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56 provisions
38 Amendments to the Building Regulations 2010 and transitional provision
(1) The Building Regulations 2010 are amended as follows.
(2) In regulation 12(7) for “regulation 19 of the Building (Approved Inspectors etc.) Regulations 2010” substitute “regulation 22 of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024”.
(3) In regulation 14(3)(b) for “and (2)” substitute “, (2) and (2A)”.
(4) In regulation 18E(2)(c) for “an approved inspector” substitute “a registered building control approver”.
(5) In regulation 41(3A) for “each results of testing” substitute “the results of the testing”.
(6) In regulation 47(a)—
(a) in paragraph (iii) after “(3D)” insert “and (3E)”;
(b) in paragraph (vi) for “(appeal against refuse to grant certain certificates)” substitute “(unauthorised building work)”.
(7) In regulation 47A—
(a) in sub-paragraph (c) after “(3D)” insert “and (3E)”;
(b) in sub-paragraph (f) for “(appeal against refuse to grant certain certificates)” substitute “(unauthorised building work)”.
(8) The amendment in paragraph (4) does not apply in relation to a person who, by virtue of regulation 46 of these Regulations or a provision of Schedule 3 to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, continues in the capacity of an approved inspector on or after 6th April 2024.
39 Consequential amendment to the Energy Performance of Buildings (England and Wales) Regulations 2012 and transitional provision
(1) In regulation 32(1)(c) of the Energy Performance of Buildings (England and Wales) Regulations 2012 for “an approved inspector for the purposes of the inspector’s” substitute “a registered building control approver for the purposes of the approver’s”.
(2) The amendment in paragraph (1) does not apply in relation to a person who, by virtue of regulation 46 of these Regulations or a provision of Schedule 3 to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, continues in the capacity of an approved inspector on or after 6th April 2024.
40 Consequential amendments to the Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023
In regulation 1(3) of the Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023, in the definition of “building control body”, after “approved inspector” insert “or, as the case may be, registered building control approver”.
41 Consequential amendments to the Building (Restricted Activities and Functions) (England) Regulations 2023
In regulation 3(2)(i) of the Building (Restricted Activities and Functions) (England) Regulations 2023—
(a) for “regulation 19(1) of the Building (Approved Inspectors etc.) Regulations 2010 (partly completed work)” substitute “regulation 22(1) of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (local authority powers in relation to partly completed work)” ;
(b) for “regulation 19(2)(a)” substitute “regulation 22(2)(a)”;
(c) for “regulation 19(2)(b)” substitute “regulation 22(2)(b)”.
42 Amendments to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023
(1) The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 are amended as follows.
(2) After regulation 27(13) insert—
(13A) For the purposes of section 35B(7)(a) of the 1984 Act (provisions for which compliance notice may not be given) paragraphs (6) and (8) are prescribed.
.
(3) After regulation 28(6) insert—
(6A) For the purposes of section 35B(7)(a) of the 1984 Act (provisions for which compliance notice may not be given) paragraph (3) is prescribed.
.
The following provisions are revoked—
(a) as respects England—
(i) the Building (Approved Inspectors etc.) Regulations 2010;
(ii) regulations 34 to 44 of the Building Regulations &c. (Amendment) Regulations 2012;
(iii) regulation 6 of the Building Regulations &c. (Amendment) Regulations 2013;
(iv) regulation 10 of the Building Regulations &c. (Amendment) (No. 2) Regulations 2013;
(v) regulation 3 of the Building Regulations &c. (Amendment) Regulations 2014;
(vi) regulation 3 of the Building Regulations &c. (Amendment) Regulations 2015;
(vii) regulation 3 of the Building Regulations &c. (Amendment) Regulations 2016;
(b) regulation 14 to 16 of the Building Regulations etc. (Amendment) (England) Regulations 2021;
(c) regulation 3 of the Building Regulations etc. (Amendment) (England) (No. 2) Regulations 2021;
(d) the Building (Approved Inspectors etc.) (Amendment) (England) Regulations 2022;
(e) paragraph 9 of the Schedule to the Building etc. (Amendment) (England) (No. 2) Regulations 2022;
(f) the Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023.
