Building Safety Act 2022

(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

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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—

(35B) (1) The building control authority may give a compliance notice to a person who appears to the authority to have contravened, be contravening or be likely to contravene— (a) a relevant provision of building regulations, or (b) a requirement imposed by virtue of such a provision. (2) A “compliance notice” is— (a) a notice requiring the recipient to take specified steps within a specified period, or (b) a notice requiring the recipient to remedy the contravention or the matters giving rise to it within a specified period. (3) A notice of a kind mentioned in subsection (2)(a) may specify any steps relating to— (a) the remedying of the contravention, or (b) avoiding the contravention occurring. (4) A person who, without reasonable excuse, contravenes a compliance notice commits an offence. (5) 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); and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction. (6) A compliance notice may not be given in respect of a contravention which occurred more than 12 months before the day on which the notice is given. (7) In this section— (a) “relevant provision” means any provision of building regulations except one that is prescribed for the purposes of this paragraph; (b) “specified” means specified in the notice. (35C) (1) The building control authority may give a stop notice to a person appearing to the authority to be in control of any work if it appears to the authority that— (a) the carrying out of the work would contravene a provision of building regulations prescribed for the purposes of this paragraph, (b) a compliance notice relating to the work has been contravened, or (c) the work contravenes a provision of building regulations or a requirement imposed by virtue of such a provision, and the risk of serious harm condition is met. (2) For the purposes of subsection (1)(c) the “risk of serious harm condition” is that use of the building in question without the contravention having been remedied would be likely to present a risk of serious harm to people in or about the building. (3) A “stop notice” is a notice prohibiting, either immediately or from a specified time, the carrying out of specified work until the occurrence of such of the following as may be specified— (a) the taking of specified steps; (b) the occurrence of specified circumstances; (c) the remedying of a specified contravention or the matters giving rise to it. (4) Where a stop notice is contravened, the person to whom the notice was given commits an offence. (5) 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); and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction. (6) It is a defence for a person charged with an offence under this section to prove that the person took all reasonable precautions and exercised all due diligence to avoid the contravention of the stop notice. (7) In this section “specified” means specified in the notice. (35D) (1) Building regulations may make provision about compliance notices or stop notices. (2) The regulations may in particular make provision about— (a) the form and content of notices; (b) the giving of notices; (c) the amendment or withdrawal of notices; (d) the extension of any period specified in a compliance notice for the doing of a thing. (3) The regulations may require a building control authority which gives a notice to a person to take reasonable steps to notify other prescribed persons. (4) A compliance notice, or a stop notice under section 35C(1)(a), may not be given in respect of a contravention (including a future contravention) where— (a) an application for building control approval was made to a building control authority in respect of any work that is not higher-risk building work, (b) the application was granted, and (c) the contravention consists (or would consist) of the carrying out of work or the doing of anything else in accordance with— (i) the plans, or any other document, approved by the grant of building control approval, and (ii) any requirement imposed by the building control authority in connection with the work or other thing.

• (2) After section 39 of that Act insert—

(39A) (1) A person to whom a compliance notice has been given may appeal to the appropriate court or tribunal. (2) Where an appeal under subsection (1) is made— (a) the compliance notice is of no effect pending the final determination or withdrawal of the appeal, and (b) the specified period mentioned in section 35B(2) is treated as extended by the period— (i) beginning with the day on which the appeal is made, and (ii) ending with the day on which the appeal is finally determined or withdrawn. (3) A person to whom a compliance notice has been given may apply to the appropriate court or tribunal for an extension of the period for the doing of the thing specified in the notice. (4) Subsection (2) applies in relation to such an application as it applies in relation to an appeal under subsection (1). (5) A person to whom a stop notice has been given may appeal to the appropriate court or tribunal. (6) Where an appeal under subsection (5) is made— (a) the appellant may apply to the appropriate court or tribunal for a direction that the stop notice is of no effect pending the final determination or withdrawal of the appeal, and (b) unless and until any such direction is given, the stop notice continues to have effect despite the making of the appeal.

