Office of Public Sector Information
PART I continued
(4)Until a certificate is granted under subsection (3) above, the owner shall not occupy the house or permit it to be occupied.
(5)A person aggrieved by the refusal of the authority to grant such a certificate may apply to a magistrates’ court for an order authorising the occupation of the house, and, if the court is of opinion that a certificate ought to have been granted, the court may make an order authorising the occupation of the house, and such an order shall have the like effect as a certificate of the local authority.
(6)A person who contravenes subsection (4) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted.
[F2(7)[F3Section 67 of the Water Industry Act 1991] (standards of wholesomeness of water) and any regulations made under that section shall apply for the purposes of subsection (1) above as they apply for the purposes of [F4Chapter III of Part III] of that Act.]
F1Word repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F2S. 25(7) inserted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 70(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
F3Words in s. 25(7) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 39(3)(a)
F4Words in s. 25(7) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 39(3)(b).
(1)Where plans of any proposed work have been passed under section 16 above by a local authority, the person by or on whose behalf the plans were in accordance with building regulations deposited with the authority may, and in such cases as may be prescribed shall, for the purpose of obtaining the approval of the authority to any proposed departure or deviation from the plans as passed, deposit plans of the departure or deviation.
(2)Section 16 above applies in relation to plans deposited under subsection (1) above as it applies in relation to the plans originally deposited.
(1)Where plans of any proposed work have, in accordance with building regulations, been deposited with a local authority, and—
(a)the plans have been passed by the authority, or
(b)notice of rejection of the plans has not been given within the relevant period from their deposit,
and the work to which the plans relate has not been commenced within three years from the deposit of the plans, the local authority may, at any time before the work is commenced, by notice to the person by whom or on whose behalf the plans were deposited, or other the owner for the time being of the land to which the plans relate, declare that the deposit of the plans is of no effect.
(2)Where a notice has been given under subsection (1) above, this Act and the building regulations shall, as respects the proposed work, have effect as if no plans had been deposited.
(1)The following subsection has effect for the purpose of enabling a local authority to ascertain, as regards any work or proposed work to which building regulations for the enforcement of which they are responsible are applicable, whether any provision of building regulations is or would be contravened by, or by anything done or proposed to be done in connected with, that work.
(2)The local authority have power for that purpose—
(a)to require a person by whom or on whose behalf the work was, is being or is proposed to be done to carry out such reasonable tests of or in connection with the work as may be specified in the requirement, or
(b)themselves to carry out any reasonable tests of or in connection with the work, and to take any samples necessary to enable them to carry out such a test.
(3)Without prejudice to the generality of subsection (2) above, the matters with respect to which tests may be required or carried out under that subsection include—
(a)tests of the soil or subsoil of the site of a building,
(b)tests of any material, component or combination of components that has been, is being or is proposed to be used in the construction of a building, and tests of any service, fitting or equipment that has been, is being or is proposed to be provided in or in connection with a building.
(4)A local authority have power, for the purpose of ascertaining whether there is or has been, in the case of a building, a contravention of a continuing requirement that applies in relation to that building—
(a)to require the owner or occupier of the building to carry out such reasonable tests as may be specified in the requirement under this paragraph, or
(b)themselves to carry out any tests that they have power to require under paragraph (a) above, and to take any samples necessary to enable them to carry out such a test;
and in this subsection “continuing requirement” means a continuing requirement imposed by building regulations made by virtue of section 2(1) or (2) above.
(5)The expense of carrying out any tests that a person is required to carry out under this section shall be met by that person, except that the local authority, on an application made to them, may, if they think it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the local authority.
(6)Any question arising under this section between a local authority and a person as to the reasonableness of—
(a)a test specified in a requirement imposed on him by the authority under this section,
(b)a refusal by the authority to give a direction under subsection (5) above on an application made by him, or
(c)a direction under that subsection given on such an application,
may on the application of that person be determined by a magistrates’ court; and in a case falling within paragraph (b) or (c) above the court may order the expense to which the application relates to be met by the local authority to such extent as the court thinks just.
For the purposes of building regulations and of a direction given or instrument made with reference to building regulations, buildings may be classified by reference to size, description, design, purpose, location or any other characteristic whatsoever.
If a person contravenes any provision contained in building regulations, other than a provision designated in the regulations as one to which this section does not apply, he 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 default continues after he is convicted.
(1)If any work to which building regulations are applicable contravenes any of those regulations, the local authority, without prejudice to their right to take proceedings for a fine in respect of the contravention, may by notice require the owner—
(a)to pull down or remove the work, or
(b)if he so elects, to effect such alterations in it as may be necessary to make it comply with the regulations.
