Building Act 1984

• (4) The Secretary of State may also make a transfer order in respect of a local authority if—

• (a) under section 58Z7(2) the regulator recommends that the Secretary of State make a transfer order in respect of the authority, and

• (b) the Secretary of State is satisfied that the way in which the authority exercises its functions under this Act—

• (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.

• (5) The Welsh Ministers may also make a transfer order in respect of a local authority if the Welsh Ministers are satisfied that the way in which the authority exercises its functions under this Act—

• (a) falls short of the standards expected, and

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

and is likely to continue to do so.

• (6) A “transfer order”, in respect of a local authority or joint board, is an order transferring to the appropriate national authority, or to another local authority, such functions of the authority or board as may be specified in the order.

Expenses of Secretary of State

117

• (A1) This section applies where the appropriate national authority has transferred functions to itself by a transfer order under section 116.

• (A2) Any expenses incurred by the Secretary of State in discharging the transferred functions are to be paid in the first instance out of money provided by Parliament.

• (1) Where the Secretary of State has by order under section 116(2) above transferred functions to himself, any expenses incurred by him in discharging those functions shall be paid in the first instance out of moneys provided by Parliament, but the amount of those expenses as certified by the Secretary of State The amount of any expenses certified by the appropriate national authority as having been incurred by the authority in discharging the transferred functions—

• (a) shall be paid to him the authority by the body in default on demand, and

• (b) is recoverable by him from it as a debt due to the Crown the authority from the body as a debt due to the authority,

and that body has the like power of raising the money required as it has of raising money for defraying expenses incurred directly by it.

• (2) The payment of such expenses as aforesaid is, to such extent as may be sanctioned by the Secretary of State appropriate national authority, a purpose for which a local authority or joint board may borrow money in accordance with the statutory provisions relating to borrowing by such an authority or board.

Variation or revocation of order transferring powers

118

• (1) Where the Secretary of State appropriate national authority has made an order under section 116(2) a transfer order under section 116 above, he it may at any time by a subsequent order vary or revoke that order, but without prejudice to the validity of anything previously done.

• (1A) The Secretary of State must consult the regulator before making an order under subsection (1).

• (2) Where an order is so revoked, the Secretary of State appropriate national authority may, either by the revoking order or by a subsequent order, make such provision as appears to him it to be desirable with respect to the transfer, vesting and discharge of any property or liabilities acquired or incurred by him in discharging functions to which the revoked order related. , by the person to whom the revoked order transferred functions, in discharging those functions.

Local inquiries

Local inquiries

119

• (1) The appropriate national authority or the regulator may cause a local inquiry to be held in a case where it is authorised by this Act to determine a difference, to make an order, to give a consent or approval or otherwise to act under such a provision.

• (2) Section 250 of the Local Government Act 1972 (power to direct inquiries) applies in relation to a local inquiry caused to be held by the regulator as it applies in relation to one caused to be held by the Secretary of State.

Orders and regulations

Orders

120

• (1) The power to make an order under section 134(1) is exercisable by statutory instrument, and different days may be appointed by such an order for different provisions or for different purposes.

• (2) An order under section ... 134(1) (a), (b) or (c) below may contain such transitional provisions and savings as appear to the Secretary of State or Welsh Ministers to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions as appear to the Secretary of State or Welsh Ministers necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

Interpretation

Meaning of “building ”

121

• (1) The word “building”, for the purposes of—

• (a) Part I of this Act, and

• (b) any other enactment (whether or not contained in this Act) that relates to building regulations, or that mentions “buildings” or “a building” in a context from which it appears that those expressions are there intended to have the same meaning as in Part I of this Act,

means any permanent or temporary building, and, unless the context otherwise requires, it includes any other structure or erection of whatever kind or nature (whether permanent or temporary).

• (2) In subsection (1) above, “structure or erection” includes a vehicle, vessel, hovercraft, aircraft or other movable object of any kind in such circumstances as may be prescribed (being circumstances that in the opinion of the appropriate national authority justify treating it for those purposes as a building).

• (3) For the purposes mentioned in subsection (1) above, unless the context otherwise requires—

• (a) a reference to a building includes a reference to part of a building and

• (b) a reference to the provision of services, fittings and equipment in or in connection with buildings, or to services, fittings and equipment so provided, includes a reference to the affixing of things to buildings or, as the case may be, to things so affixed.

• (4) Nothing in this section applies in relation to section 120D or 120I.

Meaning of “building regulations ”

122

In this Act—

• (a) “building regulations” means, subject to paragraph (b) below, regulations made under section 1 above;

• (b) a reference to building regulations, in a particular case in relation to which a requirement of building regulations is for the time being dispensed with, waived, relaxed or modified by virtue of section 8 or 11 above or any other enactment, is a reference to building regulations as they apply in that case, unless the context otherwise requires.

Meaning of “construct ” and “erect”

123

• (1) For the purposes of—

• (a) Part I of this Act, and

• (b) any other enactment (whether or not contained in this Act) that relates to building regulations, or that mentions “buildings” or “a building” in a context from which it appears that those expressions are there intended to have the same meaning as in the said Part I,

references to the construction or erection of a building include references to—

• (i) the carrying out of such operations (whether for the reconstruction of a building, the roofing over of an open space between walls or buildings, or otherwise) as may be designated in building regulations as operations falling to be treated for those purposes as the construction or erection of a building, and

• (ii) the conversion of a movable object into what is by virtue of section 121(1) and (2) above a building.

and “construct” and “erect” shall be construed accordingly.

• (2) For the purposes of Part III of this Act, each of the following operations is deemed to be the erection of a building—

• (a) the re-erection of a building or part of a building when an outer wall of that building or, as the case may be, that part of a building has been pulled down, or burnt down, to within 10 feet of the surface of the ground adjoining the lowest storey of the building or of that part of the building,

• (b) the re-erection of a frame building or part of a frame building when that building or part of a building has been so far pulled down, or burnt down, as to leave only the framework of the lowest storey of the building or of that part of the building,

• (c) the roofing over of an open space between walls or buildings,

and “erect” shall be construed accordingly.