Breach of building regulations

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

• (2) For section 35 substitute—

(35) (1) A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence. (2) Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations. (3) Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed. (4) 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); and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

• (3) In section 36(4) (time limit for notices requiring removal or alteration of non-compliant work) for “12 months” substitute “10 years”.

Liability of officers of body corporate etc

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In the Building Act 1984 before section 113 insert—

(112A) (1) Where an offence under this Act committed by a body corporate— (a) is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or (b) is attributable to any neglect on the part of any such person, that person as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly. (2) In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. (3) Subsection (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body of a reference— (a) in the case of a partnership, to a partner; (b) in the case of an unincorporated body other than a partnership— (i) where the body’s affairs are managed by its members, to a member of the body; (ii) in any other case, to a member of the governing body.

Revocation etc of certain provision made under section 2(2) of ECA 1972

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• (1) In this section “combined instrument” means an instrument containing (whether alone or with other provision)—

• (a) provision made under section 1(1) of the Building Act 1984 (building regulations), and

• (b) provision made under section 2(2) of the European Communities Act 1972 (provision implementing EU obligations etc).

• (2) Regulations under section 1(1) of the Building Act 1984 may revoke a combined instrument so far as it is made under section 2(2) of the European Communities Act 1972.

• (3) Nothing in paragraph 13 or 14 of Schedule 8 to the European Union (Withdrawal) Act 2018 (procedure etc for SIs amending or revoking regulations etc made under section 2(2) of the 1972 Act) is to be read as applying to a statutory instrument that amends a combined instrument so far as the combined instrument is made under section 2(2) of the European Communities Act 1972.

Building control approvers and building inspectors

Building safety directors of resident management companies

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In the Building Act 1984, after Part 2 insert—

