Office of Public Sector Information
C1Pt. I (ss. 1–46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2
C2Pt. I (ss. 1–46) modified (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 18(1)
C3Pt. I (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)
C4Pt. I (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7Pt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))
(1)The Secretary of State may, for any of the purposes of—
(a)securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings,
(b)furthering the conservation of fuel and power, and
(c)preventing waste, undue consumption, misuse or contamination of water,
make regulations with respect to the design and construction of buildings and the provision of services, fittings and equipment in or in connection with buildings.
(2)Regulations made under subsection (1) above are known as building regulations.
(3)Schedule 1 to this Act has effect with respect to the matters as to which building regulations may provide.
(4)The power to make building regulations is exercisable by statutory instrument, which is subject to annulment in pursuance of a resolution of either House of Parliament.
(1)Building regulations may impose on owners and occupiers of buildings to which building regulations are applicable such continuing requirements as the Secretary of State considers appropriate for securing, with respect to any provision of building regulations designated in the regulations as a provision to which those requirements relate, that the purposes of that provision are not frustrated; but a continuing requirement imposed by virtue of this subsection does not apply in relation to a building unless a provision of building regulations so designated as one to which the requirement relates applies to that building.
(2)Building regulations may impose on owners and occupiers of buildings of a prescribed class (whenever erected, and whether or not any building regulations were applicable to them at the time of their erection) continuing requirements with respect to all or any of the following matters—
(a)the conditions subject to which any services, fittings or equipment provided in or in connection with a building of that class may be used,
(b)the inspection and maintenance of any services, fittings or equipment so provided,
(c)the making of reports to a prescribed authority on the condition of any services, fittings or equipment so provided,
and so much of paragraph 8 of Schedule 1 to this Act as restricts the application of building regulations does not apply to regulations made by virtue of this subsection.
(3)If a person contravenes a continuing requirement imposed by virtue of this section, the local authority, without prejudice to their right to take proceedings for a fine in respect of the contravention, may—
(a)execute any work or take any other action required to remedy the contravention, and
(b)recover from that person the expenses reasonably incurred by them in so doing.
(4)Where a local authority have power under subsection (3) above to execute any work or take any other action, they may, instead of exercising that power, by notice require the owner or the occupier of the building to which the contravention referred to in that subsection relates to execute that work or take that action.
(5)Sections 99 and 102 below apply in relation to a notice given under subsection (4) above, subject to the modification that references in those sections to the execution of works are references to the execution of works or the taking of other action, and references to works shall be construed accordingly.
(6)Sections 8, 9, 10 and 39 below have effect in relation to continuing requirements imposed by virtue of this section subject to the modification that a direction under the said sections 8 and 9 below shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction.
(1)Building regulations may exempt a prescribed class of buildings, services, fittings or equipment from all or any of the provisions of building regulations.
(2)The Secretary of State may by direction exempt from all or any of the provisions of building regulations—
(a)a particular building, or
(b)buildings of a particular class at a particular location,
either unconditionally or subject to compliance with any conditions specified in the direction.
(3)A person who contravenes a condition specified in a direction given under subsection (2) above, or permits such a condition to be contravened, is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and to a further fine not exceeding £50 for each day on which the offence continues after he is convicted.
(1)Nothing in this Part of this Act with respect to building regulations, and nothing in any building regulations, applies in relation to—
(a)a building required for the purposes of a school or other educational establishment erected or to be erected according to
[F1(i)plans that have been approved by the Secretary of State,
(ii)particulars submitted and approved F2. . . under regulations made under section 544 of that Act or section 218(7) of the Education Reform Act 1988,
F3(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(b)a building belonging to statutory undertakers, the United Kingdom Atomic Energy Authority . . . F5 or the Civil Aviation Authority and held or used by them for the purposes of their undertaking, unless it is—
(i)a house, . . . F6 or
(ii)a building used as offices or showrooms, and not forming part of a railway station or in the case of . . . F7 the Civil Aviation Authority not being on an aerodrome owned by the Authority . . . F7.
[F8or
(c)a building belonging to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) and held or used by the person for the purpose of carrying out activities authorised by the licence, unless it is—
(i)a house, or
(ii)a building used as offices or showrooms.]
(2)The words “the United Kingdom Atomic Energy Authority,” in subsection (1)(b) above (together with paragraph 4 of Schedule 6 to this Act) cease to have effect upon the coming into force of the repeal of section 5(5) of the M1Atomic Energy Authority Act 1954 contained in Schedule 7 to this Act.