Meaning of deposit of plans

124

In this Act, a reference to the deposit of plans in accordance with building regulations is a reference to the deposit of plans in accordance with building regulations for the purposes of section 16 above, unless the context otherwise requires.

Construction and availability of sewers

125

• (1) A reference in Part I of this Act to the construction of a sewer includes a reference to the extension of an existing sewer.

• (2) For the purposes of sections 64(2) and 66(1) above, a building or proposed building—

• (a) is not deemed to have a sufficient water supply available unless—

• (i) it has a sufficient supply of water laid on, or

• (ii) such a supply can be laid on to it from a point within 100 feet of the site of the building or proposed building, and the intervening land is land through which the owner of the building or proposed building is, or will be, entitled to lay a communication pipe, and

• (b) is not deemed to have a sewer available unless—

• (i) there is within 100 feet of the site of the building or proposed building, and at a level that makes it reasonably practicable to construct a drain to communicate with it, a public sewer or other sewer that the owner of the building or proposed building is, or will be, entitled to use, and

• (ii) the intervening land is land through which he is entitled to construct a drain.

• (3) The limit of 100 feet does not apply, for the purposes of subsection (2) above, if the local authority undertake to bear so much of the expenses reasonably incurred in—

• (a) constructing, and maintaining and repairing, a drain to communicate with a sewer, or

• (b) laying, and maintaining and repairing, a pipe for the purpose of obtaining a supply of water,

as the case may be, as is attributable of the fact that the distance of the sewer, or of the point from which a supply of water can be laid on, exceeds 100 feet.

General interpretation

126

In this Act, unless the context otherwise requires—

• “Act” includes an enactment contained in a local Act;

• “appropriate court or tribunal” means—in relation to England, the tribunal;in relation to Wales, a magistrates’ court;

• “appropriate national authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;

• ...

• “authorised officer”, in relation to a local authority, means—an officer of the local authority authorised by them in writing, either generally or specially, to act in matters of a specified kind or in a specified matter, orby virtue of his appointment and for the purpose of matters within his province, a proper officer of the local authority ...;

• “building control approval” has the meaning given by paragraph 1B of Schedule 1;

• “building control authority” has the meaning given by section 121A;

• “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;

• “closet” includes privy;

• “contravention” includes failure to comply, and “contravene” has a corresponding meaning;

• “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

• ...

• “drain” means a drain used for the drainage of one building or of buildings or yards appurtenant to buildings within the same curtilage, and includes any manholes, ventilating shafts, pumps or other accessories belonging to the drain;

• “earth-closet” means a closet having a movable receptacle for the reception of faecal matter and its deodorisation by the use of earth, ashes or chemicals, or by other methods;

• “enactment” includes an enactment contained in a local Act;

• “factory” has the meaning given by section 175 of the Factories Act 1961;

• “fire and rescue authority” in relation to any premises or proposed premises, means—where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises or proposed premises, the enforcing authority within the meaning given by article 25 of that Order;in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are or are to be situated;

• “functions” includes powers and duties;

• “higher-risk building”—in relation to England, has the meaning given by section 120D;in relation to Wales, has the meaning given by section 120I;

• “higher-risk building work”—in relation to England, has the meaning given by section 91ZA;in relation to Wales, has the meaning given by section 120I;

• “highway authority” means, in the case of a highway repairable by the inhabitants at large, the council in whom the highway is vested;

• “house” means a dwelling-house, whether a private dwelling-house or not;

• “inner London” means the area comprising the inner London boroughs, the City of London, the Inner Temple and the Middle Temple;

• “joint board” has the meaning given by section 343(1) of the Public Health Act 1936;

• ...

• “local Act” includes a provisional order confirmed by Parliament, and the confirming Act so far as it relates to that order;

• “local authority” means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple or, for the purposes of Parts I and II above and of this Part so far as it relates to them, the Council of the Isles of Scilly but, in relation to Wales, means the council of a county or county borough;;

• “maximum summary term for either-way offences”, with reference to imprisonment for an offence, means—if the offence is committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;if the offence is committed after that time, 12 months;

• “modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly;

• “officer” includes servant;

• “owner” means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive it if those premises were let at a rackrent;

• “plans” includes drawings of any other description, and also specifications or other information in any form;

• “prejudicial to health” means injurious, or likely to cause injury, to health;

• “premises” includes buildings, land, easements and hereditaments of any tenure;

• “prescribed” means prescribed by building regulations;

• “private sewer” means a sewer that is not a public sewer;

• “proper officer”, in relation to a purpose and to a local authority, means an officer appointed for that purpose by that authority;

• “public sewer” has the same meaning as in the Water Industry Act 1991;

• “rackrent”, in relation to property, means a rent that is not less than two-thirds of the rent at which the property might reasonably be expected to let from year to year, free from all usual tenant’s rates and taxes, and deducting from it the probable average annual cost of the repairs, insurance and other expenses (if any) necessary to maintain the property in a state to command such rent;

• “rating district” has the meaning given by section 115(1) of the General Rate Act 1967;

• “registered building control approver” has the meaning given by section 58N;

• “registered building inspector” has the meaning given by section 58B;

• “the regulator” means the Building Safety Regulator;

• “regulatory authority” has the meaning given by section 58A;

• ...

• “sanitary convenience” means closet or urinal;

• “school” includes a Sunday school or a Sabbath school;

• “sewer” does not include a drain as defined in this section, but otherwise it includes all sewers and drains used for the drainage of buildings and yards appurtenant to buildings, and any manholes, ventilating shafts, pumps or other accessories belonging to the sewer;

• ...

• ...

• “statutory undertakers” means persons authorised by an enactment or statutory order to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, ... ..., ... or other public undertaking; but does not include a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) or a relevant company (within the meaning of Part 4 of the Postal Services Act 2000);

• ...

