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

(5) The expense of carrying out any tests that a person is required to carry out under this section shall be met by that person, except that the building control authority, on an application made to them, may, if they think it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the local authority.

(6) Any question arising under this section between a building control authority and a person as to the reasonableness of—

(a) a test specified in a requirement imposed on him by the authority under this section,

(b) a refusal by the authority to give a direction under subsection (5) above on an application made by him, or

may on the application of that person be determined by the appropriate court or tribunal; and in a case falling within paragraph (b) or (c) above the court or tribunal may order the expense to which the application relates to be met by the building control authority to such extent as the court or tribunal thinks just.

Classification of buildings

34

For the purposes of building regulations and of a direction given or instrument made with reference to building regulations, buildings may be classified by reference to size, description, design, purpose, location or any other characteristic whatsoever.

Breach of building regulations

Penalty for contravening building regulations

35

If a person contravenes any provision contained in building regulations, other than a provision designated in the regulations as one to which this section does not apply, he is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50 for each day on which the default continues after he is convicted.

Removal or alteration of offending work

36

(1) If any work to which building regulations are applicable contravenes any of those regulations or a requirement imposed by virtue of any of those regulations, the local authority building control authority, without prejudice to their right to take proceedings for a fine in respect of the contravention, may by notice require the owner—

(a) to pull down or remove the work, or

(b) if he so elects, to effect such alterations in it as may be necessary to make it comply with the regulations.

(2) If, in a case where the local authority building control authority are, by any section of this Part of this Act other than section 16 any of sections 19 to 25, expressly required or authorised to reject plans an application for building control approval, any work to which building regulations are applicable is executed—

(a) without plans having been deposited,

without such an application having been made,

(b) notwithstanding the rejection of the plans, or

notwithstanding the refusal of such an application, or

(c) otherwise than in accordance with any requirements subject to which the authority passed the plans granted such an application,

the authority may by notice to the owner—

(i) require him to pull down or remove the work, or

(ii) require him either to pull down or remove the work or, if he so elects, to comply with any other requirements specifed in the notice, being requirements that they might have made under the section in question as a condition of passing plans granting such an application.

(3) If a person to whom a notice has been given under subsection (1) or (2) above fails to comply with the notice before the expiration of 28 days, or such longer period as the appropriate court or tribunal may on his application allow, the local authority building control authority may—

(a) pull down or remove the work in question, or

(b) effect such alterations in it as they deem necessary,

and may recover from him the expenses reasonably incurred by them in doing so.

(4) A notice under subsection (1) or (2) above (called a “section 36 notice”) shall not be given after the expiration of 12 months 10 years from the date of the completion of the work in question.

(5) A section 36 notice shall not be given, in a case where plans were deposited and the work was shown on them, on the ground that the work contravenes any building regulations or, as the case may be, does not comply with the authority’s requirements under any section of this Act other than section 16, if—

(a) the plans were passed by the authority, or

(b) notice of their rejection was not given within the relevant period from their deposit,

and if the work has been executed in accordance with the plans and of any requirement made by the local authority as a condition of passing the plans.

Subsection (5A) applies where—

(a) an application for building control approval is made to a building control authority in respect of any work that is not higher-risk building work,

(b) the application is granted, and

(c) work that is shown on the plans approved by the granting of the application (“the work”) is executed in accordance with—

(i) the plans, and

(ii) any requirement imposed by the building control authority.

(5A) A section 36 notice may not be given on the ground that the work contravenes—

(a) any building regulations or any requirement imposed by virtue of the regulations, or (as the case may be)

(b) any requirement under any of sections 19 to 25.

(6) This section does , and sections 35B and 35C, do not affect the right of a local authority building control authority, the Attorney General , the Counsel General to the Welsh Government or any other person to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any regulation or any provision of this Act; but if—

(a) the work is one in respect of which plans were deposited,

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

(b) the plans were passed by the local authority, or notice of their rejection was not given within the relevant period from their deposit, and

the application was granted,

the work was executed in accordance with—

(i) the plans approved by the granting of the application, and

(ii) any requirement imposed by the authority, and

(d) the work was not higher-risk building work,

the court on granting an injunction has power to order the local authority to pay to the owner of the work such compensation as the court thinks just, but before making any such order the court shall in accordance with rules of court cause the local authority, if not a party to the proceedings, to be joined as a party to them.

Obtaining of report where section 36 notice given

37

(1) In a case where—

(a) a person to whom a section 36 notice has been given gives to the building control authority by whom the notice was given notice of his intention to obtain from a suitably qualified person a written report concerning work to which the section 36 notice relates, and

(b) such a report is obtained and submitted to the building control authority and, as a result of their consideration of it, the building control authority withdraw the section 36 notice,

the building control authority may pay to the person to whom the section 36 notice was given such amount as appears to them to represent the expenses reasonably incurred by him in consequence of their having given him that notice including, in particular, his expenses in obtaining the report.

(2) Subject to subsection (3) below, if a person to whom a section 36 notice has been given gives notice under subsection (1)(a) above, then, so far as regards the matters to which the section 36 notice relates, the reference to 28 days in section 36(3) above shall be construed as a reference to 70 days.

