Building Act 1984

• (b) the building control authority may refuse the application if the applicant does not, on request, provide it with a document of a kind prescribed for the purposes of paragraph (a) in relation to the application.

Inspection, testing etc

1G

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

• (a) the inspection and testing of work;

• (b) the inspection and testing of buildings;

• (c) the inspection and testing of services, fittings and equipment provided in connection with buildings;

• (d) the taking of samples.

• (2) The regulations may in particular—

• (a) prohibit the covering up of any work, for a prescribed period after a prescribed or specified event;

• (b) provide for the cutting into or laying open of any work or building, or the pulling down of any work.

• (3) In sub-paragraph (2)(a) “specified” means specified by the building control authority.

Applications to building control authorities: extension of period by agreement

1H

Building regulations may provide that any prescribed period for the doing of a thing by a building control authority in connection with an application made to it may be extended by agreement between the authority and the applicant.

Appeals

1I

• (1) Building regulations may make provision for and in connection with appeals against decisions made under, or under an instrument made under, Part 1, 2 or 2A of this Act.

• (2) The regulations may confer, in respect of a prescribed decision—

• (a) in relation to England—

• (i) a right to appeal to the regulator or the tribunal, and

• (ii) in the case of an appeal to the regulator, a right of appeal to the tribunal against the decision of the regulator made on appeal;

• (b) in relation to Wales—

• (i) a right to appeal to the Welsh Ministers or a magistrates’ court, and

• (ii) in the case of an appeal to the Welsh Ministers, a right of appeal to a magistrates’ court or a right of appeal to the High Court, against the decision of the Welsh Ministers made on appeal.

• (3) The provision that may be made in connection with appeals includes provision about a right of appeal conferred by Part 1, 2 or 2A.

• (4) The regulations may in particular make provision about—

• (a) the grounds upon which an appeal may be made;

• (b) the period within which an appeal must be made;

• (c) the way in which any appeal is to be made;

• (d) the powers of the court, tribunal or other person determining the appeal (including provision conferring a power to give directions and, in the case of the regulator or Welsh Ministers, powers in respect of costs).

• (5) In respect of appeals to the regulator or the Welsh Ministers, the regulations may make provision about procedural matters (including provision conferring a discretion as to the procedure to be adopted).

• (6) In respect of appeals to the Welsh Ministers, the regulations may in particular make provision for and in connection with the Welsh Ministers 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 Welsh Ministers).

Appointed persons

5A

• (1) Building regulations may require prescribed appointments to be made in relation to any work.

• (2) Building regulations may make provision about appointments, including provision about—

• (a) the persons who are to make appointments;

• (b) the persons who may be appointed;

• (c) the time by which appointments must be made;

• (d) the period for which persons are to be appointed;

• (e) the termination of appointments;

• (f) the replacement of appointed persons.

• (3) The regulations may provide that in prescribed circumstances an appointment is treated as made.

• (4) In this Schedule “appointed person”, in relation to any work, means a person appointed in relation to that work under building regulations made by virtue of this paragraph.

General duties

5B

• (1) Building regulations may, for the purpose of facilitating compliance with any requirement of building regulations in relation to any work to which building regulations are applicable—

• (a) impose duties on relevant persons in connection with the planning or management of the work;

• (b) require relevant persons to co-operate with other relevant persons.

• (2) The following are “relevant persons” for this purpose—

• (a) any appointed person;

• (b) any prescribed person.

Competence requirements

5C

• (1) Building regulations may, in relation to any work, impose competence requirements on—

• (a) any appointed person, or

• (b) any prescribed person.

• (2) A “competence requirement” is a requirement relating to—

• (a) the skills, knowledge, experience and behaviours of an individual;

• (b) the capability of a person other than an individual to perform its functions under building regulations.

• (3) The regulations may require an appointed person who is not an individual to give an individual acting under its control who has the appropriate skills, knowledge, experience and behaviours the task of managing its functions as an appointed person.