• “street” includes a highway, including a highway over a bridge, and a road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;

• “substantive requirements”, in relation to building regulations, means the requirements of building regulations with respect to the matters mentioned in section 1(1A) above (including requirements imposed by virtue of section 2(1) or (2)(a) or (b) above) and requirements that are of a kind mentioned in subsection (2)(a), (b) or (c) of section 2A above and are imposed by virtue of subsection (1) of that section, as distinct from procedural requirements;

• “surface water” includes water from roofs;

• “the tribunal” means the First-tier Tribunal;

• “water-closet” means a closet that has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action;

• “workplace” does not include a factory, but otherwise it includes any place in which persons are employed otherwise than in domestic service.

Construction of certain references concerning Temples

127

In relation to the Inner Temple and the Middle Temple, a reference in a provision of this Part of this Act to the proper officer or an officer or authorised officer of a local authority is a reference to an officer authorised by the Sub-Treasurer or the Under Treasurer, as the case may be, to act for the purposes of that provision.

Savings

Protection for dock and railway undertakings

128

Section 333 of the Public Health Act 1936 applies in relation to local authorities acting under this Act as it applies in relation to local authorities acting under that Act.

Saving for Local Land Charges Act 1975

129

Nothing in this Act about the recovery of expenses from owners of premises affects the Local Land Charges Act 1975.

Saving for other laws

130

All powers and duties conferred or imposed by this Act are in addition to, and not in derogation of, any other powers and duties conferred or imposed by Act, law or custom, and subject to any express provision of this Act, all such other powers and duties may be exercised and shall be performed in the same manner as if this Act had not been passed.

Restriction of application of Part IV to

131

This Part has effect subject to paragraph 13 of Schedule 3 to this Act.

Part V — Supplementary

Transitional provisions

132

The transitional provisions contained in Schedule 5 to this Act have effect.

Consequential amendments and repeals

133

• (1) The enactments specified in Schedule 6 to this Act have effect subject to the amendments specified in that Schedule.

• (2) The enactments specified in Schedule 7 to this Act are repealed to the extent specified in the third column of that Schedule.

Commencement

134

• (1) The following provisions of this Act—

• (a) sections 12, 13, 31, 38, 42(4) to (6) and 43(3), except so far as they enable regulations to be made,

• (b) sections 20, 33, 42(1) to (3), 43(1) and (2), 44 and 45,

• (c) section 133(2) and Schedule 7 so far as they relate to . . . the Atomic Energy Authority Act 1954, and

• (d) section 50(2) and (3) and paragraph 9 of Schedule 1,

come into force on such day as the Secretary of State may by order appoint.

• (1A) Except so far as relating to the provisions listed in subsection (1B), the reference in subsection (1) to the Secretary of State is to be read, in relation to Wales, as a reference to the Welsh Ministers.

• (1B) The provisions mentioned in subsection (1A) are sections 38, 44, 45 and 133(2) and Schedule 7.

• (2) Subject to—

• (a) subsection (1) above, and

• (b) sections . . . 42(7) above,

this Act comes into force on 1st December 1984.

Short title and extent

135

• (1) This Act may be cited as the Building Act 1984.

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

SCHEDULE 1

1

Building regulations may—

• (a) provide for particular requirements of the regulations to be deemed to be complied with where prescribed methods of construction, prescribed types of materials or other prescribed means are used in or in connection with buildings

• (b) be framed to any extent by reference to a document published by or on behalf of the appropriate national authority or another person or a body, or by reference to the approval or satisfaction of a prescribed person or body.

2

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3

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4

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5

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6

Building regulations may make a prescribed person or class of persons responsible (instead of building control authorities) for performing prescribed functions of building control authorities under or in connection with building regulations, and for that purpose may provide for a prescribed enactment relating to building regulations and a prescribed provision of such regulations to apply (with any prescribed modifications) in relation to a prescribed person or a person of a prescribed class as that enactment or provision applies in relation to a building control authority.

7

Without prejudice to the generality of section 1(1) of this Act, building regulations may—

• (a) for any of the purposes mentioned in section 1(1) of this Act, make provision with respect to any of the following matters—

• (i) preparation of sites,

• (ii) suitability, durability, use and re-use of materials and components (including surface finishes),

• (iii) structural strength and stability, including—

• (a) precautions against overloading, impact and explosion,

• (b) measures to safeguard adjacent buildings and services,

• (c) underpinning,

• (iv) fire precautions, including—

• (a) structural measures to resist the outbreak and spread of fire and to mitigate its effects,

• (b) services, fittings and equipment designed to mitigate the effects of fire or to facilitate fire-fighting,

• (c) means of escape in case of fire and means for securing that such means of escape can be safely and effectively used at all material times,

• (v) resistance to moisture and decay,

• (vi) measures affecting the transmission of heat,

• (vii) measures affecting the transmission of sound,

• (viii) measures to prevent infestation,

• (ix) measures affecting the emission of smoke, gases, vapours, fumes, grit or dust or other noxious or offensive substances,

• (x) drainage (including waste disposal units),

• (xi) cesspools and other means for the reception, treatment or disposal of foul matter,

• (xii) storage, treatment and removal of waste,

• (xiii) installations utilising solid fuel, oil, gas, electricity or any other fuel or power (including appliances, storage tanks, heat exchangers, ducts, fans and other equipment),

• (xiv) water services (including wells and bore-holes for the supply of water) and fittings and fixed equipment associated therewith (including equipment for monitoring and measuring supplies of water),

• (xv) telecommunications services (including telephones and radio and television wiring installations),

• (xvi) lifts, escalators, hoists, conveyors and moving footways,

• (xvii) plant providing air under pressure,

• (xviii) standards of heating, artificial lighting, mechanical ventilation and air-conditioning and provision of power outlets,

• (xix) open space about buildings and the natural lighting and ventilation of buildings,

• (xx) accommodation for specific purposes in or in connection with buildings, and the dimensions of rooms and other spaces within buildings,

• (xxi) means of access to and egress from buildings and parts of buildings

• (xxii) prevention of danger and obstruction to persons in and about buildings (including passers-by),

• (xxiia) measures relating to the security of buildings,

• (xxiib) measures affecting the use of fuel or power,

• (xxiic) equipment for monitoring and measuring supplies of fuel, power or heat,

• (xxiid) recycling facilities (including facilities for composting),

• (xxiie) the production of heat or the generation of electricity by microgeneration (as defined for the purposes of this paragraph by building regulations),

• (xxiii) matters connected with or ancillary to any of the foregoing matters,

• (b) require things to be provided or done in connection with buildings (as well as regulating the provision or doing of things in connection with buildings),

• (c) prescribe the manner in which work is to be carried out.

