Building Safety Act 2022

Part 1 — Introduction

Overview of Act

1

• (1) This Act has 6 Parts, and contains provisions intended to secure the safety of people in or about buildings and to improve the standard of buildings.

• (2) Part 2 contains provision about the building safety regulator and its functions in relation to buildings in England.

• (3) Part 3 amends the Building Act 1984.

• (4) Amendments made by Part 3—

• (a) provide that the regulator is the building control authority in relation to higher-risk buildings in England, and

• (b) require the regulator (for England) and the Welsh Ministers (for Wales) to establish and maintain registers of building control approvers and building inspectors.

• (5) Part 4 is about occupied higher-risk buildings in England, and imposes duties on accountable persons.

• (6) Part 5 contains further provisions, including—

• (a) provisions about remediation and redress;

• (b) provision requiring a new homes ombudsman scheme to be established;

• (c) powers to make provision about construction products;

• (d) further provision about fire safety;

• (e) provision about the regulation of architects;

• (f) provision about housing complaints.

• (7) Part 6 contains general provisions.

Part 2 — The regulator and its functions

The regulator and its general functions

The building safety regulator

2

• (1) In this Part “the regulator” means the Building Safety Regulator.

• (2) Schedule 1 contains amendments of provisions of the Health and Safety at Work etc Act 1974 ....

The regulator: objectives and regulatory principles

3

• (1) The regulator must exercise its building functions with a view to—

• (a) securing the safety of people in or about buildings in relation to risks arising from buildings, and

• (b) improving the standard of buildings.

• (2) In exercising a building function (other than an excepted function), the regulator must have regard to the following principles—

• (a) regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and

• (b) regulatory activities should be targeted only at cases in which action is needed.

• (3) The duty in subsection (2) is subject to any other requirement affecting the exercise of the function.

• (4) In subsection (2) “excepted function” means—

• (a) a function under any of sections 4 to 6, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In this Part “building function” means—

• (a) any function of the regulator under, or under an instrument made under, this Act or the Building Act 1984;

• (b) any prescribed function of the regulator;

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

Duty to facilitate building safety: higher-risk buildings

4

• (1) The regulator must provide such assistance and encouragement to relevant persons as it considers appropriate with a view to facilitating their securing the safety of people in or about higher-risk buildings in relation to building safety risks as regards those buildings.

• (2) The assistance and encouragement that must be provided under subsection (1) includes, in particular, assistance and encouragement with a view to facilitating securing the safety of disabled people in or about higher-risk buildings in relation to building safety risks as regards those buildings.

• (3) For this purpose “relevant persons” means—

• (a) residents of higher-risk buildings within the meaning of Part 4,

• (b) owners of residential units in such buildings,

• (c) persons who are accountable persons within the meaning of Part 4, and

• (d) persons upon whom duties are imposed by virtue of paragraph 5B of Schedule 1 to the Building Act 1984 (dutyholders).

• (4) In subsections (1) and (2)—

• “building safety risk” has the meaning given by section 62;

• “disabled”: see section 30;

• “higher-risk building” means—a higher-risk building within the meaning of Part 4 (see section 65), ora higher-risk building within the meaning of the Building Act 1984.

• (5) Parts 3 and 4 confer further functions on the regulator in relation to higher-risk buildings.

Duty to keep safety and standard of buildings under review

5

The regulator must keep under review—

• (a) the safety of people in or about buildings in relation to risks as regards buildings, and

• (b) the standard of buildings.

Facilitating improvement in competence of industry and building inspectors

6

• (1) The regulator must provide such assistance and encouragement as it considers appropriate to—

• (a) persons in the built environment industry, and

• (b) registered building inspectors,

with a view to facilitating their improving the competence of persons in that industry or members of that profession (as the case may be).

• (2) For the meaning of “the built environment industry” and “registered building inspector” see section 30.

Proposals and consultation relating to regulations

7

• (1) This section applies to regulations under—

• (a) this Part, or

• (b) any provision of Part 4 except section 62, 65 or 68.

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

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

• (4) Before making regulations, other than regulations proposed by the regulator, the Secretary of State must consult—

• (a) the regulator, and

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

Duty to establish system for giving of building safety information

8

• (1) The regulator must make arrangements for a person to establish and operate a voluntary occurrence reporting system.

• (2) A “voluntary occurrence reporting system” is a system to facilitate the voluntary giving of information about building safety to the person who operates the system.

Committees

Residents’ panel

9

• (1) The regulator must ... establish and maintain a committee to be known as the Building Advisory Committee, with the following function.

• (2) That function is to give advice and information to the regulator about matters connected with any of the regulator’s building functions except its functions relating to the competence of—

• (a) persons in the built environment industry, and

• (b) registered building inspectors.

• (3) The Building Regulations Advisory Committee for England, established under section 14 of the Building Act 1984, is abolished.

Committee on industry competence

10

• (1) The regulator must ... establish and maintain a committee concerned with the competence of persons in the built environment industry (“industry competence”), with the following functions (and any other function that the regulator considers appropriate).

• (2) The functions are—

• (a) monitoring industry competence;

• (b) advising the regulator in relation to industry competence;

• (c) advising persons in the built environment industry in relation to industry competence;

• (d) facilitating persons in the built environment industry to improve industry competence;

• (e) providing guidance to the public (or a section of the public) about ways of assessing the competence of persons in the built environment industry;

• (f) carrying out analysis and research in connection with a function mentioned in any of paragraphs (a) to (e).

Residents’ panel

11

• (1) The regulator must ... establish and maintain a committee with the functions mentioned in this section (and any other function that the regulator considers appropriate).

• (2) The committee is to consist of—

• (a) such residents of higher-risk buildings as the regulator considers appropriate, and

• (b) such relevant persons (if any) as it considers appropriate.

• (3) The regulator must take all reasonable steps to ensure that the committee includes—

• (a) one or more residents of a higher-risk building who are disabled,

• (b) a body that represents, supports or promotes the interests of any description of disabled people that includes residents of higher-risk buildings, or

• (c) a member of a body within paragraph (b).

• (4) The committee is to give advice to the regulator about such matters connected with the regulator’s building functions and relating to higher-risk buildings as the regulator may specify.