(58A) In this Act the “regulatory authority” means— (a) in relation to England, the regulator; (b) in relation to Wales, the Welsh Ministers. (58B) In this Act “registered building inspector” means an individual registered as a building inspector in accordance with this Part. (58C) (1) The regulatory authority must establish and maintain a register of building inspectors. (2) The register may provide for different classes of building inspectors (for example, according to qualifications or experience). (3) The regulatory authority must register an individual as a building inspector, or a building inspector of a particular class, if— (a) the individual makes an application for registration in accordance with section 58D, and (b) the authority is satisfied that the individual meets such criteria as the authority may from time to time determine. (4) Registration may— (a) have effect in relation to all work or in relation to work of a particular description; (b) be subject to conditions. (5) Registration must be for a prescribed period. (6) The register must record, in relation to each registered building inspector— (a) the individual’s name and business address; (b) if the individual is employed by a building control authority or a registered building control approver, the name and business address of that person; (c) whether the individual’s registration has effect in relation to all work or work of a particular description; (d) if the individual’s registration has effect in relation to work of a particular description, that description of work; (e) any conditions to which the individual’s registration is subject; (f) the period for which the individual is registered; (g) if the individual’s registration has been varied by an order under section 58I(2)(b), that fact and the effect of the variation; (h) if the individual’s registration has been suspended by an order under section 58I(2)(c) or 58J(2), that fact and the period of the suspension; (i) any matters that are prescribed. (7) The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate. (58D) (1) An application for registration as a building inspector must— (a) be made in such form and manner, and (b) be accompanied by such information and supporting evidence, as the regulatory authority may from time to time determine. (2) The regulatory authority may make different provision about those matters for different cases. (3) When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require. (4) The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application. (58E) (1) A registered building inspector may apply for the variation or cancellation of their registration. (2) Section 58D applies to such an application as it applies to an application for registration. (58F) (1) The regulatory authority must prepare and publish a code of conduct for registered building inspectors. (2) The code must set out standards of professional conduct and practice expected of registered building inspectors. (3) The code may make different provision for different cases (for example, for different descriptions of work). (4) The regulatory authority may revise the code of conduct at any time (and must publish any revised code). (58G) (1) The regulatory authority may by notice in writing require a registered building inspector to provide the authority with any documents or information the authority reasonably requires for the purposes its functions under sections 58B to 58M. (2) The notice must specify— (a) the documents or information required, (b) the date by which they must be provided, and (c) the form in which they must be provided. (58H) (1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building inspector may be guilty of professional misconduct, the authority may investigate the matter. (2) In this Part “professional misconduct”, in relation to a registered building inspector, means conduct that— (a) falls short of the standards of conduct and practice expected of registered building inspectors, or (b) is likely to bring the profession of registered building inspectors into disrepute. (3) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building inspector under this section (which must include an opportunity for the inspector to make representations). (4) The regulatory authority may revise the statement at any time (and must publish any revised statement). (58I) (1) If following an investigation under section 58H the regulatory authority determines that an individual who is a registered building inspector is guilty of professional misconduct, the authority may make one or more disciplinary orders. (2) A disciplinary order is an order— (a) requiring the individual to pay a financial penalty of an amount specified in the order, (b) varying the individual’s registration in a way specified in the order, (c) suspending the individual’s registration for a period specified in the order, or (d) cancelling the individual’s registration from a date specified in the order. (3) Varying the individual’s registration means varying any of the matters listed in section 58C(4) (limitations and conditions). (4) Where the regulatory authority makes a disciplinary order it must give a copy of the order to the individual concerned as soon as reasonably practicable. (5) The individual may appeal to the appropriate court or tribunal against a disciplinary order under this section. (6) A disciplinary order under subsection (2)(a) or (b) has no effect until— (a) the end of the period within which an appeal may be brought, or (b) if an appeal is brought before the end of that period, the determination of the appeal. (7) Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a). (58J) (1) This section applies where the regulatory authority considers that— (a) an individual who is a registered building inspector may be guilty of professional misconduct, and (b) the suspected misconduct is so serious that, if the authority determines that the individual is guilty, it is likely to make an order under section 58I(2)(d) cancelling the individual’s registration. (2) The regulatory authority may by order suspend the individual’s registration for a period specified in the order (which must not exceed 3 months). (3) The regulatory authority may revoke the order before the end of that period. (4) Where the regulatory authority makes (or revokes) an order under this section it must give a copy of the order (or notice of the revocation) to the individual concerned as soon as reasonably practicable. (5) The individual may appeal to the appropriate court or tribunal against an order under this section. (58K) An individual whose registration is suspended under section 58I(2)(c) or 58J(2) is not a registered building inspector for the purposes of section 46A or 54B (restricted activities and functions) (but is a registered building inspector for the purposes of this Part). (58L) (1) A registered building inspector commits an offence if, without reasonable excuse, they carry out a restricted activity on behalf of a building control authority or a registered building control approver— (a) in relation to work which is outside the scope of their registration, or (b) while their registration is suspended. (2) “Restricted