8

• (1) Building regulations may be made with respect to—

• (a) alterations and extensions of buildings and of services, fittings and equipment in or in connection with buildings,

• (b) new services, fittings or equipment provided in or in connection with buildings,

• (c) buildings and services, fittings and equipment in or in connection with buildings, so far as affected by—

• (i) alterations or extensions of buildings, or

• (ii) new, altered or extended services, fittings or equipment in or in connection with buildings,

• (d) the whole of a building, together with any services, fittings or equipment provided in or in connection with it, in respect of which there are or are proposed to be carried out any operations that by virtue of section 123(1) of this Act constitute the construction of a building for the purposes of this paragraph,

• (e) buildings or parts of buildings, together with any services, fittings or equipment provided in or in connection with them, in cases where the purposes for which or the manner or circumstances in which a building or part of a building is used change or changes in a way that constitutes a material change of use of the building or part within the meaning of the expression “material change of use” as defined ... by building regulations.

• (f) buildings or parts of buildings, together with any services, fittings or equipment provided in or in connection with them, in cases where the persons in occupation of a building or part of a building change in prescribed circumstances.

• (2) Subject to sub-paragraphs (3) to (7) below and to sections 2(2) and 2A of this Act, building regulations shall not apply to or in connection with buildings erected before the date on which the regulations come into force.

• (3) The following building regulations may be made to apply to or in connection with buildings erected before the date on which the regulations come into force—

• (a) regulations falling within sub-paragraph (1)(a) to (e) above;

• (b) regulations made with respect to the demolition of buildings;

• (c) regulations made with respect to the use of materials or components (including surface finishes) that (in whole or in part) have been produced from, or incorporate, recycled items;

• (d) regulations made with respect to the re-use of materials or components (including surface finishes);

• (e) regulations falling within sub-paragraph (4) below.

• (4) Building regulations fall within this sub-paragraph if—

• (a) in accordance with sub-paragraph (1)(f) above, they are framed by reference to a change in the occupants of a building (or part); and

• (b) they are—

• (i) made for the purpose mentioned in section 1(1)(b) of this Act; or

• (ii) made (otherwise than for that purpose) with respect to measures calculated to secure, or to contribute to, the prevention or reduction of emissions (whether or not from the building in question) of smoke, gases, vapours or fumes.

• (5) The provision that may be made by building regulations includes provision imposing on a person carrying out work of any type in relation to a building (whenever erected), or in relation to any service, fitting or equipment provided in or in connection with a building (whenever erected)—

• (a) a requirement to do things for the purpose mentioned in section 1(1)(b) of this Act; or

• (b) a requirement to do things (otherwise than for that purpose) with respect to measures calculated to secure, or to contribute to, the prevention or reduction of emissions (whether or not from the building in question) of smoke, gases, vapours or fumes.

• (5A) The provision that may be made by building regulations includes provision imposing on a person carrying out work of any type in relation to a building (whenever erected), or in relation to any service, fitting or equipment provided in or in connection with a building (whenever erected), a requirement to do things for the purpose mentioned in section 1(1)(a) of this Act in so far as it relates to the resistance or resilience of buildings in respect of flooding.

• (6) The things whose doing may be required by virtue of sub-paragraph (5) or (5A) above are—

• (a) things to be done in relation to the work in question;

• (b) any other things but only if they are to be done in relation to—

• (i) the building in question; or

• (ii) any service, fitting or equipment provided in or in connection with that building.

• (7) The provision that may be made by building regulations includes provision imposing a requirement to do things for the purpose mentioned in section 1(1)(b) (conserving fuel and power) in any case where a building becomes a building of a prescribed description.

9

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10

• (1) Building regulations may make supplementary, incidental, transitional, transitory or saving provision.

• (2) Building regulations may make—

• (a) different provision for different purposes, and

• (b) different provision for different areas.

• (3) The power conferred by sub-paragraph (2)(a) includes in particular the power to make different provision for—

• (a) higher-risk buildings or proposed higher-risk buildings, or

• (b) higher-risk building work,

and different provision for different descriptions of such buildings or work.

• (4) Nothing in sub-paragraph (3) is to be read as limiting the effect of section 34 (classification of buildings).

11

• (1) Building regulations may repeal or modify—

• (a) any of the following provisions of this Act: sections 15, 18, 19, 21 to 29, 41, 59 to 87, 91 to 119, 123(2) and 126 (except as to the definitions of “contravention”, “local authority”(as it applies for the purposes of Parts I and II of this Act), “modifications”, “plans”, “prescribed” and “substantive requirements”), and paragraphs 1 and 5 to 14 of Schedule 3, or

• (b) any provision of an Act passed before the 20th September 1974,

if it appears to the appropriate national authority that it is inconsistent with, or is unnecessary or requires alteration in consequence of, any provision contained in or made under any enactment relating to building regulations.

• (2) Building regulations may—

• (a) repeal or alter section 12(1) of the Local Government (Miscellaneous Provisions) Act 1976 (byelaws as to supply of heat) or any provision of byelaws in force by virtue of it, and

• (b) make any modification of section 12(2) of that Act that the appropriate national authority considers is appropriate in consequence of the repeal or alteration. or

• (c) any provision of a local Act passed before the day on which the Deregulation and Contracting Out Act 1994 is passed,

SCHEDULE 2

Application of schedule

1

This Schedule applies to a direction under section 8 of this Act that will affect the application of building regulations to work that has been carried out before the giving of the direction.

Cases where no direction may be given

2

Neither the appropriate national authority nor a building control authority shall give a direction to which this Schedule applies—

• (a) if the building control authority have, before the making of the application for the direction, become entitled under section 36(3) of this Act to pull down, remove or alter the work to which the application relates, or

• (b) if, when the application is made, there is in force an injunction or other direction given by a court or tribunal that requires the work to be pulled down, removed or altered.