(3) Notice under subsection (1)(a) above shall be given before the expiry of the period of 28 days referred to in section 36(3) above, or, as the case may be, within such longer period as the appropriate court or tribunal allows under section 36(3); and, where such a longer period has been so allowed before notice is given under subsection (1)(a) above, subsection (2) above does not apply.

Civil liability

38

(1) Subject to this section—

(a) breach of a duty imposed by building regulations, so far as it causes damage, is actionable, except in so far as the regulations provide otherwise, and

(b) as regards such a duty, building regulations may provide for a prescribed defence to be available in an action for breach of that duty brought by virtue of this subsection.

(2) Subsection (1) above, and any defence provided for in regulations made by virtue of it, do not apply in the case of a breach of such a duty in connection with a building erected before the date on which that subsection comes into force unless the regulations imposing the duty apply to or in connection with the building by virtue of section 2(2) or 2A above or paragraph 8 of Schedule 1 to this Act.

(3) This section does not affect the extent (if any) to which breach of—

(a) a duty imposed by or arising in connection with this Part of this Act or any other enactment relating to building regulations, or

(b) a duty imposed by building regulations in a case to which subsection (1) above does not apply,

is actionable, or prejudice a right of action that exists apart from the enactments relating to building regulations.

(4) In this section, “damage” includes the death of, or injury to, any person (including any disease and any impairment of a person’s physical or mental condition).

Appeals in certain cases

Appeal against refusal etc. to relax building regulations

39

(1) If a building control authority refuse an application to dispense with or relax a requirement in building regulations that they have power to dispense with or relax, the applicant may by notice in writing appeal ... within one month from the date on which the building control authority notify the applicant of their refusal.

(1A) The appeal is to be made to—

(a) the regulator, in the case of a refusal by a local authority for an area in England;

(b) the tribunal, in the case of a refusal by the regulator;

(2) If, within—

(a) a period of two months beginning with the date of an application, or

(b) such extended period as may at any time be agreed in writing between the applicant and the building control authority,

the building control authority do not notify the applicant of their decision on the application, subsection (1) above applies in relation to the application as if the building control authority had refused the application and notified the applicant of their decision at the end of the said period.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Appeal against section 36 notice

40

(1) A person aggrieved by the giving of a section 36 notice may appeal to the appropriate court or tribunal ....

(2) Subject to subsection (3) below, on an appeal under this section the court or tribunal shall—

(a) if it determines that the building control authority were entitled to give the notice, confirm the notice, and

(b) in any other case, give the building control authority a direction to withdraw the notice.

(3) If, in a case where the appeal is against a notice under section 36(2)

above, the court or tribunal is satisfied that—

(a) the building control authority were entitled to give the notice, but

(b) in all the circumstances of the case the purpose for which was enacted the section of this Act by virtue of which the notice was given has been substantially achieved,

the court or tribunal may give a direction under subsection (2)(b) above.

(4) An appeal under this section shall be brought—

(a) within 28 days of the giving of the section 36 notice, or

(b) in a case where the person to whom the section 36 notice was given gives notice under section 37(1)(a) above, within 70 days of the giving of the section 36 notice.

(5) Where an appeal is brought under this section—

(a) the section 36 notice is of no effect pending the final determination or withdrawal of the appeal, and

(b) section 36(3) above has effect in relation to that notice as if after the words “28 days” there were inserted the words “(beginning, in a case where an appeal is brought under section 40 below, on the date when the appeal is finally determined or, as the case may be, withdrawn)”.

(6) If, on an appeal under this section, there is produced to the court or tribunal a report that has been submitted to the building control authority under section 37(1) above, the court or tribunal, in making an order as to costs, may treat the expenses incurred in obtaining the report as expenses incurred for the purposes of the appeal.

Appeal to Crown Court

41

(1) Where a person—

(a) is aggrieved by an order, determination or other decision of a magistrates’ court under, or under an instrument made under, this Part or Part 4 as it applies in relation to this Part, and

(b) is not by any other enactment authorised to appeal to the Crown Court.

he may appeal to the Crown Court.

(2) Subsection (1) above does not confer a right of appeal in a case in which each of the parties concerned might under this Act have required that the dispute should be determined by arbitration instead of by a magistrates’ court.

Appeal and statement of case to High Court in certain cases

42

(A1) Where the Secretary of State gives a decision on an application for a direction under section 8, any of the following may appeal to the High Court against the decision on a point of law—

(a) the applicant;

(b) the local authority;

(1) Where the Welsh Ministers give a decision in proceedings—

(a) on an appeal under section 20 or 39 above,

(b) on an appeal under section 50, or

(c) on an application for a direction under section 8 above where the power of giving the direction is not exercisable by the building control authority,

the relevant person or the building control authority or, as the case may be, the registered building control approver may appeal to the High Court against the decision on a point of law.

(2) In subsection (1) above, “the relevant person” means—

(a) as regards an appeal under the said section 20 or 39, the appellant,

(b) as regards an appeal under section 50, the person on whose application the appeal was made,

(3) At any stage of the proceedings on such an appeal ... or application as is mentioned in subsection (A1) or (1) above—

(a) the appropriate national authority may state a question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court, and

(b) a decision of the High Court on a case so stated is deemed to be a judgment of the court within the meaning of section 16 of the Senior Courts Act 1981 (appeals from the High Court to the Court of Appeal).

