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SCHEDULE 2 Relaxation of Building Regulations for Existing Work

Application of schedule

1This Schedule applies to a direction under section 8 of this Act that will affect the application of building regulations to work that has been carried out before the giving of the direction.

Cases where no direction may be given

2Neither the Secretary of State nor a local authority shall give a direction to which this Schedule applies—

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

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

Suspension of certain provisions while application pending

3(1)Subject to the following provisions of this Schedule, after the making of an application for a direction to which this Schedule applies, and until the application is withdrawn or finally disposed of, no section 36 notice shall be given as regards the work to which the application relates on the ground that it contravenes the requirement to which the application relates.

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of a notice as regards that work at any time within a period of 3 months from the date on which the application is withdrawn or finally disposed of.

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to the period there mentioned there were substituted a reference to a period expiring 28 days after the application is withdrawn or finally disposed of, or such longer period as a magistrates’ court may allow.

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

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

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

Saving for criminal liability incurred before making of application

5The giving of a direction to which this Schedule applies does not affect the liability of a person for an offence committed before the giving of the direction, except so far as that liability depends on the continuation of the offence after the giving of the direction.

Termination of proceedings under section 36 on giving of direction

6If, before the giving of a direction to which this Schedule applies, a section 36 notice has been given, and the contravention of building regulations by virtue of which the notice was given comes to an end when the direction is given, the local authority is not, after the giving of the direction, entitled to proceed under section 36(3) of this Act by virtue of that notice.

Sections 46, 88 and 91(2).

SCHEDULE 3 Inner London

Part I Application of Part I of this Act

Application to inner London

1Sections . . . F1, . . . F2 24(1), (2) and (4), 25 . . . F2 of this Act do not apply to inner London.

Application of provisions by building regulations

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

(a)enforcing, or

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

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

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

Repeal and modification of Acts

3Without prejudice to the generality of paragraph 11(1) of Schedule 1 to this Act, building regulations may repeal or modify—

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

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

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

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

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

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

(i)in consequence of the application of any of sections 61, 62 and 67 of the M1Public Health Act 1936, sections 4(2), (5), (6) and (7), 5 and 9 of the M2Public Health Act 1961 and sections 61 to 74 and 76 of the M3Health and Safety at Work etc. Act 1974 to inner London by virtue of section 70(1) of the said Act of 1974 (which section is repealed by and incorporated in this Act),

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

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

Consultation

4Before making any building regulations that provide for the repeal or modification of any such provision the Secretary of State shall (without prejudice to the requirements as to consultation in section 14(3) of this Act) consult [F1any local authority] who appear to him to be concerned.

Part II Application of Part III of this Act

Application to inner London

5Sections 71 [F1, 72(1) to (4), (6) and (7), 73]to 75, 77 to 83, 85 and 90 of this Act do not apply to inner London.

Application to Temples

6Sections 59 to 61 of this Act do not apply to the Inner Temple or the Middle Temple.

Part III Building and Drainage of Buildings

Drainage of new building

7-9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Part IV Byelaws

Byelaws about demolition

10(1)[F1The council of an inner London borough may make byelaws in relation to the demolition of buildings in the borough]—

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

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

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

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

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

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

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

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

11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Restriction of application of Part IV of Act

13Part IV of this Act does not apply in relation to this Part of this Schedule, . . . F1

Part V Enforcement of Building Regulations

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1