Suspension of certain provisions while application pending

3

• (1) Subject to the following provisions of this Schedule, after the making of an application for a direction to which this Schedule applies, and until the application is withdrawn or finally disposed of, no section 36 notice shall be given as regards the work to which the application relates on the ground that it contravenes the requirement to which the application relates.

• (2) If an application for a direction to which this Schedule applies is made less than 12 months after the completion of the work to which the application relates, section 36(4) of this Act does not prevent the giving of a notice as regards that work at any time within a period of 3 months from the date on which the application is withdrawn or finally disposed of.

• (3) If an application for a direction to which this Schedule applies is made after a section 36 notice has been given on the ground that the work to which the application relates contravenes the requirement to which the application relates (not being an application prohibited by paragraph 2 of this Schedule), section 36(3) of this Act has effect in relation to that work as if for the reference to the period there mentioned there were substituted a reference to a period expiring 28 days after the application is withdrawn or finally disposed of, or such longer period as the appropriate court or tribunal may allow.

• (4) Subject to the following provisions of this Schedule, if an application for a direction to which this Schedule applies is made after any person has, in consequence of the carrying out of the work to which the application relates in contravention of building regulations, become liable to a penalty continuing from day to day, the daily penalty is not recoverable in respect of any day after the making of the application and before it is withdrawn or finally disposed of.

• (5) In a case where an application is withdrawn or is finally disposed of without any direction being given, the appropriate national authority or, as the case may be, the building control authority may order that the daily penalty is not recoverable in respect of any day during such further period not exceeding 28 days as may be specified in the order.

4

Paragraph 3(1), (3) and (4) above do not apply to an application that is a repetition, or substantially a repetition, of a previous application under section 8 of this Act.

Saving for criminal liability incurred before making of application

5

The giving of a direction to which this Schedule applies does not affect the liability of a person for an offence committed before the giving of the direction, except so far as that liability depends on the continuation of the offence after the giving of the direction.

Termination of proceedings under section 36 on giving of direction

6

If, before the giving of a direction to which this Schedule applies, a section 36 notice has been given, and the contravention of building regulations by virtue of which the notice was given comes to an end when the direction is given, the building control authority is not, after the giving of the direction, entitled to proceed under section 36(3) of this Act by virtue of that notice.

SCHEDULE 3

Part I — Application of Part I of this Act

1

Sections . . . , . . . 24(1), (2) and (4), 25 . . . of this Act do not apply to inner London.

2

• (1) Where, by section 91(2) above or by building regulations made under paragraph 6 of Schedule 1 to this Act or paragraph 14(1) of this Schedule, local authorities, or a prescribed person or class of persons other than local authorities, are made responsible for—

• (a) enforcing, or

• (b) performing prescribed functions under or in connection with,

building regulations in force in inner London, then, without prejudice to the said paragraphs 6 and 14(1), building regulations may in that connection provide for any relevant provision to apply (with any prescribed modifications, and notwithstanding paragraph 1 above) in relation to any such authority, person or class of persons as that provision applies in relation to a local authority outside inner London.

• (2) In sub-paragraph (1) above, “relevant provision” means any of the following provisions of this Act that may be prescribed for the purposes of sub-paragraph (1) above: sections 4, 8 to 10, 16, 18(1), (4) and (5), 21 to 23, 24(1), (2) and (4), 26 to 29, 32, 36, 37, 39 and 40.

3

Without prejudice to the generality of paragraph 11(1) of Schedule 1 to this Act, building regulations may repeal or modify—

• (a) any provision of the London Building Acts 1930 to 1939,

• (b) any provision of an Act passed before the 20th September 1974, in so far as that provision—

• (i) applies to or to any part of inner London, and

• (ii) relates to, or to the making of, byelaws for or for any part of inner London with respect to any matter for or in connection with which provision can be made by building regulations, or

• (c) any provision of byelaws made or having effect under the said Acts or of any such byelaws as are mentioned in sub-paragraph (b)(ii) above,

if it appears to the Secretary of State that the repeal or, as the case may be, the modification of that provision is expedient—

• (i) in consequence of the application of any of sections 61, 62 and 67 of the Public Health Act 1936, sections 4(2), (5), (6) and (7), 5 and 9 of the Public Health Act 1961 and sections 61 to 74 and 76 of the Health and Safety at Work etc. Act 1974 to inner London by virtue of section 70(1) of the said Act of 1974 (which section is repealed by and incorporated in this Act),

• (ii) in consequence of paragraph 2 or 14 of this Schedule, or

• (iii) in connection with any provision contained in building regulations that aply to or to any part of inner London.

4

Before making any building regulations that provide for the repeal or modification of any such provision the Secretary of State shall (without prejudice to the requirements as to consultation in section 120B(3) of this Act) consult any local authority who appear to him to be concerned.

Part II — Application of Part III of this Act

5

Sections 71 , 72(1) to (4), (6) and (7), 73 to 75, 77 to 83, 85 and 90 of this Act do not apply to inner London.

6

Sections 59 to 61 of this Act do not apply to the Inner Temple or the Middle Temple.

Part III — Building and Drainage of Buildings

7-9

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

8

• (1) Where in an inner London borough—

• (a) a house or other building, whenever erected, is not drained, to the satisfaction of the borough council, by means of a sufficient drain communicating with, and emptying itself into, a sewer, and

• (b) a sewer is or will be available for the drainage of the house or building,

the council may, by notice served on the owner of the house or building, impose such requirements as are mentioned in sub-paragraph (2) below.