(4) In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court includes power to make rules—

(a) prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the appropriate national authority, and

(b) providing for the appropriate national authority, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

(5) No appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.

(6) In this section, “decision” includes a direction, and references to the giving of a decision shall be construed accordingly.

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

Procedure on appeal to Secretary of State on certain matters

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of building regulations to Crown etc.

Application to Crown

44

(1) Except in so far as buildings regulations provide otherwise, the substantive requirements of building regulations—

(a) apply in relation to work carried out or proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) as they would apply if the person by or on behalf of whom the work was or is to be carried out were not a Crown authority, and

(b) so far as they consist of continuing requirements, apply to Crown authorities (whether or not in relation to Crown buildings) as they apply to persons who are not Crown authorities.

(2) In so far as building regulations so provide as regards any of the substantive requirements of building regulations, those requirements—

(a) apply in relation to work carried out or proposed to be carried out as mentioned in subsection (1)(a) above in inner London, and

(b) so far as they consist of continuing requirements, apply to Crown authorities there as mentioned in subsection (1)(b) above,

even if those requirements do not apply there in the case of work carried out or proposed to be carried out otherwise than by or on behalf of a Crown authority or, in the case of continuing requirements, do not apply there to persons other than Crown authorities.

(3) Except in so far as building regulations provide otherwise, building regulations and the enactments relating to building regulations—

(a) apply in relation to work carried out or proposed to be carried out in relation to a Crown building otherwise than by or on behalf of a Crown authority, and, in the case of section 2 above and building regulations made by virtue of it, apply in relation to a Crown building to persons other than Crown authorities, as they would apply if the building were not a Crown building, and

(b) apply in relation to work carried out or proposed to be carried out by or on behalf of a government department acting for a person other than a Crown authority as they would apply if the work had been or were to be carried out by that person.

(4) Section 38 above and any building regulations made by virtue of subsection (1) of that section apply in relation to duties imposed by building regulations in their application in accordance with subsections (1) to (3) above.

(5) Where—

(a) work is carried out or proposed to be carried out by or on behalf of a Crown authority, or

(b) a Crown authority is or (apart from any dispensation or relaxation) will be subject to continuing requirements,

that authority may exercise the like powers of dispensing with or relaxing the substantive requirements of building regulations or, as the case may be, the continuing requirements in question as are conferred on the Secretary of State and local authorities by virtue of section 8 above (other than a power that by virtue of paragraph 6 of Schedule 1 to this Act is exercisable otherwise than by a local authority), subject to—

(i) the like requirements as to consultation (if any) as apply by virtue of paragraph 3 of Schedule 1 to this Act in the case of a local authority (but not the requirements of the said section 8 as to consultation with the local authority), and

(ii) the like requirements as in the case of the Secretary of State apply by virtue of section 10 above,

and no application is necessary for the exercise of any such powers by virtue of this subsection.

(6) In relation to continuing requirements, references in subsection (5) above to section 8 above are references to it as modified by section 2(6) above.

(7) For the purposes of subsection (5) above, work carried out or proposed to be carried out by or on behalf of a government department acting for another Crown authority shall be treated as carried out or proposed to be carried out by or on behalf of that department (and not by or on behalf of the other Crown authority).

(8) In this section—

“continuing requirement” means a continuing requirement of building regulations imposed by virtue of section 2(1) or (2)(a) or (b) above;

“Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the crown (not being a person or body whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;

“Crown building” means a building in which there is a Crown interest or a Duchy interest;

“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;

“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.

(9) If any question arises under this section as to which Crown authority is entitled to exercise any such powers as are mentioned in subsection (5) above, that question shall be referred to the Treasury, whose decision is final.

(10) This section, with any necessary modifications, applies in relation to the making of a material change in the use of a building within the meaning of building regulations made for the purposes of paragraph 8(1)(e) of Schedule 1 to this Act as it applies in relation to the carrying out of work.

Application to United Kingdom Atomic Energy Authority

45

(1) The provisions of section 44(1) and (4) to (10) above apply in relation to the United Kingdom Atomic Energy Authority (in this section referred to as “the Authority”) as if—

(a) the Authority were a Crown authority,

(b) a building belonging to or occupied by the Authority were a Crown building, and

(c) the references in subsection (1) to not being a Crown authority were references to being neither a Crown authority nor the Authority,

but the said provisions do not by virtue of this subsection apply in relation to dwelling-houses or offices belonging to or occupied by the Authority.

(2) Subject to the said provisions as applied by subsection (1) above, building regulations and the enactments relating to building regulations do not apply in relation to buildings belonging to or occupied by the Authority, except dwelling-houses and offices.

Inner London

46

In its application to inner London, this Part of this Act has effect subject to Part I of Schedule 3 to this act.

Part II — Supervision of Building Work etc. otherwise than by building control authorities

Supervision of plans and work by registered building control approvers

Giving and acceptance of initial notice

47

(1) If—

(a) a notice in the prescribed form relating to work that is not higher-risk building work (called an “initial notice”) is given jointly to a local authority by a person intending to carry out the work and a person who is a registered building control approver in relation to that work,

(b) the initial notice is accompanied by such plans of the work as may be prescribed,

(d) the initial notice is accepted by the local authority,

then, so long as the initial notice continues in force, the registered building control approver by whom the notice was given shall undertake such functions as may be prescribed with respect to the inspection of plans of the work to which the notice relates, the supervision of that work and the giving and receiving of certificates and other notices.