F1S.4(1)(a)(i)-(iv) substituted (1.11.1996) by 1996 c. 56, s. 582(1), Sch. 37 Pt. 1 para. 59 (with s. 1(4), Sch. 39 paras. 30, 39)
F2Words in s. 4(1)(a)(ii) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with art. 17)
F3S. 4(1)(a)(iii) repealed (1.9.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with art. 17)
F4S. 4(1)(a)(iv) repealed (1.4.1999) by 1998 c. 31, s. 140(3), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1
F5Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I
F6Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I
F7Words repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I
F8S. 4(1)(c) and word “or” immediately preceding it inserted (21.12.2001) by S.I. 2001/4050, art. 2, Sch. Pt. II para. 7(a)
C1S. 4 excluded by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(2), Sch. 7 Pt. VI para. 2
C2S. 4(1)(b) applied with modifications by Airports Act 1986 (c. 31, SIF 9), s. 58, Sch. 2 para. 6(a)
M11954 c. 32.
(1)Building regulations may exempt—
(a)a local authority,
(b)a county council, or
(c)any other body that acts under an enactment for public purposes and not for its own profit and is prescribed for the purposes of this section,
from compliance with any requirements of those regulations that are not substantive requirements.
(2)A local authority, county council or other body that is exempted as mentioned in subsection (1) above is in subsection (3) below referred to as an “exempt body”.
(3)Without prejudice to the obligation of an exempt body to comply with substantive requirements of building regulations, the function of enforcing building regulations that is conferred on local authorities by section 91(2) below is not exercisable in relation to work carried out by an exempt body, and accordingly—
(a)nothing in section 36(1) to (5) below applies in relation to work so carried out, and
(b)a local authority may not institute proceedings under section 35 below for a contravention of building regulations by an exempt body.
(4)In subsection (3) above, the reference to the carrying out of work includes a reference to the making of a material change of use as defined by and for the purposes of building regulations.
(1)For the purpose of providing practical guidance with respect to the requirements of any provision of building regulations, the Secretary of State or a body designated by him for the purposes of this section may—
(a)approve and issue any document (whether or not prepared by him or by the body concerned), or
(b)approve any document issued or proposed to be issued otherwise than by him or by the body concerned,
if in the opinion of the Secretary of State or, as the case may be, the body concerned the document is suitable for that purpose.
(2)References in this section and section 7 below to a document include references to a part of a document; and accordingly, in relation to a document of which part only is approved, a reference in the following provisions of this section or in section 7 below to the approved document is a reference only to the part of it that is approved.
(3)An approval given under subsection (1) above takes effect in accordance with a notice that is issued by the Secretary of State or, as the case may be, the body giving the approval and that—
(a)identifies the approved document in question,
(b)states the date on which the approval of it is to take effect, and
(c)specifies the provisions of building regulations for the purposes of which the document is approved.
(4)The Secretary of State or, as the case may be, the body that gave the approval may—
(a)from time to time approve and issue a revision of the whole or any part of an approved document issued by him or it for the purposes of this section, and
(b)approve any revision or proposed revision of the whole or any part of an approved document,
and subsection (3) above, with the necessary modifications, applies in relation to an approval that is given under this subsection to a revision as it applies in relation to an approval that is given under subsection (1) above to a document.
(5)The Secretary of State or, as the case may be, the body that gave the approval may withdraw his or its approval of a document under this section; and such a withdrawal of approval takes effect in accordance with a notice that is issued by the Secretary of State or body concerned and that—
(a)identifies the approved document in question, and
(b)states the date on which the approval of it is to cease to have effect.
(6)References in subsections (4) and (5) above and in section 7 below to an approved document are references to that document as it has effect for the time being, regard being had to any revision of the whole or any part of it that has been approved under subsection (4) above.
(7)Where a body ceases to be a body designated by the Secretary of State for the purposes of this section, subsections (4) and (5) above have effect as if any approval given by that body had been given by the Secretary of State.
(8)The power to designate a body for the purposes of this section is exercisable by order made by statutory instrument, which is subject to annulment in pursuance of a resolution of either House of Parliament.
(1)A failure on the part of a person to comply with an approved document does not of itself render him liable to any civil or criminal proceedings; but if, in any proceedings whether civil or criminal, it is alleged that a person has at any time contravened a provision of building regulations—
(a)a failure to comply with a document that at that time was approved for the purposes of that provision may be relied upon as tending to establish liability, and
(b)proof of compliance with such a document may be relied on as tending to negative liability.
(2)In any proceedings, whether civil or criminal—
(a)a document purporting to be a notice issued as mentioned in section 6(3) above shall be taken to be such a notice unless the contrary is proved, and
(b)a document that appears to the court to be the approved document to which such a notice refers shall be taken to be that approved document unless the contrary is proved.
(1)Subject to this section, the Secretary of State, if on an application for a direction under this section he considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, may after consultation with the local authority, give a direction dispensing with or relaxing that requirement.