• (2) The requirements that may be imposed by notice under sub-paragraph (1) above are requirements—

• (a) to construct a covered drain from the house or building into the said sewer and such connections to the drain as are adequate for the purposes of draining the house or building, including any areas, water-closets, privies and offices belonging to the house or building, and of conveying the sewage from it into the sewer,

• (b) to construct the drain and the connections of such materials and size, at such level and with such fall as are adequate for the said purposes,

• (c) to provide proper paved or impermeable sloping surfaces for carrying surface water into the drain or any connections to it,

• (d) to provide proper sinks, and proper inlets and outlets, syphoned or otherwise trapped, for preventing the emission of effluvia from the drain or any connection to it,

• (e) to provide a proper water supply and water-supplying pipes, cisterns and apparatus for scouring the drain and any connections to it, and for causing the drain and any connections to it to convey away the soil,

• (f) to provide proper sand traps, expanding inlets and other apparatus for preventing the entry of improper substances into the drain or any connections to it, and

• (g) to provide all such other proper works and arrangements as appear to the council or their officers necessary to secure the safe and proper working of the drain and to prevent it from obstructing or otherwise injuring, or impeding the action of, the sewer into which it leads.

• (3) Where—

• (a) a house or other building in an inner London borough, whenever erected, is without sufficient drainage, and

• (b) there is no proper sewer within 200 feet of any part of the house or building,

the borough council may, with a view to making temporary provision for the drainage of the house or building and for the abatement of any nuisance existing in it or caused by it, serve on the owner of the house or building a written notice requiring him—

• (i) to construct, elsewhere than under a house and not nearer to any house than the council may direct, a covered watertight cesspool or tank or other suitable receptacle, and

• (ii) to construct and lay a covered drain leading from the first mentioned house or building into that cesspool, tank or other receptacle.

• (4) Where a borough council have required any works to be executed under the foregoing provisions of this paragraph, the council may, from time to time during the execution of the works, cause them to be inspected, and may by further notice served on the owner of the house or building require such reasonable alterations of them, additions to them or abandonment of parts of them as the council or their officers, with the fuller knowledge afforded by the opening of the ground, consider necessary to secure that the works will be thoroughly effective for their purpose.

• (5) Where—

• (a) it appears to the council of an inner London borough that a group or block of contiguous houses, or of adjacent detached or semi-detached houses, can more economically or advantageously be drained and improved in combination than separately, and

• (b) a sewer of sufficient size is situated, or is about to be constructed, within 100 feet of a part of the group or block,

the council may by order (which they may by order vary or revoke) require that the group or block be drained by a combined operation complying with such of the requirements mentioned in sub-paragraph (2) above as may be specified in the order.

• (6) In sub-paragraph (5) above, “house” includes a school and also a factory or other building in which persons are employed and, in relation to a house as so defined, includes its curtilage.

• (7) Any person aggrieved by an order made by a borough council under sub-paragraph (5) above may appeal to a magistrates' court.

• (8) Sub-paragraphs (5) to (7) above apply to the City of London as if references in them to an inner London borough and its council were references to the City of London and its Common Council.

• (9) Sections 99 and 102 of this Act apply in relation to a notice given under sub-paragraph (1) or (3) above.

9

• (1) No person shall—

• (a) begin to lay or to dig out the foundations of a house or building in an inner London borough, or to rebuild a house or building in an inner London borough, or

• (b) begin to make a drain for the purpose of draining directly or indirectly into a sewer under the control of the council of an inner London borough,

unless, at least seven days previously, he has given to the borough council notice of his intention to do so, and if a person begins to lay or dig out the foundations of such a house or building, or to make a drain for the purpose aforesaid, in contravention of this paragraph, he is liable to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding two pounds for every day thereafter until the notice is given.

• (2) If a house or building, or a drain for draining directly or indirectly into a sewer under the control of the council of a London borough, or any connections to such a drain, or any works, apparatus or water supply in connection with such a drain, is or are begun, erected, made or provided in an inner London borough in contravention of this Part of this Schedule, the borough council at their option may either—

• (a) serve upon the owner of the house or building or of the drain, as the case may be, a notice requiring him to cause the house or building to be demolished or altered, or to cause the drain or the connections or other works and apparatus in connection with it or the water supply to be relaid, remade, altered or added to, as the case may require, or

• (b) recover from the person in default, as a debt due from him to the council, a penalty not exceeding five pounds, and a further penalty not exceeding two pounds for every day on which the contravention continues.

• (3) Sections 99 and 102 of this Act apply in relation to a notice given under sub-paragraph (2) above.

Part IV — Byelaws

10

• (1) The council of an inner London borough may make byelaws in relation to the demolition of buildings in the borough—

• (a) requiring the fixing of fans at the level of each floor of a building undergoing demolition,

• (b) requiring the boarding up of windows in a building from which sashes and glass have been removed,

• (c) regulating the demolition of internal parts of buildings before any external walls are taken down,

• (d) requiring the placing of screens or mats, the use of water or the taking of other precautions to prevent nuisances arising from dust,

• (e) regulating the hours during which ceilings may be broken down and mortar may be shot, or be allowed to fall, into any lower floor,

• (f) requiring any person proposing to demolish a building to give to the borough council such notice of his intention to do so as may be specified in the byelaws.

• (2) Byelaws under this paragraph may make different provision for different cases, and in particular may provide that, in their application to an area specified in the byelaws, the byelaws shall have effect subject to such modifications or exceptions as may be so specified.

• (3) No byelaws under this paragraph shall apply to a building (not being a dwelling-house) belonging to a board carrying on a railway undertaking and used by that board as a part of, or in connection with, that undertaking.

11

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

12

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

13

Part IV of this Act does not apply in relation to this Part of this Schedule, . . .

Part V — Enforcement of Building Regulations

14

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

SCHEDULE 4

Duration of notice

1

• (1) A public body’s notice comes into force when it is accepted by the local authorty, either by notice given within the prescribed period to the public body by which it was given or by virtue of section 54(3) of this Act, and, subject to paragraph 3(3) below (final certificates) and paragraph 4A (lapse of public body’s notice), continues in force until —

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

• (b) it is cancelled, in whole or part, by a notice under paragraph 1A (work in England reassessed as higher-risk building work).

• (2) 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 sub-paragraph (1) above.

Public body’s plans certificates

2

• (1) Where a public body—

• (a) is satisfied that plans of the work specified in a public body’s notice given by it have been inspected by a servant or agent of the body who is competent to assess the plans,

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

• (c) has complied with any prescribed requirements as to consultation or otherwise,

the body may give to the local authority a certificate in the prescribed form (called a “public body’s plans certificate”).