(2) A local authority to whom an initial notice is given—

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

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

and, in a case where the work to which an inital notice relates is work of such a description that, if plans of it had been deposited with an application for building control approval in respect of it had been made to the local authority, the authority could, under any enactment, have imposed requirements as a condition of passing the plans granting the application, the local authority may impose the like requirements as a condition of accepting the initial notice.

(3) Unless, within the prescribed period, the local authority to whom an initial notice is given give notice of rejection, specifying the ground or grounds in question, to each of the persons by whom the initial notice was given, the authority is conclusively presumed to have accepted the initial notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

(3A) Subsection (3) does not apply in prescribed circumstances.

(4) An initial notice—

(a) comes into force when it is accepted by the local authority, either by notice given within the prescribed period to each of the persons by whom it was given or by virtue of subsection (3) above, and

(b) subject to section 51(3) below (final certificates) and section 53A (lapse of initial notice), continues in force until—

(i) it is cancelled by a notice under section 52 below, ...

(ia) it is cancelled, in whole or in part, by a notice under section 52A,

(ib) it is cancelled by a notice under section 53D, or

(ii) the occurrence of, or the expiry of a prescribed period of time beginning on the date of, such event as may be prescribed;

and building regulations may empower a local authority to extend (whether before or after its expiry) any such period of time as is referred to in paragraph (ii) above.

(5) The form prescribed for an initial notice may be such as to require—

(a) either or both of the persons by whom the notice is to be given to furnish information relevant for the purposes of this Act, Part II or IV of the Public Health Act 1936 or any provision of building regulations, and

(b) the registered building control approver by whom the notice is to be given to enter into undertakings with respect to their performance of any of the functions referred to in subsection (1) above.

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

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

(8) This section is subject to sections 53 and 53B (new initial notices).

Effect of initial notice

48

(1) So long as an initial notice continues in force, the function of enforcing building regulations that is conferred on a local authority by section 91(2) below is not exercisable in relation to the work to which the notice relates, and accordingly—

(a) a local authority may not give a notice under section 35B, 35C or 36(1) above in relation to that work, and

(b) a local authority may not institute proceedings under section 35 above for a contravention ... that arises out of the carrying out of that work.

(2) For the purposes of the enactments specified in subsection (3) below—

(a) the giving of an initial notice accompanied by such plans as are referred to in section 47(1)(b) above shall be treated as the deposit of plans making of an application for building control approval,

(b) the plans accompanying an initial notice shall be treated as the deposited plans plans accompanying the application for building control approval,

(c) the acceptance or rejection of an initial notice shall be treated as the passing or, as the case may be, the rejection of plans approval or rejection of the application, and

(d) the cancellation of an initial notice under section 52(5) below shall be treated as a declaration under section 32 above that the deposit of plans is of no effect.

where an initial notice ceases to be in force under section 53A, the application for building control approval (treated by virtue of paragraph (a) as made) is to be treated as if it was not made (and the approval was not given).

(3) The enactments referred to in subsection (2) above are—

(a) section 36(2) above,

(b) section 36(5) above, in so far as it relates to a notice under section 36(2) above and to non-compliance with any such requirement as is referred to in that subsection,

(d) section 18(2) above, and

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approved inspectors

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Plans certificates

50

(1) In this Part a “plans certificate” means a certificate by a registered building control approver that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the approver has given an initial notice).

(1A) The relevant conditions are that the registered building control approver—

(a) has inspected—

(i) full plans of the work, or

(ii) plans of the work that the approver is satisfied are sufficient for the purposes of giving a plans certificate in relation to the work,

(b) is satisfied that the plans are not defective,

(c) is satisfied that work carried out in accordance with the plans would not contravene any provision of building regulations, and

(d) has complied with any prescribed requirements as to consultation or otherwise.

(1B) Subsection (1C) applies if the person intending to carry out work to which an initial notice relates asks the registered building control approver who gave the initial notice to give a plans certificate in respect of the work.

(1C) If the relevant conditions are met, the approver must give a plans certificate to the local authority and the person intending to carry out the work.

(1D) A plans certificate must be in the prescribed form.

(2) If a registered building control approver refuses to give a plans certificate on being asked to do so, the person intending to carry out the work may appeal to—

(a) the regulator, in the case of work to be carried out in England;

(b) the Welsh Ministers, in the case of work to be carried out in Wales.

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

(a) a reference in this Part of this Act to an initial notice or to a plans certificate includes a reference to that form, but

(b) should the form cease to be in force as an ititial notice by virtue of section 47(4) above, nothing in that subsection affects the continuing validity of the form as a plans certificate.

(5) A plans certificate—

(a) may relate either to the whole or to part only of the work to which the initial notice concerned relates, and

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

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

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

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

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

(a) the registered building control approver by whom the certificate was given, and

(b) the other person to whom the registered building control approver gave the certificate,

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

(7A) Building regulations may make further provision in connection with plans certificates, including in particular provision—

(a) requiring a plans certificate to be given to the local authority in prescribed cases;

(b) about the consequences of failing to comply with such a requirement (for example, for an initial notice to cease to have effect in whole or in part);

(c) requiring a plans certificate stating that the condition in subsection (1A)(a)(ii) is met to include prescribed information about the further plans that the registered building control approver considers need to be provided.