• (5) The regulator must consult the committee before issuing or revising any of the following—

• (a) guidance to residents of higher-risk buildings about any of their rights or obligations under Part 4 or regulations made under that Part;

• (b) guidance relating to any duty under regulations made under section 89 to give information or documents to residents of higher-risk buildings or owners of residential units in such buildings;

• (c) guidance relating to any of sections 91 to 93 or 95 or regulations made under any of those sections (engagement with residents etc, and residents’ duties).

• (6) If the committee has not been established at a time when the regulator has prepared guidance to which subsection (5) applies—

• (a) that subsection has effect as if it did not require the committee to be consulted before the guidance is issued, and

• (b) the committee must be consulted in relation to the issued guidance as soon as reasonably practicable.

• (7) See also—

• (a) section 17(3) (duty to consult committee about regulator’s strategic plan);

• (b) section 94(2) (duty to consult committee about regulator’s complaints system).

• (8) In this section—

• “higher-risk building” has the same meaning as in Part 4 (see section 65);

• “relevant person” means—an owner of a residential unit in a higher-risk building,a body that represents, supports or promotes—the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, orthe interests of any description of persons that includes a description of such residents or owners, ora member of a body within paragraph (b).

Committees: power to amend or repeal

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• (1) The Secretary of State may by regulations amend or repeal any of sections 9 to 11 (provision about specific committees).

• (2) But regulations repealing section 9, 10 or 11 may be made only if the regulator has made a proposal to the Secretary of State for the making of such regulations (as to which see section 7(2)).

• (3) Regulations under this section may make consequential amendments of this Act.

Staffing etc

Local authorities and fire and rescue authorities: assistance etc to regulator

13

• (1) A relevant authority may at the request of the regulator do anything for the purpose of—

• (a) facilitating the exercise by the regulator of a relevant function, or

• (b) enabling the relevant authority to facilitate the exercise by the regulator of a relevant function.

• (2) The regulator may, for a purpose mentioned in paragraph (a) or (b) of subsection (1), direct a relevant authority to do anything specified in the direction.

• (3) The direction may specify the way in which, and the time by which, the thing is to be done.

• (4) A direction—

• (a) may be given only if the regulator considers that it is expedient for the authority to do the specified thing, and

• (b) must state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise.

• (5) A direction may be given only with the consent of the Secretary of State.

• (6) Before giving a direction, the regulator must—

• (a) make a written request under subsection (1) for the authority to do the thing, and

• (b) have regard to any written representations made by the authority in the period specified in the request.

• (7) A request under subsection (6)(a) must—

• (a) state that the regulator may seek consent to give a direction under this section if the request is not complied with,

• (b) state how, in the regulator’s opinion, the doing of the thing will facilitate the exercise of a relevant function or enable the authority to facilitate that exercise, and

• (c) specify a reasonable period for the authority to make any representations as to why it should not do the thing requested.

• (8) In this section—

• “relevant authority” means a local authority or fire and rescue authority;

• “relevant function” means— a function of the regulator relating to— the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or higher-risk building work (as defined by section 91ZA of the Building Act 1984), or in the case of a local authority, a function of the regulator relating to the regulation of any work for which the regulator is the building control authority by virtue of section 91ZB of the Building Act 1984.

• (9) A direction or consent under this section must be in writing.

FSO authorised persons: assistance etc to regulator

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• (1) An FSO authorised person may at the request of the regulator do anything for the purpose of—

• (a) facilitating the exercise by the regulator of a relevant function, or

• (b) enabling FSO authorised persons to facilitate the exercise by the regulator of a relevant function.

• (2) In this section—

• “FSO authorised person” means a person authorised as mentioned in article 25(1)(e) of the Regulatory Reform (Fire Safety) Order 2005;

• “relevant function” means a function of the regulator relating to— the regulation of higher-risk buildings (within the meaning of the Building Act 1984 or Part 4 of this Act), or higher-risk building work (as defined by section 91ZA of the Building Act 1984).

Provision of assistance etc: supplementary

15

• (1) This section supplements sections 13 and 14.

• (2) A relevant authority must ensure that any of its staff involved in providing relevant assistance to the regulator have the appropriate skills, knowledge, experience and behaviours.

• (3) For this purpose “relevant assistance” means anything done by the authority pursuant to a request or direction, for the purpose of facilitating the exercise by the regulator of a relevant function.

• (4) The Secretary of State may by regulations make provision about the reimbursement by the regulator of expenditure incurred by relevant authorities in complying with requests or directions.

• (5) The Secretary of State may pay a relevant authority such amount as the Secretary of State considers appropriate in respect of things done by the relevant authority in complying with a request or direction.

• (6) The Secretary of State may by regulations make further provision in relation to requests and directions, including in particular provision about—

• (a) things done by a relevant authority in connection with a request or direction;

• (b) things done by an FSO authorised person in connection with a request.

• (7) In this section—

• “direction” means a direction given under section 13;

• “FSO authorised person” has the meaning given by section 14;

• “relevant authority” has the meaning given by section 13;

• “relevant function” has the meaning given by section 13;

• “request” means a request made under section 13 or 14.

Guidance about the provision of assistance

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• (1) The regulator may issue guidance to—

• (a) relevant authorities about their functions under section 13;

• (b) FSO authorised persons about their functions under section 14.

• (2) The regulator may revise or withdraw any issued guidance.

• (3) A relevant authority must have regard to any guidance under this section when exercising its functions under section 13.

• (4) An FSO authorised person must have regard to any guidance under this section when exercising their functions under section 14.

• (5) Guidance under this section may be issued, revised or withdrawn only with the consent of the Secretary of State.

• (6) In this section—

• “FSO authorised person” has the meaning given by section 14;

• “relevant authority” has the meaning given by section 13.

Plans and reports

Strategic plan

17

• (1) The regulator must—

• (a) prepare a strategic plan, and

• (b) submit it to the Secretary of State for approval.

• (2) A “strategic plan” is a plan setting out how the regulator proposes to carry out its building functions in the period to which the plan relates.

• (3) Before submitting it, the regulator must consult—

• (a) the committee mentioned in section 11 (residents’ panel), and

• (b) such other persons as the regulator considers appropriate.

• (4) The Secretary of State may approve the plan, with or without modifications.

• (5) Before approving the plan with modifications, the Secretary of State must consult the regulator.

• (6) The regulator must publish the approved plan, and act in accordance with it.

• (7) The first plan—

• (a) must be submitted as soon as reasonably practicable after this section comes into force, and

• (b) must relate to a period ending with the third 31 March to occur after the day on which it is submitted.