• (1) In this Part a “public body’s plans certificate” means a certificate by a public body that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the public body has given a public body’s notice).

• (1A) The relevant conditions are that the public body—

• (a) is satisfied that—

• (i) a competent person has inspected full plans of the work, or

• (ii) a competent person has inspected plans of the work which the public body is satisfied, in the light of that inspection, are sufficient for the purposes of giving a public body’s plans certificate in relation to the work,

• (b) is satisfied in the light of that inspection that the plans are not defective,

• (c) is satisfied in the light of that inspection 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) “Competent person” means a servant or agent of the public body who is competent to assess the plans.

• (1C) If the relevant conditions are met, the public body may give a public body’s plans certificate to the local authority.

• (1D) A public body’s plans certificate must be in the prescribed form.

• (2) Building regulations may authorise the giving of a public body’s notice combined with a public body’s plans certificate, 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 Schedule or in any other provision of Part II of this Act to a public body’s notice or to a public body’s plans certificate includes a reference to that form, but

• (b) should the form cease to be in force as a public body’s notice by virtue of paragraph 1(1) above, nothing in that paragraph affects the continuing validity of the form as a public body’s plans certificate.

• (3) A public body’s plans certificate—

• (a) may relate either to the whole or to part only of the work specified in the public body’s notice concerned, and

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

• (4) A local authority to whom a public body’s 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.

• (5) Unless, within the prescribed period, the local authority to whom a public body’s plans certificate is given give notice of rejection, specifying the ground or grounds in question, to the public body by which the certificate was given, the authority are conclusively presumed to have accepted the certificate.

• (6) If it appears to a local authority by whom a public body’s 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 to the public body.

• (7) Building regulations may make further provision about public body’s plans certificates, including in particular provision—

• (a) requiring a public body’s 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 a public body’s notice to cease to have effect in whole or in part);

• (c) requiring a public body’s plans certificate stating that the condition in sub-paragraph (1A)(a)(ii) is met to include prescribed information about the further plans that the public body considers need to be provided.

Public body’s final certificates

3

• (1) Where a public body is satisfied that any work specified in a public body’s notice given by it has been completed, the body may give to the local authority such certificate with respect to the completion of the work and compliance with building regulations as may be prescribed (called a “public body’s final certificate”).

• (2) Sub-paragraphs (3) to (5) of paragraph 2 above have effect in relation to a public body’s final certificate as if any reference in those sub-paragraphs to a public body’s plans certificate were a reference to a public body’s final certificate.

• (3) Where a public body’s final certificate has been given with respect to any of the work specified in a public body’s notice and that certificate has been accepted by the local authority concerned, the public body’s notice ceases to apply to that work, but the provisions of section 48(1) of this Act, as applied by section 54(4), continue, by virtue of this sub-paragraph, to apply in relation to that work as if the public body’s notice continued in force in relation to it.

Effects of public body’s notice ceasing to be in force

4

• (1) This paragraph applies where a public body’s notice ceases to be in force by virtue of paragraph 1 above.

• (2) Building regulations may provide that if—

• (a) a public body’s plans certificate was given before the day on which the public body’s notice ceased to be in force, and

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

• (c) before that day, that acceptance was not rescinded by a notice under paragraph 2(6) above,

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

• (3) If, before the day on which the public body’s notice ceased to be in force, a public body’s final certificate was given in respect of part of the work specified in the notice and that certificate was accepted by the local authority (before, on or after that day), the fact that the public body’s notice has ceased to be in force does not affect the continuing operation of paragraph 3(3) above in relation to that part of the work.

• (4) Notwithstanding anything in sub-paragraphs (2) and (3) above, for the purpose of enabling the local authority to perform the functions referred to in section 48(1) of this Act in relation to any part of the work not specified in a public body’s 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.

• (5) In any case where this paragraph applies, the reference in sub-section (4) of section 36 of this Act 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 public body’s notice ceased to be in force.

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

• (7) Any reference in the preceding provisions of this paragraph to section 48(1) of this Act is a reference to that section as applied by section 54(4) of this Act.

Consultation

5

Building regulations may make provision for requiring, in such circumstances as may be prescribed, a public body that has given a public body’s notice to consult any prescribed person before taking any prescribed step in connection with any work specified in the notice.

SCHEDULE 5

Joint application to the Secretary of State for the determination of certain questions relating to building regulations

1

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

The Clean Air Act 1956 and the Housing Act 1957

2

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

Repeal and amendment of Acts etc.

3

Any power that is exercisable by virtue of—

• (a) section 317 of the Public Health Act 1936,

• (b) section 82 of the Public Health Act 1961,

• (c) section 82, 83 or 84 of the London Government Act 1963,

• (d) section 252 or 254 of the Local Government Act 1972, or

• (e) section 48 of the Local Government (Miscellaneous Provisions) Act 1982,

in relation to a provision that is repealed and re-enacted by this Act is exercisable in relation to that provision as so re-enacted to the extent to which it would have been exercisable immediately before such repeal.

4

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

5

Without prejudice to the power to make building regulations, the repeal of section 70(1) of the Health and Safety at Work etc. Act 1974, and the re-enactment in this Act of that subsection down to “Wales”, do not of themselves cause any building regulations to apply to inner London that were prevented by that subsection from so applying.

SCHEDULE 6

The Restriction of Ribbon Development Act 1935

1

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

The Public Health Act 1936

2

In section 6(1) of the Public Health Act 1936, after the words “except section 46,” (which with other words were inserted by the Public Health (Control of Disease) Act 1984) there is inserted “or of the Building Act 1984,”.

3

In section 269(8)(i) of that Act, for “the building byelaws of the local authority” there is substituted “building regulations”.

The Atomic Energy Authority Act 1954

4

In section 5(5) of the Atomic Energy Authority Act 1954, for “Section 71 of the Public Health Act 1936” there is substituted “Section 4 of the Building Act 1984”.