activity”— (a) in relation to a building control authority, has the meaning given by section 46A; (b) in relation to a registered building control approver, has the meaning given by section 54B. (3) A registered building inspector commits an offence if, without reasonable excuse— (a) they give advice to a building control authority or registered building control approver— (i) in relation to work which is outside the scope of their registration, or (ii) while their registration is suspended, and (b) they know, or ought to know, that the authority or approver is obtaining that advice for the purposes of section 46A or 54B (restricted functions). (4) A registered building inspector commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration. (5) A registered building inspector whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended. (6) For the purposes of this section, work is outside the scope of a registered building inspector’s registration if the inspector’s registration does not have effect in relation to work of that description. (7) An offence under this section is punishable on summary conviction by a fine. (58M) (1) A person who is not a registered building inspector commits an offence if, with intent to deceive, the person— (a) impersonates a registered building inspector, or (b) does anything (including using any name, title or description) which implies that the person is a registered building inspector. (2) An offence under this section is punishable on summary conviction by a fine. (58N) In this Act “registered building control approver” means a person registered as a building control approver in accordance with this Part. (58O) (1) The regulatory authority must establish and maintain a register of building control approvers. (2) The regulatory authority must register a person as a building control approver if— (a) the person makes an application for registration in accordance with section 58P, and (b) the authority is satisfied that the person meets such criteria as the authority may from time to time determine. (3) Registration may— (a) have effect in relation to all work or in relation to work of a particular description; (b) be subject to conditions. (4) Registration must be for a prescribed period. (5) The register must record, in relation to each registered building control approver— (a) the person’s name and business address; (b) whether the person’s registration has effect in relation to all work or work of a particular description; (c) if the person’s registration has effect in relation to work of a particular description, that description of work; (d) any conditions to which the person’s registration is subject; (e) the period for which the person is registered; (f) if the person’s registration has been varied by an order under section 58U(2)(b), that fact and the effect of the variation; (g) if the person’s registration has been suspended by an order under section 58U(2)(c) or 58V(2), that fact and the period of the suspension; (h) any matters that are prescribed. (6) The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate. (58P) (1) An application for registration as a building control approver must— (a) be made in such form and manner, and (b) be accompanied by such information and supporting evidence, as the regulatory authority may from time to time determine. (2) The regulatory authority may make different provision about those matters for different cases. (3) When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require. (4) The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application. (58Q) (1) A registered building control approver may apply for the variation or cancellation of their registration. (2) Section 58P applies to such an application as it applies to an application for registration. (58R) (1) The regulatory authority must prepare and publish professional conduct rules applying to registered building control approvers (in addition to operational standards rules applying to them under section 58Z). (2) Professional conduct rules may in particular make provision about insurance and financial propriety. (3) The rules may make different provision for different cases (for example, for different descriptions of work). (4) The regulatory authority may revise the professional conduct rules at any time (and must publish any revised rules). (58S) (1) The regulatory authority may by notice in writing require a registered building control approver to provide the authority with any documents or information the authority reasonably requires for the purposes of its functions under sections 58N to 58X. (2) The notice must specify— (a) the documents or information required, (b) the date by which they must be provided, and (c) the form in which they must be provided. (58T) (1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building control approver may have contravened the professional conduct rules, the authority may investigate the matter. (2) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building control approver under this section (which must include an opportunity for the person to make representations). (3) The regulatory authority may revise the statement at any time (and must publish any revised statement). (58U) (1) If following an investigation under section 58T the regulatory authority determines that a person who is a registered building control approver has contravened the professional conduct rules, the authority may make one or more disciplinary orders. (2) A disciplinary order is an order— (a) requiring the person to pay a financial penalty of an amount specified in the order, (b) varying the person’s registration in a way specified in the order, (c) suspending the person’s registration for a period specified in the order, or (d) cancelling the person’s registration from a date specified in the order. (3) Varying the person’s registration means varying any of the matters listed in section 58O(3) (limitations and conditions). (4) Where the regulatory authority makes a disciplinary order it must as soon as reasonably practicable— (a) give a copy of the order to the person concerned, and (b) in prescribed cases, give a copy of the order— (i) to each local authority in England, where the regulatory authority is the regulator, or (ii) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (5) The person may appeal to the appropriate court or tribunal against a disciplinary order under this section. (6) A disciplinary order under subsection (2)(a) or (b) has no effect until— (a) the end of the period within which an appeal may be brought, or (b) if an appeal is brought before the end of that period, the determination of the appeal. (7) Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a). (8) A person whose registration is suspended by an order under subsection (2)(c) is a registered building control approver for the purposes of this Part. (9) See section 58Z6(2) for further provision about cancellation of a person’s registration as a building control approver. (58V) (1) This section applies where the regulatory authority considers that— (a) a person who is a registered building control approver may have contravened the professional