• (8) If the committee mentioned in section 11 has not been established at the time the first plan is prepared—

• (a) subsection (3) has effect as if it did not require the committee to be consulted before the plan is submitted, and

• (b) the committee must be consulted in relation to the first approved plan as soon as reasonably practicable.

• (9) Any other plan—

• (a) must be submitted before the end of the period to which the most recent approved plan relates (“the current period”), and

• (b) must relate to the period of three years, or such other period as the Secretary of State and the regulator may agree, beginning immediately after the end of the current period.

Revised strategic plans

18

• (1) This section supplements section 17.

• (2) The regulator may at any time in the period to which a plan relates—

• (a) prepare a revised plan relating to the remainder of that period (or to such other period as the Secretary of State and the regulator may agree), and

• (b) submit it to the Secretary of State for approval.

• (3) The Secretary of State may at any time during the period to which a plan relates require the regulator to submit a revised plan for approval.

• (4) Where such a requirement is made, the revised plan—

• (a) must be submitted as soon as reasonably practicable, and

• (b) must relate to the remainder of the period to which the current plan relates (or to such other period as the Secretary of State and the regulator may agree).

• (5) Section 17(3) to (6) apply in relation to a revised plan.

• (6) If approved, the revised plan replaces the current plan.

• (7) In this section—

• “current plan” means the first plan mentioned in subsection (2) or (3) (as the case may be);

• “plan” means a strategic plan as defined by section 17.

Annual report about information provided under mandatory reporting requirements

19

• (1) As soon as reasonably practicable after the end of each financial year, the regulator must prepare and publish a report about the information provided to it during that year pursuant to the mandatory reporting requirements.

• (2) For this purpose, information is provided pursuant to the “mandatory reporting requirements” if it is provided under—

• (a) section 87 (duty of accountable person to report to regulator), or

• (b) any provision of building regulations that is prescribed by the regulations for the purposes of this section.

• (3) A report under this section must not contain personal data.

Statement of regulator’s engagement with residents etc

20

• (1) The regulator must, at least once each financial year, publish a statement about its engagement with—

• (a) the committee mentioned in section 11 (residents’ panel),

• (b) residents of higher-risk buildings,

• (c) owners of residential units in higher-risk buildings, and

• (d) bodies that represent, support or promote—

• (i) the interests of any description of residents of higher-risk buildings or owners of residential units in such buildings, or

• (ii) the interests of persons including any description of such residents or owners.

• (2) A statement under subsection (1) must, in particular, include information about the regulator’s engagement with residents of higher-risk buildings who are disabled.

• (3) A statement under subsection (1) may be published by including it in the regulator’s annual report.

• (4) In this section—

• “annual report” means the report made under paragraph 12 of Schedule 1 to the Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026;

• “higher-risk building” means—a higher-risk building within the meaning of Part 4, ora higher-risk building within the meaning of the Building Act 1984.

Report on certain safety-related matters

21

• (1) Before the end of the period of three years beginning when this section comes into force, the regulator must—

• (a) carry out a cost-benefit analysis of making regular inspections of, and testing and reporting on, the condition of electrical installations in relevant buildings;

• (b) consider what further provision under the Building Act 1984, or in guidance under that Act, may be made about—

• (i) stairs and ramps in relevant buildings,

• (ii) emergency egress of disabled persons from relevant buildings, and

• (iii) automatic water fire suppression systems in relevant buildings,

with a view to improving the safety of persons in or about relevant buildings, and carry out a cost-benefit analysis of the making of that provision.

• (2) Before the end of that period, the regulator must—

• (a) prepare one or more reports about the analysis mentioned in subsection (1) (which may also contain recommendations), and

• (b) give them to the Secretary of State.

• (3) The Secretary of State must publish any report received under subsection (2).

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

• (a) an analysis of the costs together with an analysis of the benefits that will arise if the things mentioned in subsection (1)(a) are done or the provision mentioned in subsection (1)(b) is made, and

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

• (5) If, in the opinion of the regulator—

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

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

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

• (6) In this section—

• “electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer’s side of the electricity supply meter;

• “relevant building” means a residential building or any other kind of building that the regulator considers appropriate.

Enforcement

Authorised officers

22

• (1) The regulator may authorise a person in relation to specified paragraphs of Schedule 2 (investigatory powers), for the purposes of any specified relevant building function.

• (2) A person may be authorised in relation to a paragraph of the Schedule only if they appear to the regulator to be suitably qualified to exercise any power conferred by virtue of that paragraph or do anything else mentioned in that paragraph.

• (3) An authorisation—

• (a) must be in writing;

• (b) may be varied or revoked by an instrument in writing.

• (4) When exercising or seeking to exercise a power conferred by virtue of Schedule 2, an authorised officer must if asked produce the authorisation (including any instrument varying it) or a duly authenticated copy.

• (5) In this section—

• “authorised officer” means a person in respect of whom an authorisation under this section is in force;

• “relevant building function” means any function of the regulator under, or under an instrument made under— Part 4 of this Act (higher-risk buildings), or the Building Act 1984;

• “specified” means specified in the authorisation.

Authorised officers: offences

23

• (1) A person who intentionally obstructs a person who is an authorised officer exercising a relevant building function commits an offence.

• (2) A person who, with intent to deceive, impersonates an authorised officer commits an offence.

• (3) In this section—

• “authorised officer” means a person in respect of whom an authorisation under section 22 is in force;

• “relevant building function” has the meaning given by that section.

• (4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine.

Provision of false or misleading information to regulator

24

• (1) A person commits an offence if they provide false or misleading information to the regulator—

• (a) in purported compliance with a building enactment or a requirement imposed by virtue of such an enactment,

• (b) in connection with an application made to the regulator under a building enactment, or

• (c) for the purpose of avoiding enforcement action being taken or continued,

and the person knows that, or is reckless as to whether, the information is false or misleading.

• (2) In this section—

• “building enactment” means any provision of, or of an instrument made under— Part 2 or 4 of this Act, or the Building Act 1984;

• “enforcement action” means action taken with a view to, or in connection with— securing compliance with a building enactment or a requirement imposed by virtue of such an enactment, or the imposition of a sanction in respect of a contravention of any such enactment or requirement.

• (3) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

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

Reviews and appeals

Review by regulator of certain decisions made by it

25

• (1) This section applies in relation to a prescribed decision of the regulator.