Cancellation of a public body’s notice where work to a building in England becomes higher-risk building work

1A

• (1) Sub-paragraph (2) applies where—

• (a) a public body’s notice relating to a building in England is in force, and

• (b) it appears to the public body that some or all of the work in relation to which that notice has effect has become higher-risk building work.

• (2) Where this sub-paragraph applies the public body must, as soon as is reasonably practicable—

• (a) cancel the relevant part of the public body’s notice by notice in the prescribed form given to the local authority concerned, and

• (b) give a copy of that notice to the regulator.

• (3) Sub-paragraph (4) applies where—

• (a) a public body’s notice relating to a building in England is in force, and

• (b) it appears to the local authority concerned that some or all of the work in relation to which that notice has effect has become higher-risk building work.

• (4) Where this sub-paragraph applies the local authority must, as soon as is reasonably practicable—

• (a) cancel the relevant part of the public body’s notice by notice in the prescribed form given to the public body, and

• (b) give a copy of that notice to the regulator.

• (5) Where a notice is given under sub-paragraph (2) or (4) (a “cancellation notice”)—

• (a) the part of the public body’s notice to which the cancellation notice relates is cancelled with effect from the day after the day on which the cancellation notice is given, and

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

• (6) Where a public body fails to—

• (a) give to a local authority a notice that the body is required to give by sub-paragraph (2);

• (b) give to the regulator a copy of a notice that the body is required to give by sub-paragraph (2),

then on becoming aware of the failure the regulator may, by notice in writing, impose a penalty of £7,500, which is recoverable by the regulator as a debt.

• (7) Before imposing a penalty under sub-paragraph (6) the regulator must—

• (a) give the public body a notice of its intention to impose the penalty; and

• (b) have regard to any representations made by the public body during the period referred to in sub-paragraph (8).

• (8) The regulator must not give a notice under sub-paragraph (6) imposing a penalty on a public body until a period of 14 days beginning with the day after the day on which the notice under sub-paragraph (7) is given has expired.

• (9) A public body may appeal to the tribunal against the decision of the regulator to impose a penalty under sub-paragraph (6) provided that the appeal is made within a period of 21 days beginning with the day after the day on which the regulator gives a notice to the body imposing the penalty.

• (10) On an appeal the tribunal—

• (a) must determine whether the decision to impose the penalty was based on an error of fact, wrong in law or unreasonable, and

• (b) may confirm, quash or vary the decision.

• (11) In this paragraph “the relevant part of the public body’s notice” means so much of the public body’s notice (whether all or part of it) as relates to work that has become higher-risk building work.

Effect of public body’s notice ceasing to be in force where work becomes higher-risk building work

1B

• (1) This paragraph applies where a public body’s notice ceases to be in force, whether in whole or in part, by virtue of paragraph 1A.

• (2) If, before the day on which the relevant part of the public body’s notice ceased to be in force, a public body’s final certificate under paragraph 3 of this Schedule—

• (a) was given in respect of part of the work to which the relevant part of the public body’s notice relates, and

• (b) was accepted by the local authority,

the fact that the relevant part of the public body’s notice has ceased to be in force does not affect the continuing operation of paragraph 3(3) of this Schedule in relation to that part of the work.

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

• (4) In sub-paragraph (3), the “uncertified work” means any of the work—

• (a) to which the relevant part of the public body’s notice relates, and

• (b) in respect of which no public body’s final certificate has been accepted by the local authority as mentioned in sub-paragraph (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 91ZA, 91ZB or this paragraph.

• (6) In any case where this paragraph 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 public body’s notice ceased to be in force.

• (7) In this paragraph “the relevant part of the public body’s notice” means so much of the public body’s notice (whether all or part of it) as was cancelled by a notice under paragraph 1A of this Schedule.

Appeals against cancellation of a public body’s notice by a local authority

1C

• (1) Where a local authority cancels a public body’s notice, in whole or in part, by giving a notice (a “cancellation notice”) under paragraph 1A(4) of this Schedule the public body may appeal to the tribunal within 21 days of the day the notice is given under that paragraph.