(2)If, in a case where the local authority are, by any section of this Part of this Act other than section 16, expressly required or authorised to reject plans, any work to which building regulations are applicable is executed—
(a)without plans having been deposited,
(b)notwithstanding the rejection of the plans, or
(c)otherwise than in accordance with any requirements subject to which the authority passed the plans,
the authority may by notice to the owner—
(i)require him to pull down or remove the work, or
(ii)require him either to pull down or remove the work or, if he so elects, to comply with any other requirements specifed in the notice, being requirements that they might have made under the section in question as a condition of passing plans.
(3)If a person to whom a notice has been given under subsection (1) or (2) above fails to comply with the notice before the expiration of 28 days, or such longer period as a magistrates’ court may on his application allow, the local authority may—
(a)pull down or remove the work in question, or
(b)effect such alterations in it as they deem necessary,
and may recover from him the expenses reasonably incurred by them in doing so.
(4)A notice under subsection (1) or (2) above (called a “section 36 notice”) shall not be given after the expiration of 12 months from the date of the completion of the work in question.
(5)A section 36 notice shall not be given, in a case where plans were deposited and the work was shown on them, on the ground that the work contravenes any building regulations or, as the case may be, does not comply with the authority’s requirements under any section of this Act other than section 16, if—
(a)the plans were passed by the authority, or
(b)notice of their rejection was not given within the relevant period from their deposit,
and if the work has been executed in accordance with the plans and of any requirement made by the local authority as a condition of passing the plans.
(6)This section does not affect the right of a local authority, the Attorney General or any other person to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any regulation or any provision of this Act; but if—
(a)the work is one in respect of which plans were deposited,
(b)the plans were passed by the local authority, or notice of their rejection was not given within the relevant period from their deposit, and
(c)the work has been executed in accordance with the plans,
the court on granting an injunction has power to order the local authority to pay to the owner of the work such compensation as the court thinks just, but before making any such order the court shall in accordance with rules of court cause the local authority, if not a party to the proceedings, to be joined as a party to them.
C1S. 36(2)–(6) amended by Midland Metro Act 1989 (c. xv), s. 45(10)s. 36(2)-(6) extended (27.7.1993) by 1993 c. xv, s. 55(10).S. 36(2)-(6) applied with modifications (21.7.1994) by 1994 c. XV, s. 58(10)
(1)In a case where—
(a)a person to whom a section 36 notice has been given gives to the local authority by whom the notice was given notice of his intention to obtain from a suitably qualified person a written report concerning work to which the section 36 notice relates, and
(b)such a report is obtained and submitted to the local authority and, as a result of their consideration of it, the local authority withdraw the section 36 notice,
the local authority may pay to the person to whom the section 36 notice was given such amount as appears to them to represent the expenses reasonably incurred by him in consequence of their having given him that notice including, in particular, his expenses in obtaining the report.
(2)Subject to subsection (3) below, if a person to whom a section 36 notice has been given gives notice under subsection (1)(a) above, then, so far as regards the matters to which the section 36 notice relates, the reference to 28 days in section 36(3) above shall be construed as a reference to 70 days.
(3)Notice under subsection (1)(a) above shall be given before the expiry of the period of 28 days referred to in section 36(3) above, or, as the case may be, within such longer period as a court allows under section 36(3); and, where such a longer period has been so allowed before notice is given under subsection (1)(a) above, subsection (2) above does not apply.
(1)Subject to this section—
(a)breach of a duty imposed by building regulations, so far as it causes damage, is actionable, except in so far as the regulations provide otherwise, and
(b)as regards such a duty, building regulations may provide for a prescribed defence to be available in an action for breach of that duty brought by virtue of this subsection.
(2)Subsection (1) above, and any defence provided for in regulations made by virtue of it, do not apply in the case of a breach of such a duty in connection with a building erected before the date on which that subsection comes into force unless the regulations imposing the duty apply to or in connection with the building by virtue of section 2(2) above or paragraph 8 of Schedule 1 to this Act.
(3)This section does not affect the extent (if any) to which breach of—
(a)a duty imposed by or arising in connection with this Part of this Act or any other enactment relating to building regulations, or
(b)a duty imposed by building regulations in a case to which subsection (1) above does not apply,
is actionable, or prejudice a right of action that exists apart from the enactments relating to building regulations.
(4)In this section, “damage” includes the death of, or injury to, any person (including any disease and any impairment of a person’s physical or mental condition).
(1)If a local authority refuse an application to dispense with or relax a requirement in building regulations that they have power to dispense with or relax, the applicant may by notice in writing appeal to the Secretary of State within one month from the date on which the local authority notify the applicant of their refusal.