44 Transitional provisions: approved inspectors who became approvers
(1) Subject to paragraph (6), this regulation applies where an approved inspector who gave an initial notice before 6th April 2024 has become a suitably qualified approver in relation to the work described in that notice before that date.
(2) Where this regulation applies then with effect from 6th April 2024 any initial notice given by the approved inspector before 6th April 2024 is to be treated as if it were given instead by that person in their capacity as an approver and these Regulations apply with the modifications in paragraph (3) in relation to that person in undertaking functions in relation to the work described in the initial notice.
(3) The modifications referred to in paragraph (2) are that these Regulations have effect as if—
(a) in regulation 4 (functions of approvers), paragraph (4)(a)(iv) (Part 2A) were omitted;
(b) in relation to any pre-1st October 2023 work—
(i) regulations 15 to 18 were omitted;
(ii) where an amendment notice is given by the approver to vary the work described in the initial notice referred to in paragraph (1), in paragraph 4 of form 2 (amendment notice) in Schedule 1, sub-paragraph (g) were omitted;
(iii) where a final certificate is given by the approver in relation to the work described in the initial notice referred to in paragraph (1), paragraphs 10 and 11 of form 5 (final certificates) in Schedule 1 were omitted.
(4) Subject to paragraph (5), for the purposes of this regulation, an approver is suitably qualified in relation to the work described in the initial notice referred to if the building work is of a type within the scope of the registration of the registered building control approver.
(5) Where an approver is suitably qualified in relation to some of the work described in an initial notice then paragraph (2) has effect in relation only to the part of the building work within the scope of the registration and they continue to be treated as an approved inspector, and regulation 45 (transitional provisions: approved inspectors who did not become approvers) applies, in relation to the other part of the work described in the initial notice.
(6) This regulation does not apply to higher-risk building work.
45 Transitional provisions: approved inspectors who did not become approvers
(1) Subject to paragraph (6), this regulation applies where an approved inspector who gave an initial notice before 6th April 2024 did not become a suitably qualified approver before that date.
(2) Where this regulation applies then, notwithstanding the revocations in regulation 43 (revocations), with effect from 6th April 2024, in relation to any building work in the initial notice referred to in paragraph (1) for which the approved inspector is not a suitably qualified approver, the AI Regulations continue to have effect until 1st October 2024 with the modifications in paragraph (3).
(3) The modifications referred to in paragraph (2) are that the AI Regulations have effect as if—
(a) the approved inspector were not permitted to give an initial notice on or after 6th April 2024 and accordingly regulation 10 (form, grounds and period for rejecting initial notices) and forms 1 and 4 (initial notice and combined initial notice) in Schedule 1 (forms) were omitted;
(b) in regulation 8 (functions of approvers) the reference to “Part 2A (dutyholders and competence)” were omitted;
(c) in relation to pre-1st October 2023 work—
(i) regulations 16B to 16E were omitted;
(ii) where an amendment notice is given by the approved inspector to vary the work described in the initial notice referred to in paragraph (1), in paragraph 4 of form 2 (amendment notice) in Schedule 1, sub-paragraph (g) were omitted;
(iii) where a final certificate is given by the approved inspector in relation to the work described in the initial notice referred to in paragraph (1), paragraphs 10A and 10B of form 5 (final certificates) in Schedule 1 were omitted.
(4) Subject to paragraph (5), for the purposes of this regulation, a person is not a suitably qualified approver—
(a) if they are not a registered building control approver in relation to any work, or
(b) in relation to the initial notice referred to in paragraph (1), if all of the building work described in the notice is of a type that is not within the scope of the registration of the registered building control approver.