• (2) A prescribed person may, before the end of a period prescribed for the purposes of this subsection, give a notice to the regulator requiring it to carry out a review of the decision in accordance with this section.

• (3) A notice under subsection (2) must—

• (a) contain prescribed information,

• (b) be in the prescribed form, and

• (c) be given in the prescribed way.

• (4) The nature and extent of the review are to be such as appear to the regulator to be appropriate in the circumstances.

• (5) The review must take account of any representations made, or information given, by the person at a stage which gives the regulator a reasonable opportunity to consider the representations or information (and may take account of any other information).

• (6) On the conclusion of the review the regulator must either uphold or vary the decision.

• (7) The regulator must notify the person of the outcome of the review and its reasoning before the end of a period prescribed for the purposes of this subsection or such other period as may be agreed in writing (“the relevant period”).

• (8) Where the regulator is required to undertake a review but does not notify the person by the end of the relevant period—

• (a) the review is treated as having concluded at the end of that period, and the regulator is treated as having upheld the decision, and

• (b) the regulator must, as soon as reasonably practicable after the end of that period, notify the person of that fact.

• (9) The decisions that may be prescribed under subsection (1) are any decisions of the regulator under, or under an instrument made under, this Act or the Building Act 1984 except—

• (a) a decision made on an appeal to the regulator, or

• (b) a decision to do any of the following—

• (i) give a compliance notice under section 99 of this Act;

• (ii) give a notice under section 35B, 35C or 36 of the Building Act 1984 (notices in respect of contraventions of building regulations etc);

• (iii) make a disciplinary order under section 58I or 58U, or an order under section 58J or 58V, of that Act (misconduct of registered building inspector or building control approver);

• (iv) give a notice under section 58Z4 or 58Z5, or act under section 58Z6 or 58Z7, of that Act (contravention of operational standards rules).

Right of appeal: requirement for review before appeal

26

• (1) This section applies to a right of appeal against a decision of a kind prescribed under subsection (1) of section 25.

• (2) The right of appeal may be exercised only if the decision has been reviewed under that section.

• (3) If on the conclusion of the review the decision is varied, the right of appeal is in respect of the decision as varied (and not the original decision).

• (4) For the purpose of any time limit as regards the exercise of the right of appeal—

• (a) the decision is treated as made on the day on which the review concludes, and

• (b) a person is treated as notified of the decision on the day on which they are notified of the outcome of the review.

Supplementary and general

Cooperation and information sharing

27

• (1) Schedule 3—

• (a) imposes duties of cooperation on the regulator and other persons, and

• (b) confers powers to share information on the regulator and other persons.

• (2) Except as provided by subsection (3), the disclosure of information under Schedule 3 does not breach—

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

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

• (3) Schedule 3 does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by the Schedule).

Fees and charges

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• (1) The Secretary of State may by regulations make provision authorising the regulator—

• (a) to charge fees, and

• (b) to recover charges,

for or in connection with the performance of a relevant function.

• (2) The regulations may—

• (a) prescribe a fee or charge, or

• (b) provide for the amount of a fee or charge to be determined by the regulator in accordance with the regulations.

• (3) The regulations may in particular—

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

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

• (4) The regulations may make provision about the effect of failing to pay a fee or charge in accordance with the regulations.

• (5) In this section “relevant function” means —

• (a) any function of the regulator under, or under regulations made under, this Part or Part 4, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) The regulator may—

• (a) with the consent of the Secretary of State, provide services to a person in connection with any matter relating to buildings;

• (b) charge fees for such services at a rate agreed with the person.

• (7) Nothing in subsection (6) limits any other power of the regulator to charge for a service provided by it.

Service of documents

29

• (1) This section applies to a document required or authorised under this Part or Part 4, or regulations under either Part, to be given to a person; but this is subject to subsection (11).

• (2) The document may be given by—

• (a) delivering it by hand to the person,

• (b) leaving it at the person’s proper address,

• (c) sending it by post to the person at their proper address, or

• (d) sending it by email to an electronic address at which the person has agreed to receive documents or has agreed to receive the document.

• (3) The document may—

• (a) in the case of a body corporate, be given in accordance with subsection (2) to an officer of the body;

• (b) in the case of a partnership, be given in accordance with subsection (2) to a partner.

• (4) For the purposes of this section, the “proper address” of a person (except an authorised officer of the regulator) is—

• (a) in the case of a document to be given by or on behalf of the regulator to a person who has provided an address for service to the regulator, that address;

• (b) subject to that—

• (i) in the case of a body corporate (including a document given to an officer of the body), the address of its registered or principal office;

• (ii) in the case of a partnership (including a document given to a partner), the address of its principal office;

• (iii) in the case of any other person, their last known address.

• (5) For the purposes of this section, the “proper address” of an authorised officer of the regulator is—

• (a) the address specified by the officer, or

• (b) if no address is specified, the address of the regulator’s principal office.

• (6) If—

• (a) the document is to be given to the person as the owner of any premises, a resident of any premises, or the accountable person of a higher-risk building, and

• (b) the person’s name and proper address is not known, despite reasonable steps having been taken to ascertain it,

the document may be given by addressing it to the owner or resident of the premises (naming the premises) or the accountable person of the building (naming the building) and fixing it to a conspicuous part of the premises or building.

• (7) A document left as mentioned in subsection (2)(b) is treated as given when it was left.

• (8) A document sent as mentioned in subsection (2)(c) is treated as given 48 hours after it was sent, unless the contrary is proved.

• (9) A document sent as mentioned in subsection (2)(d) is treated as given 24 hours after it was sent, unless the contrary is proved.

• (10) A document fixed as mentioned in subsection (6) is treated as given 48 hours after it was fixed.

• (11) This section does not apply to the giving of a document for which other provision is made by or under this Part or Part 4.

• (12) In this section—

• “accountable person” has the same meaning as in Part 4 (see section 72);

• “agreed” means agreed in writing;

• “authorised officer” means a person in respect of whom an authorisation under section 22 is in force;

• “giving”: references to giving include similar expressions (such as serving);

• “specified” means specified in writing.