(2)If, within—
(a)a period of two months beginning with the date of an application, or
(b)such extended period as may at any time be agreed in writing between the applicant and the local authority,
the local authority do not notify the applicant of their decision on the application, subsection (1) above applies in relation to the application as if the local authority had refused the application and notified the applicant of their decision at the end of the said period.
(3)The notice of appeal shall set out the grounds of appeal, and a copy of the notice of appeal shall be sent to the local authority.
(4)The local authority, on receiving a copy of the notice of appeal, shall at once transmit to the Secretary of State a copy of the application and a copy of all the documents furnished by the applicant for the purposes of his application.
(5)The local authority shall at the same time give to the Secretary of State in writing any representations that they desire to make as regards the appeal, and shall send a copy to the appellant.
(6)If the Secretary of State allows the appeal, he shall give such directions for dispensing with or relaxing building regulations as may be appropriate.
(1)A person aggrieved by the giving of a section 36 notice may appeal to a magistrates’ court acting for the petty sessions area in which is situated land on which there has been carried out any work to which the notice relates.
(2)Subject to subsection (3) below, on an appeal under this section the court shall—
(a)if it determines that the local authority were entitled to give the notice, confirm the notice, and
(b)in any other case, give the local authority a direction to withdraw the notice.
(3)If, in a case where the appeal is against a notice under section 36(2)
above, the court is satisfied that—
(a)the local authority were entitled to give the notice, but
(b)in all the circumstances of the case the purpose for which was enacted the section of this Act by virtue of which the notice was given has been substantially achieved,
the court may give a direction under subsection (2)(b) above.
(4)An appeal under this section shall be brought—
(a)within 28 days of the giving of the section 36 notice, or
(b)in a case where the person to whom the section 36 notice was given gives notice under section 37(1)(a) above, within 70 days of the giving of the section 36 notice.
(5)Where an appeal is brought under this section—
(a)the section 36 notice is of no effect pending the final determination or withdrawal of the appeal, and
(b)section 36(3) above has effect in relation to that notice as if after the words “28 days” there were inserted the words “(beginning, in a case where an appeal is brought under section 40 below, on the date when the appeal is finally determined or, as the case may be, withdrawn)”.
(6)If, on an appeal under this section, there is produced to the court a report that has been submitted to the local authority under section 37(1) above, the court, in making an order as to costs, may treat the expenses incurred in obtaining the report as expenses incurred for the purposes of the appeal.
(1)Where a person—
(a)is aggrieved by an order, determination or other decision of a magistrates’ court under this Part of this Act, or under Part IV of this Act as it applies in relation to this Part, and
(b)is not by any other enactment authorised to appeal to the Crown Court.
he may appeal to the Crown Court.
(2)Subsection (1) above does not confer a right of appeal in a case in which each of the parties concerned might under this Act have required that the dispute should be determined by arbitration instead of by a magistrates’ court.
(1)Where the Secretary of State gives a decision in proceedings—
(a)on an appeal under section 20 or 39 above,
(b)on a reference under section 16 above or 50 below, or
(c)on an application for a direction under section 8 above where the power of giving the direction is not exercisable by the local authority,
the relevant person or the local authority or, as the case may be, the approved inspector may appeal to the High Court against the decision on a point of law.
(2)In subsection (1) above, “the relevant person” means—
(a)as regards an appeal under the said section 20 or 39, the appellant,
(b)as regards a reference under the said section 16 or 50, the person on whose application the reference was made,
(c)as regards such an application as is mentioned in subsection (1)(c) above, the applicant.
(3)At any stage of the proceedings on such an appeal, reference or application as is metioned in subsection (1) above—
(a)the Secretary of State may state a question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court, and
(b)a decision of the High Court on a case so stated is deemed to be a judgment of the court within the meaning of section 16 of the M1Supreme Court Act 1981 (appeals from the High Court to the Court of Appeal).
(4)In relation to proceedings in the High Court or the Court of Appeal brought by virtue of this section, the power to make rules of court includes power to make rules—
(a)prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State, and
(b)providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.
(5)No appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.
(6)In this section, “decision” includes a direction, and references to the giving of a decision shall be construed accordingly.
(7)Until such day as the Secretary of State may by order appoint, subsections (1) and (2) above have effect as if—
(a)in subsection (1)(b), for “section 16 above or 50 below” there were substituted “section 30 above”,
(b)in subsection (1), the words “or, as the case may be, the approved inspector” were omitted, and
(c)in subsection (2)(b), for “section 16 or 50” there were substituted “section 30” and the words “(jointly with the local authority)” were inserted after
“application”.
(1)On an appeal to the Secretary of State under section 20 or 39 above, the Secretary of State may at his discretion afford to the appellant and the local authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(2)On determining such an appeal, the Secretary of State shall give such directions, if any, as he considers appropriate for giving effect to his determination.