conduct rules, and (b) the suspected contravention is so serious that, if the authority determines that the contravention has occurred, it is likely to make an order under section 58U(2)(d) cancelling the person’s registration. (2) The regulatory authority may by order suspend the person’s registration for a period specified in the order (which must not exceed 3 months). (3) The regulatory authority may revoke the order before the end of that period. (4) Where the regulatory authority makes (or revokes) an order under this section it must as soon as reasonably practicable— (a) give a copy of the order (or notice of the revocation) to the person concerned, and (b) in prescribed cases, give a copy of the order (or notice of the revocation)— (i) to each local authority in England, where the regulatory authority is the regulator, or (ii) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (5) The person may appeal to the appropriate court or tribunal against an order under this section. (6) A person whose registration is suspended by an order under this section is a registered building control approver for the purposes of this Part. (58W) (1) A registered building control approver commits an offence if, without reasonable excuse, they exercise a function under this Act, or regulations made under this Act— (a) in relation to work outside the scope of their registration, or (b) while their registration is suspended. (2) A registered building control approver commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration. (3) A registered building control approver whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended. (4) For the purposes of this section, work is outside the scope of a registered building control approver’s registration if their registration does not have effect in relation to work of that description. (5) An offence under this section is punishable on summary conviction by a fine. (58X) (1) A person who is not a registered building control approver commits an offence if, with intent to deceive, the person— (a) impersonates a registered building control approver, or (b) does anything (including using any name, title or description) which implies that the person is a registered building control approver. (2) An offence under this section is punishable on summary conviction by a fine. (58Y) (1) The regulatory authority may delegate its registration functions to another person, to such extent and subject to such conditions as it considers appropriate. (2) The regulatory authority’s registration functions are its functions under sections 58B to 58X (and include the charging of any registration fees or recovery of any registration charges). (3) “Registration fees” and “registration charges” mean fees and charges in connection with the regulatory authority’s functions under sections 58B to 58X that are— (a) prescribed by regulations under section 105B, or (b) determined by the regulatory authority in accordance with regulations under that section. (4) The regulatory authority may vary or revoke a delegation. (5) Where the regulatory authority is the regulator, it— (a) may make, vary or revoke a delegation only with the consent of the Secretary of State; (b) must vary or revoke a delegation if directed to do so by the Secretary of State. (6) Section 58Z9 of this Act (sharing of information between regulatory authorities) and Schedule 3 to the Building Safety Act 2022 (information sharing between regulator and other authorities) apply as if references to the regulator included references to a person to whom the regulator has delegated functions under this section. (7) The following provisions of this Act apply as if references to the Welsh Ministers included references to a person to whom the Welsh Ministers have delegated functions under this section— (a) section 58Z9 (sharing of information between regulatory authorities); (b) section 91B (cooperation and sharing of information between Welsh Ministers and other authorities); (c) section 131A (application to the Crown). (58Z) (1) The regulatory authority may make rules (“operational standards rules”) applying to local authorities and registered building control approvers in relation to their exercise of building control functions. (2) Operational standards rules may in particular make provision about standards to be met, and practices, procedures or methods to be adopted, in exercising building control functions. (3) In this Part “building control functions”, in relation to a local authority or registered building control approver, means the functions of the authority or approver under this Act and regulations made under it. (4) The operational standards rules may make different provision for different cases (for example, for different descriptions of work). (5) The regulatory authority may revise the operational standards rules at any time. (6) The regulatory authority must publish the operational standards rules (and any revised rules). (58Z1) (1) The regulatory authority may direct local authorities and registered building control approvers to provide it, at specified times or intervals, with specified reports, returns and other information relating to the exercise of their building control functions. (2) “Specified” means specified in the direction. (3) A direction under this section— (a) must be in writing; (b) may be general or specific; (c) may be varied or revoked. (4) A registered building control approver who, without reasonable excuse, fails to comply with a direction under this section commits an offence. (5) An offence under subsection (4) is punishable on summary conviction by a fine. (58Z2) (1) This section applies where the Welsh Ministers are the regulatory authority. (2) The Welsh Ministers may by notice in writing require a local authority or registered building control approver to provide the Welsh Ministers with any documents or information relating to the exercise of their building control functions that the Welsh Ministers reasonably require. (3) The notice must specify— (a) the documents or information required, (b) the date by which they must be provided, and (c) the form in which they must be provided. (4) A registered building control approver who, without reasonable excuse, fails to comply with a notice under this section commits an offence. (5) An offence under subsection (4) is punishable on summary conviction by a fine. (58Z3) (1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a local authority or registered building control approver may have contravened the operational standards rules, the regulatory authority may investigate the matter. (2) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating an authority or approver under this section (which must include an opportunity for the authority or approver to make representations). (3) The regulatory authority may revise the statement at any time (and must publish any revised statement). (58Z4) (1) The regulatory authority may give an improvement notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the local authority or registered building control approver has contravened operational standards rules. (2) An improvement notice is a notice requiring