• (2) On an appeal under sub-paragraph (1), the tribunal must determine whether the relevant part of the public body’s notice was properly cancelled.

• (3) In a case where the tribunal determines that the relevant part of the public body’s notice was not properly cancelled—

• (a) the determination does not have the effect of reinstating the relevant part of the public body’s notice;

• (b) paragraph 1B(2) and (6) of this Schedule continue to apply in relation to the relevant part of the public body’s notice;

• (c) the tribunal may give such directions as it considers appropriate in consequence of the determination (which may include giving directions to the regulator).

• (4) In this paragraph the “relevant part of the public body’s notice” means so much of the public body’s notice (whether all or part of it) as was subject to the cancellation notice.

Lapse of public body’s notice

4A

• (1) This paragraph applies where—

• (a) on any day (“the relevant day”) a public body’s notice is given in respect of any work, and

• (b) the public body’s 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 public body’s notice ceases to be in force, and

• (b) if a public body’s 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 public body’s notice ceases to be in force so far as it relates to the relevant work, and

• (b) if a public body’s 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 sub-paragraph (3)(b) it does not matter whether the public body’s plans certificate also relates to work other than the relevant work.

• (5) In this paragraph “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 paragraph.

91B

• (1) Relevant persons (as defined by subsection (7)) must cooperate with each other in the exercise of any of the following functions—

• (a) any function of a local authority under this Act,

• (b) any function of a Welsh fire and rescue authority under—

• (i) section 6 or 7 of the Fire and Rescue Services Act 2004, or

• (ii) the Regulatory Reform (Fire Safety) Order 2005, and

• (c) any function of a fire inspector under that Order.

• (2) A relevant person may disclose information held in connection with any of their relevant functions to another relevant person for the purposes of a relevant function of either of them.

• (3) The Welsh Ministers and a relevant person must cooperate with each other in the exercise of any of the following functions—

• (a) a function of the Welsh Ministers under Part 2A;

• (b) a function mentioned in the relevant paragraph of subsection (1).

• (4) The Welsh Ministers may disclose information held in connection with a function under Part 2A to a relevant person for the purposes of—

• (a) a function of the Welsh Ministers under Part 2A, or

• (b) a function mentioned in the relevant paragraph of subsection (1).

• (5) A relevant person may disclose information held in connection with a function mentioned in the relevant paragraph of subsection (1) to the Welsh Ministers for the purposes of—

• (a) a function mentioned in the relevant paragraph of subsection (1), or

• (b) a function of the Welsh Ministers under Part 2A.

• (6) In subsections (3) to (5) “the relevant paragraph” of subsection (1), in relation to a kind of relevant person, means the paragraph of subsection (1) relating to a relevant person of that kind.

• (7) In this section—

• “fire inspector” means an inspector or assistant inspector appointed under section 28(1) of the Fire and Rescue Services Act 2004;

• “relevant person” means a local authority in Wales, Welsh fire and rescue authority or fire inspector;

• “relevant function” means—in relation to a local authority, any function of a local authority under—the Prevention of Damage by Pests Act 1949,Part 2 of the Public Health Act 1961,Part 11 of the Local Government (Miscellaneous Provisions) Act 1982,Part 3 of the Environmental Protection Act 1990,Parts 1 to 4 of the Housing Act 2004, orthis Act,or any prescribed function of a local authority;in relation to a Welsh fire and rescue authority, any function of such an authority under—the Fire and Rescue Services Act 2004, orthe Regulatory Reform (Fire Safety) Order 2005,or any prescribed function of such an authority;in relation to a fire inspector, any function of a fire inspector under the Regulatory Reform (Fire Safety) Order 2005;

• “Welsh fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in Wales.

• (8) Except as provided by subsection (9), 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).

• (9) 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).