(2)If building regulations so provide as regards a requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) above is exercisable by the local authority (instead of by the Secretary of State after consultation with the local authority).
(3)Building regulations made by virtue of subsection (2) above may except applications of any description.
(4)If—
(a)building regulations so provide as regards any requirement contained in the regulations, and
(b)a public body considers that the operation of any such requirement would be unreasonable in relation to any particular work carried out or proposed to be carried out by or on behalf of the public body,
the public body may give a direction dispensing with or relaxing that requirement.
(5)In subsection (4) above, “public body” means—
(a)a location authority.
(b)a county council, or
(c)any other body that is prescribed for the purposes of section 5 above.
(6)Building regulations may provide as regards a requirement contained in the regulations that subsections (1) to (5) above do not apply.
C1S. 8(1) modified (1.6.1992) by S.I. 1991/2768, reg. 10(1).S. 8(1) modified (1.1.2001) by S.I. 2000/2531, reg. 11(1)
(1)An application under section 8(1) or (2) above shall be in such form and shall contain such particulars as may be prescribed.
(2)The application shall be made to the local authority, and, except where the power of giving the direction is exercisable by the local authority, the local authority shall at once transmit the application to the Secretary of State and give notice to the applicant that it has been so transmitted.
(3)An application by a local authority in connection with a building or proposed building in the area of that authority shall be made to the Secretary of State, except where the power of giving the direction is exercisable by that authority.
(4)Schedule 2 to this Act has effect as regards as application for a direction that will affect the application of building regulations to work that has been carried out before the making of the application.
(1)Not less than 21 days before giving a direction under section 8(1), (2) or (4) above in respect of any particular work, the Secretary of State, the local authority or the public body, as the case may be shall publish in a local newspaper circulating in the area where the site of the work is situated a notice—
(a)indicating the situation and nature of the work and the requirement to be dispensed with or relaxed, and
(b)stating that representations with regard to the effect that the direction may have on public health or safety may be made by a date specified in the notice, being a date not less than 21 days from the date of the notice.
and, where the direction is proposed to be made on an application, the Secretary of State or the local authority may, as a condition of entertaining the application, require the applicant to pay or undertake to pay the cost of publication.
(2)No notice need be published under the subsection (1) above where in appears to the Secretary of State, the local authority or the public body, as the case may be, that any effect that the direction may have on public health or safety will be limited to premises adjoining the site of the work, but in that case he, they or it shall give such a notice to the owner and occupier of those premises.
(3)No notice need be published or given under subsection (1) or (2) above where the work affects only an internal part of a building.
(4)The Secretary of State may, instead of himself publishing or giving a notice under subsection (1) or (2) above, require the local authority to give or publish the notice.
(5)Before giving the direction, the Secretary of State, the local authority or the public body shall consider any representation duly made in pursuance of a notice published or given under subsection (1) or (2) above.
(6)If, after a local authority have received representations under this section, they refuse the application to which the representations relate and an appeal is brought against their refusal the local authority shall transmit to the Secretary of State copies of those representations.
(1)If the Secretary of State considers that the operation of a requirement of building regulations would be unreasonable in relation to a particular type of building matter, he may, either on an application made to him or of his own accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either—
(a)unconditionally, or
(b)subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation.
(2)A direction under subsection (1) above—
(a)if it so provides, ceases to have effect at the end of such period as may be specified in the direction,
(b)may be varied or revoked by a subsequent direction of the Secretary of State.
(3)Building regulations may require a person making an application under subsection (1) above to pay the Secretary of State the prescribed fee, and—
(a)without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and
(b)the Secretary of State may in a particular case remit the whole or part of a fee payable by virtue of this subsection.
(4)Before giving a direction under subsection (1) above, the Secretary of State shall consult such bodies as appear to him to be representative of the interests concerned.
(5)Where the Secretary of State gives a direction under subsection (1) above, he shall publish notice of that fact in such manner as he thinks fit.
(6)A person who contravenes a condition specified in a direction given under subsection (1) above, or permits such a condition to be contravened, is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50 for each day on which the offence continues after he is convicted.
(7)If at any time a direction under subsection (1) above dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of subsection (2)(a) above, or is varied or revoked under subsection (2)(b) above, that fact does not affect the continued operation of the direction (with any conditions specified in it) in a case in which before that time—
(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority or
(b)a building notice was served . . . F1 in pursuance of section 83 of the M1London Building Acts (Amendment) Act 1939.
(8)In this section, “building matter” means any building or other matter whatsoever to which building regulations are in any circumstances applicable.
F1Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
M11939 c. xcvii.