the local authority or registered building control approver to remedy the contravention by doing, or by refraining from doing, anything specified in the order. (3) An improvement notice may have effect— (a) until it is revoked, or (b) for a period specified in the notice. (4) Where the regulatory authority gives an improvement notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice. (5) Where the regulatory authority gives an improvement notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement— (a) to each local authority in England, where the regulatory authority is the regulator, or (b) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (6) Where the regulatory authority giving an improvement notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State. (7) The local authority or registered building control approver to whom the improvement notice is given may appeal to the appropriate court or tribunal against the notice. (58Z5) (1) The regulatory authority may give a serious contravention notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the condition in subsection (2) or (3) is met. (2) The condition in this subsection is that— (a) the local authority or registered building control approver has contravened operational standards rules, and (b) as a result of the contravention the safety of persons in or about buildings has been, or may have been, put at risk. (3) This condition in this subsection is that the local authority or registered building control approver— (a) has been given an improvement notice under section 58Z4, and (b) has failed to remedy the contravention of operational standards rules in respect of which the notice was given. (4) A serious contravention notice is a notice requiring the local authority or registered building control approver to remedy the contravention in question by doing, or by refraining from doing, anything specified in the order. (5) A serious contravention notice may have effect— (a) until it is revoked, or (b) for a period specified in the notice. (6) Where the regulatory authority gives a serious contravention notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice. (7) Where the regulatory authority gives a serious contravention notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement— (a) to each local authority in England, where the regulatory authority is the regulator, or (b) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (8) Where the regulatory authority giving a serious contravention notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State. (9) The local authority or registered building control approver to whom the serious contravention notice is given may appeal to the appropriate court or tribunal against the notice. (10) A person who, without reasonable excuse, contravenes a serious contravention notice commits an offence and is liable on summary conviction to a fine. (58Z6) (1) This section applies where— (a) the regulatory authority has given a registered building control approver one or more serious contravention notices under section 58Z5, and (b) it appears to the regulatory authority that the way in which the approver exercises their building control functions— (i) falls short of the standards expected, and (ii) puts, or may put, the safety of persons in or about buildings at risk, and is likely to continue to do so. (2) The regulatory authority may cancel the approver’s registration. (3) But before cancelling a registered building control approver’s registration under subsection (2) the regulatory authority must— (a) give the approver notice that it is considering its registration under that subsection, and explain its reasons, and (b) invite the approver to make representations within a period specified in the notice (which must not be less than 14 days). (4) Where the regulatory authority cancels a registered building control approver’s registration under subsection (2) it must as soon as reasonably practicable— (a) notify the approver that it has done so, (b) give the approver a statement of its reasons, and (c) notify— (i) each local authority in England, where the regulatory authority is the regulator, or (ii) each local authority in Wales, where the regulatory authority is the Welsh Ministers. (5) A registered building control approver may appeal to the appropriate court or tribunal against the cancellation of its registration under subsection (2). (58Z7) (1) This section applies where— (a) the regulatory authority is the regulator, (b) the regulatory authority has given a local authority one or more serious contravention notices under section 58Z5, and (c) it appears to the regulatory authority that the way in which the local authority exercises their building control functions— (i) falls short of the standards expected, and (ii) puts, or may put, the safety of persons in or about buildings at risk, and is likely to continue to do so. (2) The regulatory authority may recommend to the Secretary of State that the Secretary of State make an order under section 116(4) (transfer of functions to the Secretary of State or another local authority). (3) But before making a recommendation under subsection (2) the regulatory authority must— (a) give the local authority notice that it is considering making a recommendation under that subsection, and explain its reasons, and (b) invite the authority to make representations within a period specified in the notice (which must not be less than 14 days). (4) Where the regulatory authority makes a recommendation under subsection (2) it must as soon as reasonably practicable— (a) notify the local authority that it has done so, and (b) give the local authority a statement of its reasons. (5) A local authority may appeal to the tribunal against a recommendation under subsection (2). (58Z8) (1) The regulatory authority may carry out an inspection of a local authority, or a registered building control approver, in relation to their exercise of building control functions. (2) The purposes for which an inspection may be carried out include— (a) ascertaining the efficiency and effectiveness of the local authority or registered building control approver in exercising their building control functions; (b) verifying any information provided by the local authority or registered building control approver to the regulatory authority, in connection with their building control functions. (58Z9) (1) The regulator may disclose information held in connection with a function under this Part to the Welsh Ministers for the purposes of— (a) a function of the regulator under this Part, or (b) a function of the Welsh Ministers under this Part. (2) The Welsh Ministers may disclose information held in connection with a function under this Part to the regulator for the purposes of— (a) a function of the Welsh Ministers under this Part, or (b) a function of the regulator under this Part. (3) Except as provided by subsection (4), the disclosure of information under this section does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (4) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section). (58Z10) An appeal lies to the Crown Court against a decision of a magistrates’ court under this Part.