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

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

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

Final certificates

51

(1) Where a registered building control approver is satisfied that any work to which an initial notice given by them relates has been completed, they shall give to the local authority by whom the initial notice was accepted such certificate with respect to the completion of the work and the discharge of their functions as may be prescribed (called a “final certificate”).

(2) Section 50(5) to (7) above has effect in relation to a final certificate as if any reference in those subsections to a plans certificate were a reference to a final certificate.

(3) Where a final certificate—

(a) has been given with respect to any of the work to which an initial notice relates, and

(b) has been accepted by the local authority concerned,

the initial notice ceases to apply to that work, but section 48(1) above continues to apply, by virtue of this subsection, in relation to that work as if the initial notice continued in force in relation to it.

Cancellation of initial notice

52

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

(a) the registered building control approver becomes or expects to become unable to carry out (or to continue to carry out) their functions with respect to any of the work to which the initial notice relates,

(b) the registered building control approver is of the opinion that any of the work is being so carried out that they are unable adequately to carry out their functions with respect to it, ...

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

(d) the registered building control approver is given a disciplinary order under section 58U (2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates,

(e) the registered building control approver is given a disciplinary order under section 58U (2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention), or

(f) it appears to the registered building control approver that a prescribed circumstance exists,

the registered building control approver, or in the case of paragraph (e) the person shown in the initial notice as the registered building control approver, must cancel the initial notice by notice in the prescribed form given to the local authority concerned and to the person carrying out or intending to carry out the work.

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

(a) that the registered building control approver has, in accordance with building regulations, given notice of the contravention to the person carrying out the work or intending to carry out the work, and

(b) that, within the prescribed period, the prescribed steps are not taken by the person who, in accordance with building regulations, is required to take them.

(3) If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work to which the notice relates that—

(a) the registered building control approver is no longer willing or able to carry out the registered building control approver’s functions with respect to any of that work, or

(b) a prescribed circumstance exists,

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

(4) If a person fails without reasonable excuse to give to a local authority a notice that he is required to give by subsection (1) or (3) above, he is liable on summary conviction to a fine ....

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

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

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

(5A) If, at a time when an initial notice is in force, it appears to the local authority concerned that a condition in subsection (5B) is satisfied, the authority must cancel the initial notice by notice in the prescribed form given to—

(a) the person shown in the initial notice as the registered building control approver, and

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

(5B) The conditions are—

(a) the registered building control approver is given a disciplinary order under section 58U (2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates;

(b) the registered building control approver is given a disciplinary order under section 58U (2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention);

(c) the registered building control approver is given a disciplinary order under section 58U (2)(d) (cancellation of registration);

(d) the registered building control approver has their registration cancelled under section 58Z6 (2) (serious contravention notices);

(e) a prescribed circumstance exists.

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

(7) Before cancelling an initial notice under subsection (5A) based on a condition in subsection (5B)(a), (b) or (e), the local authority must—

(a) give the person shown in the initial notice as the registered building control approver a notice in the prescribed form at least seven days before the day on which the initial notice is to be cancelled, and

(b) have regard to any representations made to the local authority during that period.

Effect of initial notice ceasing to be in force

53

(1) This section applies where an initial notice ceases to be in force by virtue of section 47(4)(b)(i) or (ii) above.

(2) Building regulations may provide that, if—

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

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

then with respect to the work specified in the certificate, such of the functions of a local authority referred to in section 48(1) above as may be prescribed for the purposes of this subsection either are not exercisable or are exercisable only in prescribed circumstances.

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

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

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

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

(4) Notwithstanding anything in subsections (2) and (3) above, for the purpose of enabling the local authority to perform the functions referred to in section 48(1) above in relation to any part of the work not specified in a plans certificate or final certificate, as the case may be, building regulations may require the local authority to be provided with plans that relate not only to that part but also to the part to which the certificate in question relates.

(4A) For the purpose of enabling the local authority to perform the functions referred to in section 48(1), the local authority may by notice require the person shown in the initial notice as the registered building control approver to give the local authority—

(a) any information the authority would have obtained if the authority had performed the function of enforcing building regulations in relation to the work to which the initial notice relates during the period in which the initial notice was in force, and

(b) any other information the local authority may reasonably require.

(4B) Where a person is required to give information under subsection (4A), the information must be given before the end of the prescribed period.

(4C) The person shown in the initial notice as the registered building control approver (the “outgoing approver”) must, before the end of the prescribed period, give the person carrying out or intending to carry out the work to which the initial notice relates—

(a) any information given to a local authority under subsection (4A),

(b) any other information that the outgoing approver obtained or created in relation to the work during the period in which the initial notice was in force, and

(c) any other information that the person carrying out or intending to carry out the work may by notice reasonably require for the purpose of enabling a person other than the outgoing approver to perform the functions referred to in section 48(1) in relation to the work.

(4D) A notice under subsection (4C)(c)—

(a) may only require information to be given in relation to work carried out during the period in which the initial notice was in force;

(b) may require information to be provided in a specified format.

