work

91ZD

(1) Building regulations may make provision about cases where a local authority for an area in Wales (“the relevant local authority”) proposes to carry out higher-risk building work in that area.

(2) The regulations may in particular—

(a) restrict (or prevent) the exercise by the relevant local authority of prescribed functions in relation to the higher-risk building work;

(b) require the relevant local authority to notify the Welsh Ministers of prescribed matters;

(c) confer on the Welsh Ministers a power to designate another local authority as the building control authority in relation to the higher-risk building work (instead of the relevant local authority);

(d) confer on the Welsh Ministers a power to require the relevant local authority to provide specified information, for the purposes of deciding whether to exercise the power of designation.

(3) The regulations may also provide, in cases where a local authority is designated as the building control authority in relation to the higher-risk building work, that the relevant local authority and the designated local authority may agree that the designated local authority is to be the building control authority in relation to any work of a prescribed description that has a prescribed connection with the higher-risk building work.

(4) Where, as a result of regulations made by virtue ofsubsection (2)(c) or (3), a designated local authority is the building control authority in relation to any work, as regards that work—

(a) prescribed functions are functions of the designated local authority (rather than the relevant local authority);

(b) the designated local authority (rather than the relevant local authority) must perform such functions relating to enforcement as may be prescribed.

Appeal against refusal to consider application etc

101A

(1) This section applies where—

(a) a local authority for an area in England refuses to consider an application for building control approval, or

(b) a local authority refuses to consider an initial notice (within the meaning of section 47) or an amendment notice (within the meaning of section 51A),

on the ground that all or part of the work to which the application or notice relates is higher-risk building work.

(2) The person intending to carry out the work may appeal to the appropriate national authority, before the end of the prescribed period, on the ground that none of the work is higher-risk building work.

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

(a) about the making of an appeal;

(b) requiring an appellant to notify the local authority of the making of an appeal;

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

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

(4) The provision that may be made by virtue of subsection (3)(a) includes provision about—

(a) the form and content of a notice of appeal;

(b) the information and documents that are to accompany a notice of appeal;

(5) The decision made on the appeal is final (subject to subsection (6)).

(6) The appellant or the local authority may, before the end of the prescribed period and with the permission of the High Court, appeal to the High Court against the decision of the appropriate national authority on a point of law.

Enforcement of decisions of the First-tier and Upper Tribunal

105A

(1) A decision of the First-tier Tribunal or Upper Tribunal made under or in connection with this Act is enforceable with the permission of the county court in the same way as an order of that court.

(2) Subsection (1) does not apply to a decision of the First-tier Tribunal or Upper Tribunal ordering the payment of a sum (as to which see section 27 of the Tribunals, Courts and Enforcement Act 2007 (enforcement)).

112A

(1) Where an offence under this Act committed by a body corporate—

(a) is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or

(b) is attributable to any neglect on the part of any such person,

that person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.

(2) In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) Subsection (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference—

(a) in the case of a partnership, to a partner;

(b) in the case of an unincorporated body other than a partnership—

(i) where the body’s affairs are managed by its members, to a member of the body;

(ii) in any other case, to a member of the governing body.

Meaning of “building control authority”

121A

(1) In this Act “building control authority” means—

(a) the regulator, in cases where section 91ZA or 91ZB provides that the regulator is the building control authority;

(b) the local authority mentioned in subsection (2), in any other case.

(2) That local authority is—

(a) if, by virtue of regulations made under section 91ZD (higher-risk buildings in Wales: local authority work), a designated local authority is the building control authority, that local authority;

(b) otherwise, the local authority for the area in which the building is situated or the proposed building is to be situated.

Meaning of work

125A

(1) In the relevant provisions references to work include a material change of use as defined by building regulations.

(2) The appropriate national authority may by regulations provide that in a specified relevant provision references to work include any specified matter.

(3) “Relevant provision” means any provision of the following—

(a) Part 1 except sections 2(3) to (5), 20(9), 21(7), 22(2), 33(3A), 36, 37 and paragraph 1G of Schedule 1;

(b) Part 2;

(d) sections 91ZA to 91ZD;

(e) section 101A;

(f) section 105C;

(g) section 120I (3).

(4) In this section “specified” means specified by regulations under this section.

Procedural requirements etc: general

1A

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

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

(a) the giving of notices;

(b) the making of applications to building control authorities;

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

(3) The regulations may—

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

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

(d) make provision about the effect of certificates;

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

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

Applications for building control approval

1B

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

(2) “Building control approval”—

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

(i) plans of the work, and

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

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

(3) Building regulations may—

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

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

(ii) to vary requirements;

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

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

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

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

(5) Building regulations may provide that in prescribed cases—

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

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

(6) In this paragraph—

(a) “relevant document” means—

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

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

(b) “specified” means specified by the building control authority;

Certificates: approved schemes

1C

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

(a) by a member of a scheme that is approved,

(b) in accordance with the scheme, and

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

(2) Building regulations may make provision for and in connection with—

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

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

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

(4) The regulations may provide—

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

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

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

Obtaining, keeping and giving information and documents

1D

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

(a) obtaining information or documents;

(b) creating documents;

(d) giving information or documents.

(2) The regulations may in particular—

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

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

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

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

Reporting requirements: duty to establish and operate system

1E

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

(a) in relation to work in England, to the regulator;

(b) in relation to work in Wales, to the building control authority.

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

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

(b) make provision about such systems.

Form and content of documents etc

1F

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

(a) the form and content of the document;

(b) the information and other documents that must accompany it;

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

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

(4) Building regulations may provide that—

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

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