Interpretation of Part 2

30

• (1) In this Part—

• “building” (except in section 28(6)) means any permanent or temporary building in England except a building of a prescribed description;

• “building function” has the meaning given by section 3;

• “the built environment industry” means— persons carrying on, for business purposes, activities connected with the design, construction, management or maintenance of buildings, and employees of such persons; and references to a person “in” the industry are to any such person or employee;

• “contravention” includes a failure to comply;

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

• “disabled”: a person is disabled if the person has a physical or mental impairment which has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities;

• “financial year” means a year ending with 31 March;

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

• “local authority” means— a district council or relevant unitary authority, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, or the Council of the Isles of Scilly;

• “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;

• “owner” has the meaning given by section 115;

• “personal data” has the same meaning as in the Data Protection Act 2018;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “registered building inspector” has the meaning given by section 58A of the Building Act 1984;

• “the regulator” has the meaning given by section 2;

• “resident” and “resident of a higher-risk building” have the same meaning as in Part 4 (see section 71(3) and (4)(c));

• “residential unit” means— a dwelling, or any other unit of living accommodation;

• “standard”: any reference to the standard of a building is to its standard from a technical perspective.

• (2) In subsection (1), in the definition of “local authority”, “relevant unitary authority” means a council for a county in England so far as it is the council for an area for which there are no district councils.

• (3) The Secretary of State may by regulations provide that in any prescribed provision of this Part a reference to a building includes any of the following—

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

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

Part 3 — Building Act 1984

Building control authorities and building regulations

Higher-risk buildings etc

31

In the Building Act 1984 after section 120C (inserted by Schedule 5) insert—

(120D) (1) This section applies for the purposes of this Act as it applies in relation to England. (2) “Higher-risk building” means a building in England that— (a) is at least 18 metres in height or has at least 7 storeys, and (b) is of a description specified in regulations made by the Secretary of State. (3) The Secretary of State may by regulations make provision supplementing this section. (4) The regulations may in particular— (a) define “building” or “storey” for the purposes of this section; (b) make provision about how the height of a building is to be determined for those purposes; (c) provide that “higher-risk building” does not include a building of a specified description. (5) Regulations made by virtue of subsection (4)(a) may in particular define “building” so as to provide that it includes— (a) any other structure or erection of any kind (whether temporary or permanent); (b) any vehicle, vessel or other movable object of any kind, in such circumstances as may be specified. (6) The Secretary of State may by regulations amend this section (other than subsection (1) or (3) or this subsection). (7) For the meaning of “higher-risk building work” see section 91ZA. (120E) (1) Before making regulations under section 120D, the Secretary of State must consult— (a) the regulator, and (b) such other persons as the Secretary of State considers appropriate. (2) But the regulator need not be consulted if— (a) the regulations give effect to a recommendation made by the regulator under section 120G, or (b) the Secretary of State has under section 120H asked the regulator for advice about the description of building in question. (120F) (1) This section applies if the Secretary of State proposes to make regulations under section 120D that would result in a description of building (including anything within subsection (5) of that section) becoming a higher-risk building for the purposes of this Act as it applies in relation to England. (2) The Secretary of State must ask the regulator under section 120H(1) for advice about the description of building, except where the regulations would give effect to a recommendation under section 120G(2). (3) The Secretary of State must carry out a cost-benefit analysis and publish it. (4) In this section “cost-benefit analysis” means— (a) an analysis of the costs together with an analysis of the benefits that will arise if the regulations are made, and (b) an estimate of those costs and of those benefits (subject to subsection (5)). (5) If, in the opinion of the Secretary of State— (a) the costs or benefits cannot reasonably be estimated, or (b) it is not reasonably practicable to produce an estimate, the cost-benefit analysis need not estimate them, but must include a statement of the Secretary of State’s opinion and an explanation for it. (120G) (1) Subsection (2) applies if, in respect of any description of building that is not a higher-risk building, the regulator considers— (a) that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description, (b) that if the risk materialised as regards a building of that description it would have the potential to cause a major incident, and (c) that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England. (2) The regulator must— (a) recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act, and (b) give the Secretary of State a statement of its assessment of the issues it considered when deciding to make the recommendation. (3) If, following a recommendation, the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out— (a) the regulator’s recommendation, (b) the Secretary of State’s decision not to make the regulations, and (c) the reasons for that decision. (4) If the regulator considers that a particular description of higher-risk building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England, it must make a recommendation to the Secretary of State to that effect. (5) In this section— - “building safety risk” means a risk to the safety of people in or about a building arising from any of the following occurring as regards the building—the spread of fire;structural failure;any other matter prescribed by regulations under section 62 of the Building Safety Act 2022 in relation to all buildings, or in relation to a description of building that includes the building; - “major incident” means an incident resulting in—a significant number of deaths, orserious injury to a significant number of people. (120H) (1) Subsections (2) to (5) apply if the Secretary of State asks the regulator for advice as to whether a specified description of building should be a higher-risk building for the purposes of this Act as it applies in relation to England. (2) The regulator must consider whether the following conditions are met— (a) the first condition is that a building safety risk is greater for that description of buildings than it is for buildings that are not of that description; (b) the second condition is that, if the risk materialised as regards a building of that description, it would have the potential to cause a major incident; (c) the third condition is that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England. (3) The regulator must— (a) if the conditions mentioned in subsection (2) are met, recommend to the Secretary of State that buildings of that description should be higher-risk buildings for the purposes of this Act as it applies in relation to England; (b) otherwise, recommend to the Secretary of State that buildings of that description should not be higher-risk buildings for those purposes. (4) The regulator must give the Secretary of State a statement of its assessment of the issues it considered in relation to the recommendation under subsection (3). (5) If, following a recommendation under subsection (3)(a), the Secretary of State decides not to make regulations under section 120D giving effect to the recommendation, the Secretary of State must publish a document setting out— (a) the regulator’s recommendation, (b) the Secretary of State’s decision not to make the regulations, and (c) the reasons for that decision. (6) If requested, the regulator must provide advice to the Secretary of State as to whether a specified description of building should cease to be a higher-risk building for the purposes of this Act as it applies in relation to England. (7) In this section— - “building safety risk” has the meaning given by section 120G; - “major incident” has the meaning given by that section; - “specified” means specified in the request. (120I) (1) This section applies for the purposes of this Act as it applies in relation to Wales. (2) “Higher-risk building” means a building of a description specified in regulations made by the Welsh Ministers. (3) “Higher-risk building work” means any work relating to a higher-risk building or a proposed higher-risk building, including— (a) any work relating to a building that is not a higher-risk building that causes it to become such a building, and (b) any work relating to a higher-risk building that causes it to cease to be such a building. (4) The Welsh Ministers may by regulations define “building” for the purposes of this section. (5) The regulations may in particular provide that “building” includes— (a) any other structure or erection of any kind (whether temporary or permanent); (b) any vehicle, vessel or other movable object of any kind, in such circumstances as may be specified.