(5) In any case where this section applies, the reference in subsection (4) of section 36 above 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 initial notice ceased to be in force.

(6) Subject to any provision of building regulations made by virtue of subsection (2) above, if, before the initial notice ceased to be in force, an offence under section 35 above was committed with respect to any of the work to which that notice relates, proceedings for that offence may be commenced by the local authority at any time within six months beginning with the day on which the function of the local authority referred to in section 48(1) above became exercisable with respect to the provision of building regulations to which the offence relates.

(6A) Subsection (6) above is without prejudice to any ability which, after that function has become exercisable, the local authority may have under section 35A above to commence proceedings for the offence after the end of that period of six months.

(7) A new initial notice relating to any of the work to which the original initial notice related (the “original work”) may be given only if—

(a) in the case of an initial notice that ceases to be in force by virtue of—

(i) being cancelled under section 52(1)(d) or (e),

(ii) being cancelled under section 52(5A) based on a condition in section 52(5B)(a) to (d), or

(iii) such other provision as may be prescribed,

the conditions in subsection (8) are met, or

(b) in any other case, the conditions in subsection (9) are met.

(8) The conditions referred to in subsection (7)(a) are that the new initial notice—

(a) is given before the end of the period of seven days beginning with the day on which the original initial notice ceased to be in force or such other period as may be prescribed,

(b) relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority, and

(9) The conditions referred to in subsection (7)(b) are that—

(a) before the original initial notice ceases to be in force, the original registered building control approver has given a final certificate under section 51 in respect of any part of the work which they are satisfied has been completed, and

(b) the new initial notice relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority.

(10) Where—

(a) a plans certificate has been given in respect of any of the original work,

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

section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.

(11) Section 53B applies in relation to a new initial notice given in accordance with subsection (7)(a).

(12) The appropriate national authority may issue guidance about the process for—

(a) the giving of a new initial notice under subsection (7);

(b) the giving of a transfer certificate and a transfer report under section 53B;

(13) The appropriate national authority may revise or withdraw any issued guidance.

(14) The following must have regard to guidance issued under subsection (12)—

(a) a local authority;

(b) a registered building control approver;

(c) a person carrying out or intending to carry out work to which a new initial notice given under subsection (7) relates.

Supervision of their own work by public bodies

Giving, acceptance and effect of public body's notice

54

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

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

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

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

(1A) A public body’s notice is of no effect to the extent that it relates to higher-risk building work in England (and accordingly Schedule 4 does not have effect in relation to such work).

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

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

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

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

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

(4) Section 48 above has effect for the purposes of this section—

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

(b) with the substitution, in subsection (2)(a), of a reference to subsection (1)(c) of this section for the reference to section 47(1)(b) , and

(c) with the substitution, in subsection (2)(d), of a reference to paragraph 4A of Schedule 4 for the reference to section 53A.

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

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

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

(6) Where a public body’s notice is given and accepted by the local authority to whom it is given, the provisions of Schedule 4 to this Act have effect, being provisions that correspond, as nearly as may be, to those made by the preceding provisions of this Part of this Act for the case where an initial notice is given and accepted.

Supplementary

Appeals

55

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

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

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

may appeal to the appropriate court or tribunal ....

(2) On an appeal under subsection (1) above, the court or tribunal shall—

(a) if it determines that the notice , report or certificate was properly rejected, confirm the rejection, and

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

(2A) Where a local authority cancels an initial notice, in whole or in part, by giving a notice (a “cancellation notice”) under section 52A (4)—

(a) the person shown in the initial notice as the person intending to carry out the work, or

(b) the registered building control approver,

may appeal to the appropriate court or tribunal.

(2B) On an appeal under subsection (2A), the court or tribunal must determine whether the relevant part of the initial notice was properly cancelled.

(2C) In a case where the court or tribunal determines that the relevant part of the initial notice was not properly cancelled—

(a) the determination does not have the effect of reinstating the relevant part of the initial notice;

(b) section 52B (2) and (6) continue to apply in relation to the relevant part of the initial notice;

(c) a new initial notice relating to any of the work to which the relevant part of the original initial notice related (the “original work”) may be given only if the new initial notice—

(i) is given before the end of the period of seven days beginning with the day on which the appeal is determined or such other period as may be prescribed, and

(ii) relates to all of the original work, except for any work in respect of which a final certificate has been accepted by the local authority;

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

(2D) Where—

(a) a plans certificate has been given in respect of any of the original work,

(b) the conditions in paragraphs (a) and (b) of section 53(2) are fulfilled with respect to that certificate, and

section 50(1C) does not apply in relation to so much of the work to which the new initial notice relates as is work specified in the plans certificate.

(2E) Where—

(a) a new initial notice is given in accordance with subsection (2C)(c), and

(b) the registered building control approver shown in the new initial notice is different to the registered building control approver shown in the original initial notice,

sections 53B to 53E apply as if any reference in those sections to a new initial notice given in accordance with section 53(7)(a) were a reference to a new initial notice given in accordance with section 55(2C)(c).

(2F) In this section the “relevant part of the initial notice” means so much of the initial notice as was subject to the cancellation notice.

(3) Where a person is aggrieved by a determination, confirmation, direction or other decision of a magistrates’ court under this section, he may appeal to the Crown Court.