(5) Where an approved inspector has become a registered building control approver before 6th April 2024 but, in relation to the initial notice referred to in paragraph (1), some of the building work described in the notice is of a type that is not within the scope of their registration then paragraph (2) has effect in relation only to the part of the building work not within the scope of the registration.
(6) This regulation does not apply to higher-risk building work.
46 Transitional provisions: higher-risk building work regarded as sufficiently progressed
(1) This regulation applies in relation to any initial notice given before 1st October 2023 in respect of higher-risk building work where—
(a) a notice under paragraph 1(4) (notice that work had sufficiently progressed) of Schedule 3 to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 in relation to work to that building was received by a local authority before 6th April 2024, and
(b) the approved inspector who gave the initial notice became an approver before 6th April 2024.
(2) Where this regulation applies then with effect from 6th April 2024 for so long as the initial notice continues in force on or after that date—
(a) the initial notice given by the approved inspector is to be treated as if it were given instead by that person in their capacity as an approver,
(b) these Regulations apply in relation to the approver in respect of the work described in that initial notice with the modifications in paragraph (4), and
(c) Parts 2 to 6 of, and paragraph 7 of Schedule 3 to, the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 do not apply to the work.
(3) In cases where this regulation applies and the work described in the initial notice referred to in paragraph (1) is completed on or after 6th April 2024 then, with effect from that date, regulation 58 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 has effect as if for paragraphs (2) to (4) there were substituted—
(2) In relation to regulation 46 transitional work, a final certificate given by a registered building control approver to a local authority in accordance with the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 and not rejected by the authority is also prescribed as a completion certificate for the purposes of section 76(5) of the 2022 Act.
(3) In this regulation “regulation 46 transitional work” means work of a kind referred to in section 76(1) of the 2022 Act which is completed on or after 6th April 2024 and regulation 46 of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (transitional provisions: higher-risk building work regarded as sufficiently progressed) applied to the work.
.
(4) The modifications referred to in paragraph (2) are that these Regulations have effect as if—
(a) in regulation 4 (functions of approvers), paragraph (4)(a)(iv) (Part 2A) were omitted;
(b) in regulation 15 (notices), paragraphs (2) to (9) were omitted;
(c) regulations 16 to 18 were omitted;
(d) where an amendment notice is given by the approver to vary the work described in the initial notice referred to in paragraph (1) and provided the amendment notice does not vary any of the work to become higher-risk building work then—
(i) regulation 7 (invalid notices or certificates) did not apply in relation to that amendment notice;
(ii) in paragraph 4 of form 2 (amendment notice) in Schedule 1, sub-paragraph (g) were omitted;
(iii) in paragraph 11 of form 2 (amendment notice) in Schedule 1—
(aa) the words “and that the work described in this notice is within the scope of its registration” were omitted;
(bb) sub-paragraph (c) were omitted;
(e) where a plans certificate is given by the approver in relation to the work described in the initial notice referred to in paragraph (1)—
(i) regulation 7 (invalid notices or certificates) did not apply in relation to the plans certificate;
(ii) in paragraph 2 of form 3 (plans certificates) in Schedule 1, the words “and that the work described in this certificate is within the scope of its registration” were omitted;
(iii) in paragraph 9 of form 3 (plans certificates) in Schedule 1, sub-paragraph (d) were omitted;
(f) where a final certificate is given by the approver in relation to the work described in the initial notice referred to in paragraph (1)—
(i) regulation 7 (invalid notices or certificates) did not apply in relation to the final certificate;
(ii) in paragraph 2 of form 5 (final certificates) in Schedule 1, sub-paragraph (b) were omitted;
(iii) paragraphs 10, 11 and 13 of form 5 (final certificates) in Schedule 1 were omitted;
(g) where the initial notice referred to in paragraph (1) is cancelled, Part 5 (transfer of projects to another approver) were omitted;
(h) where the building work described in the initial notice started before 6th April 2024, Part 5 (transfer of projects to another approver) were omitted.