Transfer of approved inspectors’ functions to registered building control approvers

43

Schedule 4 amends the Building Act 1984 so as to—

• (a) transfer the functions of approved inspectors to registered building control approvers, and

• (b) make other provision consequential on section 42.

Functions exercisable only through, or with advice of, registered building inspectors

44

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

• (2) After section 46 insert—

(46A) (1) A building control authority may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the authority’s behalf, whose registration has effect in relation to work of that description. (2) Before each exercise of a restricted function in relation to any work, a building control authority must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description. (3) The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the authority. (4) In this section— - “restricted activity” means an activity that is prescribed for the purposes of this section; - “restricted function” means a function of a building control authority under—this Part,Part 3, orregulations made under this Part or Part 3,that is prescribed for the purposes of this section.

• (3) After section 54A (inserted by section 47) insert—

(54B) (1) This section applies to a registered building control approver who is not a registered building inspector. (2) The approver may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the approver’s behalf, whose registration has effect in relation to work of that description. (3) Before each exercise of a restricted function in relation to any work, the approver must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description. (4) The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the approver. (5) In this section— - “restricted activity” means an activity that is prescribed for the purposes of this section; - “restricted function” means a function of a registered building control approver under this Part, or regulations made under this Part, that is prescribed for the purposes of this section. (6) A registered building control approver who contravenes subsection (2) or (3) without reasonable excuse commits an offence. (7) An offence under this section is punishable on summary conviction by a fine.

Default powers of appropriate national authority

45

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

• (2) In section 116 (power to transfer local authority functions to appropriate national authority)—

• (a) in the heading for “Secretary of State” substitute “appropriate national authority”;

• (b) in subsection (1)—

• (i) for “Secretary of State” substitute “appropriate national authority”;

• (ii) for “he” substitute “it”;

• (c) in subsection (2)—

• (i) for “Secretary of State” substitute “appropriate national authority”;

• (ii) for the words from “make an order” to the end substitute “make a transfer order in respect of the body in default.”;

• (d) after subsection (2) insert—

(3) The Secretary of State must consult the regulator before making an order under subsection (1) or (2). (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.

• (3) In section 117 (expenses)—

• (a) in the heading for “Secretary of State” substitute “appropriate national authority”;

• (b) before subsection (1) insert—

(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.

;

• (c) in subsection (1)—

• (i) for the words before paragraph (a) substitute “The amount of any expenses certified by the appropriate national authority as having been incurred by the authority in discharging the transferred functions”;

• (ii) in paragraph (a) for “him” substitute “the authority”;

• (iii) in paragraph (b) for the words from “him” to the end substitute “the authority from the body as a debt due to the authority”;

• (d) in subsection (2) for “Secretary of State” substitute “appropriate national authority”.

• (4) In section 118 (variation or revocation of transfer order)—

• (a) in subsection (1)—

• (i) for “Secretary of State” substitute “appropriate national authority”;

• (ii) for “an order under section 116(2)” substitute “a transfer order under section 116”;

• (iii) for “he” substitute “it”;

• (b) after subsection (1) insert—

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

;

• (c) in subsection (2)—

• (i) for “Secretary of State” substitute “appropriate national authority”;

• (ii) for “him”, in the first place it occurs, substitute “it”;

• (iii) for the words from “by him” to the end substitute “, by the person to whom the revoked order transferred functions, in discharging those functions.”