Building control authorities

32

• (1) The Building Act 1984 is amended as follows.

• (2) In section 91—

• (a) in subsection (1) before paragraph (a) insert—

(za) subsection (3) of this section and regulations under section 91ZD,

;

• (b) in subsection (2) for the words from “sections” to the end substitute

— (a) subsection (3) of this section, (b) sections 5(3), 48(1) and 53(2), and (c) regulations under section 91ZD.

;

• (c) after that subsection insert—

(3) In cases where section 91ZA or 91ZB provides that the regulator is the building control authority, it is the duty of the regulator (and not the local authority in question)— (a) to carry Part 1 of this Act into execution, and (b) to enforce building regulations.

;

• (d) in the heading at the end insert “and the regulator”.

• (3) After that section insert—

(91ZA) (1) The regulator is the building control authority in relation to any higher-risk building in England or any proposed such building. (2) This includes the regulator being the building control authority as regards— (a) any work relating to a building in England that is not a higher-risk building that causes it to become such a building, and (b) any work relating to a higher-risk building in England that causes it to cease to be such a building. (3) In this Act “higher-risk building work”, in relation to England, means any work for which the regulator is the building control authority by virtue of this section. (4) For the meaning of “higher-risk building” see section 120D. (91ZB) (1) This section applies in relation to work of a prescribed description (“the work”) that is to be carried out in England and has a prescribed connection with any higher-risk building work. (2) Where— (a) the regulator and the person intending to carry out the work, acting jointly, give a notice under this section (a “regulator’s notice”) to the local authority for the area in which the work is to be carried out, and (b) the regulator’s notice is accepted (or treated as accepted) by the local authority, the regulator is the building control authority in relation to the work. (3) A regulator’s notice may not be given if any of the following has been given to the local authority in relation to the work (or any part of it)— (a) an application for building control approval; (b) an initial notice (within the meaning of section 47); (c) a public body’s notice (within the meaning of section 54). (91ZC) (1) This section supplements section 91ZB. (2) A local authority to whom a regulator’s notice is given must reject the notice if any prescribed ground exists, and must otherwise accept the notice. (3) A notice of rejection must be given within the prescribed period, and must specify the ground or grounds in question. (4) The person intending to carry out the work may appeal to the tribunal against a decision of the local authority to reject the regulator’s notice. (5) Where a local authority to whom a regulator’s notice is given does not— (a) give a notice of rejection in accordance with subsection (3), or (b) give a notice of acceptance within the period mentioned in that subsection, the authority is treated as having accepted the regulator’s notice at the end of that period. (6) As regards any notice under section 91ZB or this section, building regulations may make provision about— (a) the form and content of the notice; (b) the information and documents that must accompany it; (c) the way in which the notice, and anything that is to accompany it, is to be given. (91ZD) (1) Building regulations may make provision about cases where a local authority for an area in Wales (“the relevant local authority”) proposes to carry out higher-risk building work in that area. (2) The regulations may in particular— (a) restrict (or prevent) the exercise by the relevant local authority of prescribed functions in relation to the higher-risk building work; (b) require the relevant local authority to notify the Welsh Ministers of prescribed matters; (c) confer on the Welsh Ministers a power to designate another local authority as the building control authority in relation to the higher-risk building work (instead of the relevant local authority); (d) confer on the Welsh Ministers a power to require the relevant local authority to provide specified information, for the purposes of deciding whether to exercise the power of designation. (3) The regulations may also provide, in cases where a local authority is designated as the building control authority in relation to the higher-risk building work, that the relevant local authority and the designated local authority may agree that the designated local authority is to be the building control authority in relation to any work of a prescribed description that has a prescribed connection with the higher-risk building work. (4) Where, as a result of regulations made by virtue ofsubsection (2)(c) or (3), a designated local authority is the building control authority in relation to any work, as regards that work— (a) prescribed functions are functions of the designated local authority (rather than the relevant local authority); (b) the designated local authority (rather than the relevant local authority) must perform such functions relating to enforcement as may be prescribed.

• (4) After section 121 insert—

(121A) (1) In this Act “building control authority” means— (a) the regulator, in cases where section 91ZA or 91ZB provides that the regulator is the building control authority; (b) the local authority mentioned in subsection (2), in any other case. (2) That local authority is— (a) if, by virtue of regulations made under section 91ZD (higher-risk buildings in Wales: local authority work), a designated local authority is the building control authority, that local authority; (b) otherwise, the local authority for the area in which the building is situated or the proposed building is to be situated.