(1)This section has effect with a view to enabling the Secretary of State, either on an application made to him or of his own accord, to approve a particular type of building matter as complying, either generally or in a class of case, with particular requirements of building regulations.
(2)An application for the approval under subsection (1) above of a type of building matter shall comply with any requirements of building regulations as to the form of such applications and the particulars to be included in them.
(3)Where under subsection (1) above the Secretary of State approves a type of building matter as complying with particular requirements of building regulations either generally or in a class of case, he may issue a certificate to that effect specifying—
(a)the type of building matter to which the certificate relates,
(b)the requirements of building regulations to which the certificate relates, and
(c)where applicable, the class or classes of case to which the certificate applies.
(4)A certificate under subsection (3) above, if it so provides, ceases to have effect at the end of such period as may be specified in the certificate.
(5)If, while a certificate under subsection (3) above is in force, it is found, in a particular case involving building matter of the type to which the certificate relates, that—
(a)the building matter in question is of that type, and
(b)the case is one to which the certificate applies,
that building matter shall in that particular case be deemed to comply with the requirements of building regulations to which the certificate relates.
(6)The Secretary of State may vary a certificate under subsection (3) above, either on an application made to him or of his own accord; but, in the case of a certificate issued on an application made by a person under subsection (1) above, the Secretary of State, except where he varies it on the application of that person, shall before varying it give that person reasonable notice that he proposes to do so.
(7)Building regulations may require a person making an application under subsection (1) or (6) above to pay the Secretary of State the prescribed fee, and—
(a)without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and
(b)the Secretary of State may in a particular case remit the whole or part of a fee payable by virtue of this subsection.
(8)The Secretary of State may revoke a certificate issued under subsection (3) above, but, before doing so in the case of a certificate issued on an application under subsection (1) above, he shall give the person on whose application the certificate was issued reasonable notice that he proposes to do so.
(9)Where the Secretary of State issues a certificate under subsection (3) above or varies or revokes a certificate so issued, he shall publish notice of that fact in such manner as he thinks fit.
(10)If at any time a certificate under subsection (3) above ceases to have effect by virtue of subsection (4) above, or is varied or revoked under subsection (6) or (8) above, that fact does not affect the continued operation of subsection (5) above by virtue of that certificate in a case in which before that time—
(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority, or
(b)a building notice was served . . . F1 in pursuance of section 83 of the M1London Building Acts (Amendment) Act 1939.
(11)For the purposes of subsection (3) above, or of any variation of a certificate under subsection (6) above, a class of case may be framed in any way that the Secretary of State thinks fit.
(12)In this section, “building matter” has the same meaning as in section 11 above.
F1Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
M11939 c. xcvii.
(1)The Secretary of State may be building regulations delegate to a person or body, to such extent and subject to such conditions as the Secretary of State may think fit, the powers of approval conferred on him by section 12 above.
(2)So far as those powers are for the time being so delegated to a person or body, section 12 above, except subsection (7) as far as the end of paragraph (a), and any building regulations made by virtue of subsection (7) shall (subject to any prescribed conditions) have effect in relation to that person or body with the substitution of references to that person or body for references to the Secretary of State.
(1)The Secretary of State for the time being charged with the exercise of the power to make building regulations and the Secretary of State for Wales acting jointly shall appoint a committee, to be known as the Building Regulations Advisory Committee, for the purpose of advising the Secretary of State on the exercise of his power to make building regulations, and on other subjects connected with building regulations.
(2)The Secretary of State may pay such expenses incurred by members of the Building Regulations Advisory Committee as he may, with the approval of the Treasury, determine.
(3)Before making any building regulations containing substantive requirements, the Secretary of State shall consult the Building Regulations Advisory Committee and such other bodies as appear to him to be representative of the interests concerned.
[ F1(4)Before making any building regulations containing provision of the kind authorised by paragraph 11(1)(c) of Schedule 1 to this Act, the Secretary of State shall consult—
(a)the Building Regulations Advisory Committee,
(b)such persons or bodies as appear to him to be representative of local authorities, and
(c)such other bodies as appear to him to be representative of the interests concerned.]
(1)Where, in the case of a requirement as to—
(a)structural fire precautions,
(b)the provision of means of escape from buildings in case of fire, or
(c)the provision of means for securing that such means of escape can be safely and effectively used at all material times,
contained in building regulations, the power to dispense with or relax that requirement conferred by section 8(1) above is by virtue of section 8(2) above exercisable by a local authority, or a public body proposes to exercise the power conferred on it by section 8(4) above, the local authority or public body, if they are not the fire authority, shall before exercising the power in relation to any premises or proposed premises consult the fire authority.
(2)In subsection (1) above, “public body” has the meaning given by section 8(5) above.
Building Act 1984