The Clean Air Act 1956

5

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

The Housing Act 1957

6

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

The Radioactive Substances Act 1960

7

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

The Public Health Act 1961

8

In section 17(15) of the Public Health Act 1961 (as substituted by section 27(1) of the Local Government (Miscellaneous Provisions) Act 1982), for “section 39 of the Public Health Act 1936” there is substituted “section 59 of the Building Act 1984”.

The London Government Act 1963

9

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

10

In paragraph 9(5) of Part II of Schedule 11 to that Act, for “section 27 of the Public Health Act 1961” there is substituted “section 79 of the Building Act 1984”.

The Offices, Shops and Railway Premises Act 1963

11

In section 9(6) of the Offices, Shops and Railway Premises Act 1963, for “sections 44 to 46” there is substituted “section 45”.

The Faculty Jurisdiction Measure 1964

12

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

The Fire Precautions Act 1971

13

For section 30(3)(a) and (b) of the Fire Precautions Act 1971 there is substituted—

(a) section 71(1) to (4) of the Building Act 1984;

• (b) section 72 (except subsection (5)) of that Act;.

The Local Government Act 1972

14

In section 181(2)(a) of the Local Government Act 1972, for “sections 14 to 42” there is substituted “sections 15, 17 to 24, 27, 29 to 34, 36 and 42”.

The Safety of Sports Grounds Act 1975

15

In section 9(1)(c) of the Safety of Sports Grounds Act 1975, for “section 59 of the Public Health Act 1936” there is substituted “sections 24 and 71 of the Building Act 1984”.

The Local Land Charges Act 1975

16

In section 1(1)(a) of the Local Land Charges Act 1975, after the words “by that Act)” (which with other words were inserted by the Highways Act 1980) there is inserted “or the Building Act 1984”.

The Local Government (Miscellaneous Provisions) Act 1976

17

In section 12(3) of the Local Government (Miscellaneous Provisions) Act 1976, for the words from “Building regulations” to “alteration; and” there is substituted “Subsections (1) and (2) above have effect subject to paragraph 11(2) of Schedule 1 to the Building Act 1984; and”.

The Development of Rural Wales Act 1976

18

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

The Interpretation Act 1978

19

In Schedule 1 to the Interpretation Act 1978, in the definition of “Building regulations”, for the words from “means” to the end there is substituted “has the meaning given by section 122 of the Building Act 1984”.

The Highways Act 1980

20

In section 168(1)(b) of the Highways Act 1980, for “section 25 of the Public Health Act 1961” there is substituted “section 78 of the Building Act 1984”.

21

In section 223(1)(a) of that Act, for “section 66 of the Public Health Act 1936” there is substituted “section 32 of the Building Act 1984”.

New Towns Act 1981

22

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

The Public Health (Control of Disease) Act 1984

23

There is added at the end of section 7(4) of the Public Health (Control of Disease) Act 1984—

(k) the Building Act 1984 (other than Parts III of Schedule 3).

SCHEDULE 7

Continuing requirements.

Continuing requirements in relation to fuel, power and emissions

51A

• (1) This section applies where—

• (a) it is proposed that the work to which an initial notice relates should be varied, and

• (b) the work as varied is not higher-risk building work.

• (2) If—

• (a) a notice in the prescribed form (called an “amendment notice”)—

• (i) is given to the local authority by whom the initial notice was accepted, and

• (ii) is jointly given by the registered building control approver who gave the initial notice and by the person shown in the amendment notice as the person intending to carry out the relevant work,

• (b) the amendment notice is accompanied by such plans of the proposed variation as may be prescribed,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the amendment notice—

• (i) is accepted by the local authority giving notice of acceptance within the prescribed period to each of the persons by whom the amendment notice was given, or

• (ii) is deemed to have been accepted by the local authority by virtue of subsection (5) below,

the work to which the initial notice relates shall be treated as varied as proposed in the amendment notice.

• (3) A local authority to whom an amendment 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.

• (4) Where the relevant work is 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 amendment notice.

• (5) Unless, within the prescribed period, the local authority to whom an amendment notice is given give notice of rejection, specifying the ground or grounds in question, to each of the persons by whom the notice was given, the authority is conclusively presumed to have accepted it and to have done so without imposing any such requirements as are referred to in subsection (4) above.

• (5A) Subsection (5) does not apply in prescribed circumstances.

• (6) Section 47(5) shall apply in relation to the form prescribed for an amendment notice as it applies in relation to the form prescribed for an initial notice.

• (7) In this section, references to the relevant work are to the work to which the initial notice, as proposed to be varied, relates.

Effect of amendment notice

51B

• (1) For the purposes of the enactments specified in section 48(3) above—

• (a) the giving of an amendment notice accompanied by such plans as are referred to in section 51A(2)(b) above shall be treated as the deposit of plans making of an application for building control approval,

• (b) the acceptance or rejection of an amendment notice shall be treated as the passing, or, as the case may be, the rejection of plans approval or rejection of the application,

• (c) where an initial notice is varied by an amendment notice, the deposited plans plans treated as accompanying the application for building control approval shall be treated—

• (i) as including the plans accompanying the amendment notice, and

• (ii) as excluding such of the plans previously treated as the deposited plans accompanying the application as are superseded by the plans accompanying the amendment notice, and

• (d) where an initial notice has been varied by an amendment notice, the cancellation of the initial notice under section 52(5) below shall be treated as a declaration under section 32 above that the deposit of plans constituted by the giving of the amendment notice is of no effect. and the 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).

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

51C

• (1) This section applies where it is proposed that the work to which an initial notice relates should be carried out by a different person.

• (2) If—

• (a) the registered building control approver who gave the initial notice, and

• (b) the person who now proposes to carry out the work to which the initial notice relates,

jointly give written notice of the proposal to the local authority by whom the initial notice was accepted, the initial notice shall be treated as showing as the person intending to carry out the work to which it relates the person mentioned in the notice under this section.

Drainage of building.

Exemption of public bodies from procedural requirements of building regulations.

Consequential amendments and repeals.

Application of provisions by building regulations.

Compliance and stop notices: supplementary

Effect of amendment notice

The Housisng Act 1957

Editorial notes