Building regulations

33

In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 1 insert—

(1A) (1) Building regulations may make provision about the procedure that may or must be followed in relation to any work. (2) The regulations may in particular make provision for and in connection with— (a) the giving of notices; (b) the making of applications to building control authorities; (c) the giving or receipt of certificates; (d) requiring a prescribed person, in prescribed circumstances, to consult such other person as may be prescribed. (3) The regulations may— (a) confer on a building control authority a power to require a person to notify the authority of specified matters by the specified time; (b) provide that in prescribed circumstances an application is treated as granted or is treated as refused; (c) make provision about the effect of the grant of an application; (d) make provision about the effect of certificates; (e) require a person consulted to give a substantive response to the consultation before the end of a prescribed period. (4) In sub-paragraph (3)(a) “specified” means specified by the building control authority. (1B) (1) Building regulations may in particular make provision for and in connection with applications for building control approval (including approval of changes to anything that has already been approved). (2) “Building control approval”— (a) in relation to any work, means the approval by the building control authority of— (i) plans of the work, and (ii) such other documents, relating to compliance with any provision of building regulations, as may be prescribed (or, in a case within sub-paragraph (5), as are provided to the authority); (b) in relation to a change to a relevant document, means the approval by the authority of the change. (3) Building regulations may— (a) confer on building control authorities a power, with the consent of the applicant— (i) to impose requirements (including in particular requirements of a kind mentioned in sub-paragraph (4)) when granting an application; (ii) to vary requirements; (b) make provision about the cases in which an application for approval of a change must be made (including provision conferring on building control authorities a power to specify the circumstances in which such an application must be made). (4) The requirements referred to in sub-paragraph (3)(a) are— (a) a requirement relating to the provision of a revised version of a specified relevant document; (b) a requirement that the work does not proceed beyond a specified stage unless a specified relevant document has been given to, and approved by, the building control authority. (5) Building regulations may provide that in prescribed cases— (a) an application may be made to the authority for approval of the plans and such other relevant documents as the applicant considers appropriate, and (b) the authority may refuse the application if the applicant does not, on request, provide it with a specified relevant document. (6) In this paragraph— (a) “relevant document” means— (i) the plans mentioned in sub-paragraph (2)(a)(i), or (ii) a document prescribed for the purposes of sub-paragraph (2)(a)(ii); (b) “specified” means specified by the building control authority; (c) a reference to a change to a document includes the replacement of it. (1C) (1) Building regulations may in particular make provision for and in connection with certificates that are given— (a) by a member of a scheme that is approved, (b) in accordance with the scheme, and (c) in accordance with any prescribed requirement relating to the provision of insurance cover in respect of work to which the certificate relates. (2) Building regulations may make provision for and in connection with— (a) the approval of schemes by the appropriate national authority or a person designated by that authority; (b) the suspension or withdrawal of approvals (including provision about appeals to the appropriate court or tribunal against the suspension or withdrawal of approvals). (3) The regulations may in particular provide that a scheme may be approved (and may remain approved) only if prescribed requirements relating to the provision of insurance cover are complied with. (4) The regulations may provide— (a) that an approval has effect for a particular period (including a period specified in the approval), or (b) that an approval has effect until it is suspended or withdrawn. (5) The requirements relating to insurance cover that may be prescribed include in particular a requirement that insurance cover is provided through a scheme of insurance approved by the appropriate national authority or a person designated by that authority. (1D) (1) Building regulations may, in relation to any work, make provision about— (a) obtaining information or documents; (b) creating documents; (c) keeping information or documents; (d) giving information or documents. (2) The regulations may in particular— (a) provide that information or documents must be given or kept in accordance with prescribed standards; (b) impose requirements as regards keeping information or documents up to date; (c) confer on building control authorities or other prescribed persons a power, in prescribed circumstances, to require a person to give information to them. (3) Where building regulations provide that any information or document must be given, they may make provision about the admissibility in any criminal proceedings of the information or document. (1E) (1) This paragraph applies where building regulations made by virtue of paragraph 1D require a person to give information— (a) in relation to work in England, to the regulator; (b) in relation to work in Wales, to the building control authority. (2) For the purpose of facilitating and securing compliance with any such requirement, the regulations may— (a) require a prescribed person to establish and operate a system for the giving of prescribed information to such person as may be prescribed, and (b) make provision about such systems. (1F) (1) Where building regulations provide that any document must or may be given, they may make provision about— (a) the form and content of the document; (b) the information and other documents that must accompany it; (c) the way in which the document, and anything that is to accompany it, is to be given. (2) Where building regulations provide that any information must or may be given, they may make provision about the way in which it is to be given. (3) Building regulations may provide that any of the matters mentioned in paragraphs (a) to (c) of sub-paragraph (1), or in sub-paragraph (2), are to be specified in a direction made and published in accordance with the regulations. (4) Building regulations may provide that— (a) a prescribed application must be accompanied by such prescribed documents as the applicant considers appropriate, and (b) the building control authority may refuse the application if the applicant does not, on request, provide it with a document of a kind prescribed for the purposes of paragraph (a) in relation to the application. (1G) (1) Building regulations may make provision for and in connection with— (a) the inspection and testing of work; (b) the inspection and testing of buildings; (c) the inspection and testing of services, fittings and equipment provided in connection with buildings; (d) the taking of samples. (2) The regulations may in particular— (a) prohibit the covering up of any work, for a prescribed period after a prescribed or specified event; (b) provide for the cutting into or laying open of any work or building, or the pulling down of any work. (3) In sub-paragraph (2)(a) “specified” means specified by the building control authority. (1H) Building regulations may provide that any prescribed period for the doing of a thing by a building control authority in connection with an application made to it may be extended by agreement between the authority and the applicant. (1I) (1) Building regulations may make provision for and in connection with appeals against decisions made under, or under an instrument made under, Part 1, 2 or 2A of this Act. (2) The regulations may confer, in respect of a prescribed decision— (a) in relation to England— (i) a right to appeal to the regulator or the tribunal, and (ii) in the case of an appeal to the regulator, a right of appeal to the tribunal against the decision of the regulator made on appeal; (b) in relation to Wales— (i) a right to appeal to the Welsh Ministers or a magistrates’ court, and (ii) in the case of an appeal to the Welsh Ministers, a right of appeal to a magistrates’ court or a right of appeal to the High Court, against the decision of the Welsh Ministers made on appeal. (3) The provision that may be made in connection with appeals includes provision about a right of appeal conferred by Part 1, 2 or 2A. (4) The regulations may in particular make provision about— (a) the grounds upon which an appeal may be made; (b) the period within which an appeal must be made; (c) the way in which any appeal is to be made; (d) the powers of the court, tribunal or other person determining the appeal (including provision conferring a power to give directions and, in the case of the regulator or Welsh Ministers, powers in respect of costs). (5) In respect of appeals to the regulator or the Welsh Ministers, the regulations may make provision about procedural matters (including provision conferring a discretion as to the procedure to be adopted). (6) In respect of appeals to the Welsh Ministers, the regulations may in particular make provision for and in connection with the Welsh Ministers appointing a person to determine the appeal (including provision conferring functions on that person and providing that their decision is treated as the decision of the Welsh Ministers).

Dutyholders and general duties

34

In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 5 insert—

(5A) (1) Building regulations may require prescribed appointments to be made in relation to any work. (2) Building regulations may make provision about appointments, including provision about— (a) the persons who are to make appointments; (b) the persons who may be appointed; (c) the time by which appointments must be made; (d) the period for which persons are to be appointed; (e) the termination of appointments; (f) the replacement of appointed persons. (3) The regulations may provide that in prescribed circumstances an appointment is treated as made. (4) In this Schedule “appointed person”, in relation to any work, means a person appointed in relation to that work under building regulations made by virtue of this paragraph. (5B) (1) Building regulations may, for the purpose of facilitating compliance with any requirement of building regulations in relation to any work to which building regulations are applicable— (a) impose duties on relevant persons in connection with the planning or management of the work; (b) require relevant persons to co-operate with other relevant persons. (2) The following are “relevant persons” for this purpose— (a) any appointed person; (b) any prescribed person.

