The Building (Registered Building Control Approvers etc.) (England) Regulations 2024

15 Notice before starting work and further notice when work is “commenced” etc.

(1) At least two working days before the day on which building work starts, the person carrying out the work must give a notice to the approver shown on the initial notice relating to the building work setting out their intention to start the work and the date that work is to start. (2) Not more than five working days after the day on which the work is to be regarded as commenced the person carrying out the work must give a notice to that effect instead of the statement or evidence to the approver. (2A) Subject to paragraphs (2B) to (2D), where the work relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations), a notice under paragraph (2) must also— (a) if the levy charging conditions are met , but subject to sub-paragraph (c)— (i) include a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the initial notice relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations, (ii) include a statement setting out the levy charging information, in accordance with regulation 15A, in relation to the initial notice to which the notice under paragraph (2) relates, (iii) include a statement setting out the applicable planning information, (iv) be accompanied by evidence as to the matters described in paragraphs (i), (ii) and (iii), (b) if the levy charging conditions are not met , but subject to sub-paragraph (c)— (i) include a statement setting out the applicable planning information, (ii) include a statement explaining how the levy charging conditions are not met, (iii) be accompanied by evidence as to the matters described in paragraphs (i) and (ii),... (c) if a statement or evidence required under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the initial notice relates, include a statement to that effect instead of the statement or evidence. (2B) If a new person (NP) has become the client in relation to the building work to which the initial notice relates (and details of NP have not already been given to the authority in an amendment notice or a notice under paragraph 2(3) of Schedule 4 to the BSL Regulations) then the statement under paragraph (2A)(a) or (b) must also explain that NP is now the named client and set out the name, address, telephone number and, if available, email address of NP. (2C) Where a notice under paragraph (2) includes a statement under paragraph (2A)(a) or (b) the named client must, within 2 working days of giving the notice under paragraph (2), give a copy of the notice and the accompanying evidence to the collecting authority. (2D) Where, in relation to the work referred to in paragraph (2A), no statement under paragraphs 1(c) to (f) of the Annex to Form 1 or 4, or paragraphs 1(c), (e) or (f) of the Annex to Form 2, in Schedule 1 has previously been required, the notice under paragraph (2) must include whichever of those statements under paragraphs 1(c) to (f) of the Annex to Form 1 or 4, or paragraphs 1(c), (e), (f) and (h) to (k) of the Annex to Form 2, in Schedule 1 that is applicable. (3) If the approver is not satisfied the work is to be regarded as commenced they must give the person carrying out the work a notice to that effect (“rejection notice”) within four weeks of the date the notice under paragraph (2) is given, and the rejection notice must give the reasons for rejection. (3A) If an approver gives a rejection notice in relation to a notice under paragraph (2) which included a statement in accordance with paragraph (2A)(a) or (b), the approver must notify the collecting authority that the rejection notice has been given. (3B) The notification required to be given by the approver to the collecting authority under paragraph (3A) must be given before the end of the period of 5 working days beginning with the day on which the approver gives the rejection notice. (4) Where a notice is given under paragraph (2) and the period referred to in paragraph (3) expires without a rejection notice being given, then the work is to be regarded as commenced. (5) If the person carrying out the work accepts the rejection notice they may not give a further notice under paragraph (2) unless, having regard to the reasons given by the approver, they are satisfied the work is to be regarded as commenced. (6) A person who gave the notice under paragraph (2) may appeal to the First-tier Tribunal against the decision of the approver to reject the notice provided the appeal is made within 21 relevant days beginning with the day after the day on which the approver gives the rejection notice. (7) The First-tier Tribunal may allow an appeal under paragraph (6) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds— (a) that the decision was based on an error of fact, (b) that the decision was wrong in law, (c) that the decision was unreasonable, (d) that the decision was made without following the procedures set out in the 1984 Act or regulations made under the 1984 Act. (7A) If an approver receives a decision from the First-tier Tribunal allowing an appeal in relation to a notice under paragraph (2) which included a statement in accordance with paragraph (2A)(a) or (b), the approver must notify the collecting authority that the appeal has been allowed. (7B) The notification required to be given by the approver to the collecting authority under paragraph (7A) must be given before the end of the period of 5 working days beginning with the day on which the approver receives the appeal decision. (8) The approver may take such steps, including— (a) requiring information; (b) laying open of work for inspection, as it thinks appropriate to check whether the work is to be regarded as commenced. (9) For the purposes of paragraphs (2) to (8), the provisions of regulation 16 (lapse of initial notices: commencement of work) apply to determine whether work is to be regarded as commenced. (10) In this regulation— (a) the “levy charging conditions” are— (i) the building work to which the initial notice relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use), (ii) the building work to which the initial notice relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and (iii) the named client or, if there is more than one named client, each of them, in relation to the initial notice is not an exempt person; (b) subject to sub-paragraph (c), “applicable planning information” is— (i) where a statement under paragraph 1(a) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change; (ii) where a statement under paragraph 1(a) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 stated that section 33 of the Planning Act 2008 applies, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change; (iii) where paragraph 1(b)(i) or (iv) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 applied to the initial notice at the time that notice was given, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that notice was given the statement must set out details of the planning permission as updated; (iv) where paragraph 1(b)(ii) or (iii) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 applied to the initial notice at the time that notice was given, information identifying the planning permission granted; (v) where paragraph 1(b)(v) or (vi) of the Annex to Form 1, or of the Annex to Form 4, in Schedule 1 applied to the initial notice at the time that notice was given, information identifying the prior approval and how the prior approval requirement is satisfied, but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the initial notice relates; (c) if, at the date the applicable planning information is to be included in a notice, no statement under paragraph 1(a) or (b) of the Annex to Form 1, 2 or 4 in Schedule 1 has previously been required, then the “applicable planning information” is whichever of those statements under paragraph 1(a) or (b) of the Annex to Form 1, 2 or 4 in Schedule 1 that is applicable, as updated; (d) for the purposes of sub-paragraph (b)(v), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— (i) prior approval is given or is deemed to be given, or (ii) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).