(3)Without prejudice to paragraph 10(c) of Schedule 1 to this Act, building regulations may, in connection with such an appeal, include such supplementary provisions with respect to procedure as the Secretary of State thinks fit.
(1)Except in so far as buildings regulations provide otherwise, the substantive requirements of building regulations—
(a)apply in relation to work carried out or proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) as they would apply if the person by or on behalf of whom the work was or is to be carried out were not a Crown authority, and
(b)so far as they consist of continuing requirements, apply to Crown authorities (whether or not in relation to Crown buildings) as they apply to persons who are not Crown authorities.
(2)In so far as building regulations so provide as regards any of the substantive requirements of building regulations, those requirements—
(a)apply in relation to work carried out or proposed to be carried out as mentioned in subsection (1)(a) above in inner London, and
(b)so far as they consist of continuing requirements, apply to Crown authorities there as mentioned in subsection (1)(b) above,
even if those requirements do not apply there in the case of work carried out or proposed to be carried out otherwise than by or on behalf of a Crown authority or, in the case of continuing requirements, do not apply there to persons other than Crown authorities.
(3)Except in so far as building regulations provide otherwise, building regulations and the enactments relating to building regulations—
(a)apply in relation to work carried out or proposed to be carried out in relation to a Crown building otherwise than by or on behalf of a Crown authority, and, in the case of section 2 above and building regulations made by virtue of it, apply in relation to a Crown building to persons other than Crown authorities, as they would apply if the building were not a Crown building, and
(b)apply in relation to work carried out or proposed to be carried out by or on behalf of a government department acting for a person other than a Crown authority as they would apply if the work had been or were to be carried out by that person.
(4)Section 38 above and any building regulations made by virtue of subsection (1) of that section apply in relation to duties imposed by building regulations in their application in accordance with subsections (1) to (3) above.
(5)Where—
(a)work is carried out or proposed to be carried out by or on behalf of a Crown authority, or
(b)a Crown authority is or (apart from any dispensation or relaxation) will be subject to continuing requirements,
that authority may exercise the like powers of dispensing with or relaxing the substantive requirements of building regulations or, as the case may be, the continuing requirements in question as are conferred on the Secretary of State and local authorities by virtue of section 8 above (other than a power that by virtue of paragraph 6 of Schedule 1 to this Act is exercisable otherwise than by a local authority), subject to—
(i)the like requirements as to consultation (if any) as apply by virtue of paragraph 3 of Schedule 1 to this Act in the case of a local authority (but not the requirements of the said section 8 as to consultation with the local authority), and
(ii)the like requirements as in the case of the Secretary of State apply by virtue of section 10 above,
and no application is necessary for the exercise of any such powers by virtue of this subsection.
(6)In relation to continuing requirements, references in subsection (5) above to section 8 above are references to it as modified by section 2(6) above.
(7)For the purposes of subsection (5) above, work carried out or proposed to be carried out by or on behalf of a government department acting for another Crown authority shall be treated as carried out or proposed to be carried out by or on behalf of that department (and not by or on behalf of the other Crown authority).
(8)In this section—
“continuing requirement” means a continuing requirement of building regulations imposed by virtue of section 2(1) or (2)(a) or (b) above;
“Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the crown (not being a person or body whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;
“Crown building” means a building in which there is a Crown interest or a Duchy interst;
“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;
“Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.
(9)If any question arises under this section as to which Crown authority is entitled to exercise any such powers as are mentioned in subsection (5) above, that question shall be referred to the Treasury, whose decision is final.
(10)This section, with any necessary modifications, applies in relation to the making of a material change in the use of a building within the meaning of building regulations made for the purposes of paragraph 8(1)(e) of Schedule 1 to this Act as it applies in relation to the carrying out of work.
C1S. 44 extended (17.7.1992) by S.I. 1992/1732, art. 4(1)(a)
(1)The provisions of section 44(1) and (4) to (10) above apply in relation to the United Kingdom Atomic Energy Authority (in this section referred to as “the Authority”) as if—
(a)the Authority were a Crown authority,
(b)a building belonging to or occupied by the Authority were a Crown building, and
(c)the references in subsection (1) to not being a Crown authority were references to being neither a Crown authority nor the Authority,
but the said provisions do not by virtue of this subsection apply in relation to dwelling-houses or offices belonging to or occupied by the Authority.
(2)Subject to the said provisions as applied by subsection (1) above, building regulations and the enactments relating to building regulations do not apply in relation to buildings belonging to or occupied by the Authority, except dwelling-houses and offices.
In its application to inner London, this Part of this Act has effect subject to Part I of Schedule 3 to this act.
Building Act 1984