Industry competence

35

In Schedule 1 to the Building Act 1984 (building regulations) after paragraph 5B (inserted by section 34) insert—

(5C) (1) Building regulations may, in relation to any work, impose competence requirements on— (a) any appointed person, or (b) any prescribed person. (2) A “competence requirement” is a requirement relating to— (a) the skills, knowledge, experience and behaviours of an individual; (b) the capability of a person other than an individual to perform its functions under building regulations. (3) The regulations may require an appointed person who is not an individual to give an individual acting under its control who has the appropriate skills, knowledge, experience and behaviours the task of managing its functions as an appointed person.

Lapse of building control approval etc

36

• (1) The Building Act 1984 is amended as follows.

• (2) For section 32 substitute—

(32) (1) This section applies where— (a) an application for building control approval in respect of any work is made on any day (“the relevant day”), and (b) the application is granted. (2) Where— (a) the work relates to one building, and (b) the work is not commenced within 3 years from the end of the relevant day, the relevant provisions have effect as if the application had not been made (and the approval had not been given). (3) Where— (a) the work relates to more than one building, and (b) the work relating to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day, the relevant provisions have effect in relation to those buildings and the relevant work as if the application had not been made (and the approval had not been given). (4) In subsection (1) the reference to an application for building control approval is to an application for approval of a kind mentioned in paragraph 1B(2)(a) of Schedule 1. (5) In this section “the relevant provisions” means this Act and regulations made under it except the following provisions and any regulations made under them— (a) sections 56, 56A, 56B and 91A (records and registers etc); (b) section 105B (fees and charges). (6) Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.

• (3) In section 47(4)(b) (time when initial notice ceases to be in force) for “below”, in the first place it occurs, substitute “(final certificates) and section 53A (lapse of initial notice)”.

• (4) In section 50 (plans certificates) omit subsection (8).

• (5) In section 52 (cancellation of initial notice) omit subsection (5).

• (6) In section 53(2) (effect of initial notice ceasing to be in force: general)—

• (a) at the end of paragraph (a) insert “and”;

• (b) omit paragraph (c) and the “and” immediately before it.

• (7) After section 53 insert—

(53A) (1) This section applies where— (a) on any day (“the relevant day”) an initial notice is given in respect of any work, and (b) the initial notice is accepted. (2) Where the work relates to one building and is not commenced within 3 years from the end of the relevant day— (a) the initial notice ceases to be in force, and (b) if a plans certificate relating to the work (or any part of it) has been accepted, the relevant provisions have effect as if the certificate had not been given (or accepted). (3) Where the work relates to more than one building, and the work in relation to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day— (a) the initial notice ceases to be in force so far as it relates to the relevant work, and (b) if a plans certificate relating to the relevant work (or any part of it) has been accepted, the relevant provisions have effect as if, as regards the relevant work, the certificate had not been given (or accepted). (4) For the purposes of subsection (3)(b) it does not matter whether the plans certificate also relates to work other than the relevant work. (5) In this section “the relevant provisions” has the meaning given by section 32. (6) Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.

• (8) In section 54(4)—

• (a) omit the “and” at the end of paragraph (a);

• (b) after paragraph (b) insert

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

• (9) Schedule 4 is amended as follows.

• (10) In paragraph 1(1) for “below” substitute “(final certificates) and paragraph 4A (lapse of public body’s notice)”.

• (11) In paragraph 2 omit sub-paragraph (6).

• (12) In paragraph 4(2) omit paragraph (c) and the “and” before it.

• (13) After paragraph 4 insert—

(4A) (1) This paragraph applies where— (a) on any day (“the relevant day”) a public body’s notice is given in respect of any work, and (b) the public body’s notice is accepted. (2) Where the work relates to one building and is not commenced within 3 years from the end of the relevant day— (a) the public body’s notice ceases to be in force, and (b) if a public body’s plans certificate relating to the work (or any part of it) has been accepted, the relevant provisions have effect as if the certificate had not been given (or accepted). (3) Where the work relates to more than one building, and the work in relation to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day— (a) the public body’s notice ceases to be in force so far as it relates to the relevant work, and (b) if a public body’s plans certificate relating to the relevant work (or any part of it) has been accepted, the relevant provisions have effect as if, as regards the relevant work, the certificate had not been given (or accepted). (4) For the purposes of sub-paragraph (3)(b) it does not matter whether the public body’s plans certificate also relates to work other than the relevant work. (5) In this paragraph “the relevant provisions” has the meaning given by section 32. (6) Building regulations may make provision about when work (or work relating to a building) is to be regarded as commenced for the purposes of this paragraph.

Determination of certain applications by Secretary of State or Welsh Ministers

37

After section 30 of the Building Act 1984 insert—

(30A) (1) This section applies where the building control authority fails to determine a prescribed application relating to higher-risk building work (“the original application”) within the relevant period. (2) The applicant may apply to the appropriate national authority for the original application to be determined by that authority. (3) An application under this section may be made only— (a) before the end of the prescribed period, and (b) if the building control authority has not determined the original application. (4) The building control authority may not determine the original application at any time after the making of an application under this section. (5) Building regulations may make provision about applications under this section, including in particular provision— (a) about the making of such applications; (b) requiring an applicant to notify the building control authority of the making of an application; (c) imposing duties on the building control authority in cases where an application is made; (d) for and in connection with the appropriate national authority appointing a person to determine the original application (including provision conferring functions on that person and providing that their decision is treated as the decision of the appropriate national authority); (e) about the procedure to be adopted in connection with the determination of the original application. (6) The provision that may be made by virtue of subsection (5)(a) includes provision about— (a) the form and content of applications; (b) the information and documents that are to accompany an application; (c) the way in which an application, and anything that is to accompany it, is to be given. (7) For the purposes of determining the original application by virtue of this section, this Act and building regulations apply in relation to the appropriate national authority (and any person appointed by virtue of subsection (5)(d)) as they apply in relation to the building control authority. (8) The applicant may appeal to— (a) the tribunal, against a decision of the Secretary of State made under this section; (b) a magistrates’ court, against a decision of the Welsh Ministers made under this section. (9) In this section “the relevant period” means— (a) the period provided by building regulations as the period within which the building control authority is to make the decision, or (b) if the regulations provide that that period may be extended by agreement between the applicant and the building control authority and such an agreement is made, the agreed period.

Compliance and stop notices

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• (1) In the Building Act 1984 before section 36 insert—