(4) On an appeal under subsection (1), the local authority must give the specified information to the regulator.

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

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

Recording and furnishing of information

56

(1) Every local authority in Wales shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to initial notices amendment notices, notices under section 51C above,, public body’s notices , transfer reports and certificates given to them, including information (where applicable) as to whether such notices , reports or certificates have been accepted or rejected.

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

(3) The reference in subsection (1) above to certificates is a reference to plans certificates, final certificates , transfer certificates and public body’s final certificates.

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

(5) Where an initial notice or a public body’s notice has continued in force for any period, the local authority by whom it was accepted may require the registered building control approver or public body by whom it was given to furnish them with any information that—

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

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

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

Offences

57

(1) If a person—

(a) gives a notice or certificate that—

(i) purports to comply with the requirements of this Part or a provision of building regulations that is designated by the regulations for the purposes of this section, and

(ii) contains a statement that he knows to be false or misleading in a material particular, ...

(aa) fails without reasonable excuse to comply with a requirement under section 53(4A) to give information, or

(b) recklessly gives a notice or certificate that—

(i) purports to comply with those requirements, and

(ii) contains a statement that is false or misleading in a material particular,

he is guilty of an offence.

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

(a) on summary conviction, to a fine ... or imprisonment for a term not exceeding six months or both, and

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

(3) Where a registered building control approver is convicted of an offence under this section, the court by or before which they are convicted must, within one month of the date of conviction, forward a certificate of the conviction to—

(a) the regulatory authority, or

(b) if the regulatory authority has delegated its functions in relation to the register of building control approvers to another person under section 58Y, that person.

Construction of Part II

58

(1) In this Part of this Act—

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

(3) A reference in this Part of this Act to an initial notice given by a registered building control approver is a reference to a notice given by them jointly with another person as mentioned in section 47(1)(a) above.

Part III — Other Provisions about Buildings

Drainage

Drainage of building

59

(1) If it appears to a local authority that in the case of a building—

(a) satisfactory provision has not been, and ought to be, made for drainage . . .,

(b) a cesspool, private sewer, drain, soil pipe, rain-water pipe, spout, sink or other necessary appliance provided for the building is insufficient or, in the case of a private sewer or drain communicating directly or indirectly with a public sewer, is so defective as to admit subsoil water,

(c) a cesspool or other such work or appliance as aforesaid provided for the building is in such a condition as to be prejudicial to health or a nuisance, or

(d) a cesspool, private sewer or drain formerly used for the drainage of the building, but no longer used for it, is prejudicial to health or a nuisance,

they shall by notice require the owner of the building to make satisfactory provision for the drainage of the building, or, as the case may be, require either the owner or the occupier of the building to do such work as may be necessary for renewing, repairing or cleansing the existing cesspool, sewer, drain, pipe, spout, sink or other appliance, or for filling up, removing or otherwise rendering innocuous the disused cesspool, sewer or drain.

(2) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.

(3) Subsections (4), (5) and (6) of section 21 above apply in relation to a drain that a local authority require to be constructed under this section as they apply in relation to such a proposed drain as is mentioned in that section.

(4) Subsection (1) above, so far as it empowers a local authority to take action in the cases mentioned in paragraphs (a) and (b) of the subsection, does not apply in relation to a building belonging to statutory undertakers . . . the Civil Aviation Authority or a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) and held or used by such a body or person for the purpose of that body’s or that person’s undertaking, unless it is—

(a) a house, . . . or

(b) a building used as offices or showrooms, and not forming part of a railway station ...... .

(5) For the purposes of subsection (4) above, the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall be taken to be the person’s undertaking as licence holder.

(6) In subsection (1) above, “drainage” includes the conveyance, by means of a sink and any other necessary appliance, of refuse water and the conveyance of rainwater from roofs.

(7) Schedule 3 to the Flood and Water Management Act 2010 extends the power under subsection (1)(c) of this section to sustainable drainage systems as defined in regulations under that Schedule.

Use and ventilation of soil pipes

60

(1) A pipe for conveying rain-water from a roof shall not be used for the purpose of conveying the soil or drainage from a sanitary convenience.

(2) The soil pipe from a water-closet shall be properly ventilated.

(3) A pipe for conveying surface water from premises shall not be permitted to act as a ventilating shaft to a drain or sewer conveying foul water.

(4) If it appears to the local authority . . . that there is on any premises a contravention of any provision of this section, they may by notice require the owner or the occupier of those premises to execute such work as may be necessary to remedy the matter.

(5) Sections 99 and 102 below apply in relation to a notice given under subsection (4) above.

Repair etc. of drain

61

(1) No person shall—

(a) except in case of emergency, repair, reconstruct or alter the course of an underground drain that communicates with a sewer, or with a cesspool or other receptacle for drainage, or

(b) where in a case of emergency any such works have been executed without notice, cover over the drain or sewer,

without giving to the local authority at least 24 hours’ notice of his intention to do so.

(2) While any such work as aforesaid is being executed, all persons concerned shall permit the proper officer, or any other authorised officer, of the local authority to have free access to the work.