Levy on certain applications for building control approval etc

105C

• (1) The Secretary of State may by regulations make provision for and in connection with the imposition, in respect of relevant applications or notices or specified descriptions of relevant applications or notices, of a levy for the purpose of meeting any building safety expenditure.

• (2) The levy is payable to the Secretary of State or a person designated by the Secretary of State.

• (3) The regulations may in particular make provision about—

• (a) the amount of the levy;

• (b) the person by whom it must be paid;

• (c) when the levy must be paid;

• (d) the provision of information or documents to, or by, the Secretary of State or designated person;

• (e) the consequences of a failure to pay the levy in accordance with the regulations;

• (f) the determination of disputes (including provision conferring a right to appeal to the tribunal and provision about appeals).

• (4) The different provision that may be made by the regulations by virtue of section 120A(2)(b) includes in particular different provision in relation to—

• (a) persons who are eligible to be members of a building industry scheme and are not members of that scheme, and

• (b) other persons.

• (5) The regulations may contain exemptions, for specified descriptions of person.

• (6) The regulations may provide that, unless the building control authority is given a notification under subsection (7) in relation to a relevant application or notice (or a relevant application or notice of a specified description), the authority—

• (a) may not take a specified step in relation to the application or notice (for example, may not grant an application, accept a notice or give a specified certificate in relation to works connected with the application or notice), or

• (b) must take a specified step in relation to the application or notice (for example, must reject a notice).

• (7) A notification under this section is a notification given by the Secretary of State or designated person—

• (a) that the levy payable in respect of the application or notice has been paid, or

• (b) that no levy is payable in respect of the application or notice.

• (8) The regulations must provide for any amount received by a designated person by way of a levy to be paid to the Secretary of State, subject to retention of an amount, determined by or in accordance with the regulations, in respect of the costs of administering the levy.

• (9) A designation under this section must be published in such way as the Secretary of State considers appropriate.

• (10) In this section “relevant application or notice” means—

• (a) an application for building control approval,

• (b) an initial notice,

• (c) an amendment notice, or

• (d) a public body’s notice,

relating to a relevant building or proposed relevant building (including any such application or notice relating to work that causes a building to become a relevant building or causes a relevant building to cease to be such a building).

• (11) In this section—

• “amendment notice, “initial notice” and “public body’s notice” have the same meaning as in Part 2 (see section 58);

• “building industry scheme” means a scheme established under section 126 of the Building Safety Act 2022;

• “building safety expenditure” means expenditure incurred by the Secretary of State (whether before or after the passing of this Act) in providing financial assistance to persons (whether by way of grant, loan or otherwise) for the purposes of enabling them to improve the safety of persons in or about buildings in England;

• “relevant building” means a building in England consisting of or containing—one or more dwellings, orother accommodation,(and “accommodation” here includes temporary accommodation, for example in a hotel or hospital);

• “specified” means specified in the regulations.

79A

• (1) Before taking any steps mentioned in subsection (3) in relation to a listed building, a local authority in Wales must—

• (a) if it is the planning authority for the area in which the building is situated, consider whether it should instead exercise its powers under sections 137 and 138 of the Historic Environment (Wales) Act 2023 (compulsory acquisition and repairs notices), and

• (b) in any case, consider whether it should instead exercise its powers under section 144 of that Act (urgent preservation works).

• (2) Before taking any steps mentioned in subsection (3) in relation to—

• (a) a building in relation to which interim protection or temporary listing has effect under Chapter 1 of Part 3 of the Historic Environment (Wales) Act 2023, or

• (b) a building‍ that is subject to a direction under section 164 of that Act (urgent works to preserve buildings in conservation areas),

a local authority in Wales must consider whether it should instead exercise its powers under section 144 of that Act.

• (3) The steps referred to in subsections (1) and (2) are steps with a view to—

• (a) obtaining an order under section 77(1)(a), or

• (b) serving a notice under section 79(1).

• (4) In subsection (1), “listed building and “planning authority have the same meanings as in the Historic Environment (Wales) Act 2023.