Higher-risk building work: registered building control approvers

46

• (1) In section 47 of the Building Act 1984 (giving and acceptance of initial notice), in subsection (1)(a)—

• (a) after “prescribed form” insert “relating to work that is not higher-risk building work”;

• (b) after “carry out” insert “the”.

• (2) In section 51A of the Building Act 1984 (variation of work to which initial notice relates), for subsection (1) substitute—

(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.

• (3) After section 52 of the Building Act 1984 insert—

(52A) (1) If, at a time when an initial notice is in force, it appears to the registered building control approver that some or all of the work has become higher-risk building work, the registered building control approver must, as soon as is reasonably practicable, cancel the relevant part of the initial notice by notice in the prescribed form given to— (a) the local authority concerned, and (b) the person carrying out or intending to carry out the work. (2) If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work that some or all of the work has become higher-risk building work, the person must, as soon as is reasonably practicable, cancel the relevant part of the initial notice by notice in the prescribed form given to— (a) the local authority concerned, and (b) the registered building control approver. (3) Where a person is required to give a notice under subsection (1) or (2) in relation to higher-risk building work in England, the person must, as soon as is reasonably practicable, give a copy of that notice to the regulator. (4) If, at a time when an initial notice is in force, it appears to the local authority concerned that some or all of the work has become higher-risk building work, the authority must cancel the relevant part of the initial notice by notice in the prescribed form given to— (a) the registered building control approver, and (b) the person shown in the initial notice as the person intending to carry out the work. (5) Where a local authority is required to give a notice under subsection (4) in relation to higher-risk building work in England, the local authority must give a copy of that notice to the regulator. (6) A person commits an offence if they fail without reasonable excuse to— (a) give to a local authority a notice that the person is required to give by subsection (1) or (2); (b) give to the regulator a copy of a notice that the person is required to give by subsection (3). (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine. (8) Where a notice is given under any of subsections (1), (2) and (4) (a “cancellation notice”)— (a) the part of the initial notice to which the cancellation notice relates is cancelled with effect from the day on which the cancellation notice is given, and (b) a new initial notice may not be given in relation to any of the work to which the cancelled part of the initial notice related. (9) In this section “the relevant part of the initial notice” means so much of the initial notice as relates to work that has become higher-risk building work. (52B) (1) This section applies where an initial notice ceases to be in force, whether in whole or in part, by virtue of section 47(4)(b)(ia) (higher-risk building work). (2) If, before the day on which the relevant part of the initial notice ceased to be in force, a final certificate— (a) was given in respect of part of the work to which the relevant part of the initial notice relates, and (b) was accepted by the local authority, the fact that the relevant part of the initial notice has ceased to be in force does not affect the continuing operation of section 51(3) in relation to that part of the work. (3) The building control authority in relation to any of the uncertified work is— (a) in England, the regulator, and (b) in Wales, the relevant local authority (within the meaning of section 121A(2)). (4) In subsection (3), the “uncertified work” means any of the work— (a) to which the relevant part of the initial notice relates, and (b) in respect of which no final certificate has been accepted by the local authority as mentioned in subsection (2). (5) Sections 91(3) (duties of the regulator) and 121A(1) (meaning of “building control authority”) apply as if, in each case, the reference to section 91ZA or 91ZB were a reference to section 52B, 91ZA or 91ZB. (6) In any case where this section applies, the reference in subsection (4) of section 36 to the date of the completion of the work in question has effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the relevant part of the initial notice ceased to be in force. (7) In this section “the relevant part of the initial notice” means so much of the initial notice as was cancelled by a notice under section 52A (cancellation of initial notice when work becomes higher-risk building work).

• (4) In section 47 of the Building Act 1984 (giving and acceptance of initial notice), in subsection (4)(b)—

• (a) omit the “or” after sub-paragraph (i);

• (b) after sub-paragraph (i) insert—

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

.

• (5) In section 55 of the Building Act 1984 (appeals), after subsection (2) insert—