(3) A person who fails to comply with this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) This section does not apply to—

(a) so much of a drain or sewer constructed by, or belonging to, a railway company as runs under, across or along their railway, or

(b) so much of a drain or sewer constructed by, or belonging to, dock undertakers as is situated in or on land of the undertakers that is held or used by them for the purposes of their undertaking.

Disconnection of drain

62

(1) Where a person—

(a) reconstructs in the same or a new position a drain that communicates with a sewer or another drain,

(b) executes any works to such a drain so as permanently to discontinue its use, or

he shall cause any drains or parts of drains thereby becoming disused or unnecessary to be disconnected and sealed at such points as the local authority may resonably require.

(2) Any question as to the reasonableness of a requirement of a local authority under this section shall be determined by the appropriate court or tribunal, and the court or tribunal may vary the requirement as it thinks fit.

(3) No one shall be required under this section to carry out any work in land outside the premises served by the drain if he has not right to carry out that work, but, subject to section 101 below, the person undertaking the reconstruction of the drain or the execution of the works may break open any street for the purpose of complying with a requirement under this section.

(4) Before a person complies with a requirement under this section, he shall give at least 48 hours’ notice to the local authority, and a person who fails to comply with this subsection is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(5) A person who knowingly fails to comply with subsection (1) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £1 for each day on which the default continues after he is convicted.

(6) This section does not apply in relation to anything done in the course of the demolition of a building, or of part of a building, being a demolition as respects which the local authority have power under section 81 below to serve a notice on the person undertaking the demolition.

Improper construction or repair of water-closet or drain

63

(1) If a water-closet, drain or soil pipe is so constructed or repaired as to be prejudicial to health or a nuisance, the person who undertook or executed the contruction or repair is liable on summary conviction to a fine not exceeding level 1 on the standard scale, unless he shows that the prejudice to health or nuisance could not have been avoided by the exercise of reasonable care.

(2) A person charged with an offence under this section (hereafter in this section referred to as “the original defendant”) is entitled, upon information duly laid by him and on giving to the prosecutor not less than three clear days’ notice of his intention, to have any other person, being his agent or servant, to whose act or default he alleges that the offence was due brought before the court at the time appointed for the hearing of the charge; and—

(a) if after the commission of the offence has been proved the original defendant proves that the offence was due to the act or default of that other person, that other person may be convicted of the offence, and

(b) if the original defendant further proves that he used all due diligence to secure that the water-closet, drain or soil pipe in question was so constructed or repaired as not to be prejudicial to health or a nuisance, he shall be acquitted of the offence.

(3) Where the original defendant seeks to avail himself of subsection (2) above—

(a) the prosecutor as well as the person whom the original defendant charges with the offence has the tight to cross-examine the original defendant, if he gives evidence, and any witness called by him in support of his pleas, and to call rebutting evidence, and

(b) the court may make such order as it thinks fit for the payment of costs by any party to the proceedings to any other party to them.

(4) In this section in its application to Greater London, a reference to a water-closet includes a reference to a urinal.

Provision of sanitary conveniences

Provision of closets in building

64

(1) If it appears to a local authority—

(a) that a building is without sufficient closet accommodation,

(b) that a part of a building, being a part that is occupied as a separate dwelling, is without sufficient closet accommodation, or

(c) that any closets provided for or in connection with a building are in such a state as to be prejudicial to health or a nuisance and cannot without reconstruction be put into a satisfactory condition,

the authority shall, by notice to the owner of the building, require him to provide the building with such closets or additional closets, or such substituted closets, being in each case either water-closets or earth-closets, as may be necessary.

(2) Unless a sufficient water supply and sewer are available, the authority shall not require the provision of a water-closet except in substitution for an existing water-closet.

(3) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above.

(4) Among the grounds on which an appeal may be brought under section 102 below against such a notice is that—

(a) the need for the works to be executed under the notice would not, in whole or in part, arise but for the occupation of part of the building as a separate dwelling, and the occupation of that part as a separate dwelling is a matter in respect of which the appellant has a cause of action, and

(b) the person against whom the appellant has a cause of action ought to contribute towards the expenses of executing the works.

(5) Where the grounds on which an appeal under section 102 below is brought include the ground specified in subsection (4) above—

(a) the appellant shall serve a copy of his notice of appeal on the person or persons referred to in that ground of appeal, and

(b) on the hearing of the appeal the court or tribunal may make such order as it thinks fit with respect to—

(i) the contribution to be made by any such person towards the cost of the works, or

(ii) the proportion in which any expenses that may be recoverable by the local authority are to be borne by the appellant and any such other person.

(6) This section does not apply to—

(a) a factory,

(b) a building that is used as a workplace, or

Provision of sanitary conveniences in workplace

65

(1) A building that is used as a workplace shall be provided with—

(a) sufficient and satisfactory accommodation in the way of sanitary conveniences, regard being had to the number of persons employed in, or in attendance at, the building, and

(b) where persons of both sexes are employed or in attendance, sufficient and satisfactory separate accommodation for persons of each sex, unless the local authority are satisfied that in the circumstances of the partiuclar case the provision of such separate accommodation is unnecessary.

(2) If it appears to the local authority that subsection (1) above is not complied with in the case of any building, they shall by notice require the owner or the occupier of the building to make such alterations in the existing conveniences, and to provide such additional conveniences, as may be necessary.

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