47 Transitional provisions: cases where building work supervised by approved inspector is not completed before October 2024
(1) Subject to paragraph (3), this regulation applies where an initial notice was given by an approved inspector under section 47 of the 1984 Act before 6th April 2024 and the building work, or part of the building work, described in the initial notice has not been given a final certificate before 1st October 2024.
(2) Where this regulation applies then for the purposes of section 47(4)(b)(ii) of the 1984 Act the initial notice ceases to be in force with effect from 1st October 2024.
(3) This regulation does not apply to—
(a) higher-risk building work;
(b) any initial notice or part of an initial notice which is to be treated as given by an approver by virtue of regulation 44 (transitional provisions: approved inspectors who became approvers).
In this Part—
“AI Regulations” means the Building (Approved Inspectors etc.) Regulations 2010;
“approved inspector” has the meaning given in section 49 of the Building Act 1984 (as that section had effect immediately before 6th April 2024);
“building” and “building work” have the meanings given in regulation 2(1) of the 2010 Regulations;
“pre-1st October 2023 work” means building work to which regulation 20(1) of the Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023 applied immediately before 6th April 2024 provided the work had started before 6th April 2024.
Regulations 6, 7, 8, 11, 13, 14 and 20
Form 1
Form 2
Form 3
Form 4
Form 5
Form 6
Form 7
Form 8
Form 9
Form 10
Form 11
Form 12
Form 13
Form 14
Form 15
Form 16
Form 17
SCHEDULE 2 Grounds for Rejecting an Initial Notice, an Amendment Notice or a Plans Certificate Combined with an Initial Notice
Regulations 6, 8 and 11
Form
1 The notice is not in the prescribed form.
Wrong local authority
2 No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.
Capacity of approver
3 The person who signed the notice as an approver is not an approver on the date the notice is rejected or if they are an approver on that date, their registration does not include all the work described in the notice.
4 Additionally, in the case of an amendment notice, the person who signed the amendment notice as an approver is not the approver who gave the initial notice.
Breach of section 54B
5 The person specified in the notice as the registered building inspector who gave advice in relation to that notice—
(a) was not a registered building inspector on the date the notice was submitted; or
(b) was a registered building inspector on that date but their registration did not include all the work described in the notice.
Information about the proposed work
6 Neither the notice nor the accompanying plans and documents include—
(a) the location and a description of the work, including the use of any building to which the work relates;
(b) information needed by the local authority to decide whether the notice is to be rejected on ground 10 or 11;
(c) information as to whether or not the work concerns a new dwelling;
(d) a statement setting out the date when work will reach the point when it is to be regarded as commenced and, if applicable, the details of the work which the client considers amounts to 15% of the proposed work;
(e) in the case of an initial notice or an amendment notice in relation to a new dwelling, either—
(i) a statement whether or not one or more, and if so which, of the following optional requirements applies to the building work—
(aa) regulation 36(2)(b) (optional water efficiency requirement of 110 litres per person per day),
(bb) Schedule 1 Part M optional requirement M4(2) (category 2- accessible and adaptable dwellings),
(cc) Schedule 1 Part M optional requirement M4(3) (category 3- wheelchair user dwellings), or
(ii) a statement that planning permission has not yet been granted for the work, and that the information required by sub-paragraph (i) will be supplied as soon as is reasonably practicable after that permission is granted;
(f) in the case of an initial notice or amendment notice in relation to the erection of a new dwelling—
(i) a statement giving details of any public electronic communications network in relation to which a connection is to be provided;
(ii) if an exemption in regulation 44ZB of the 2010 Regulations is proposed to be relied on, a statement giving details in support of the exemption;
(iii) if regulation 44ZC of those Regulations is proposed to be relied on, a statement giving details of the matters mentioned in regulation 44ZC(6)(a) and (b) of those Regulations and, if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 to those Regulations is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit-capable public electronic communications network (as defined in regulation 44C of those Regulations) is likely to be installed, in a location relevant for the purposes of paragraph RA1(1)(c) of that Schedule, within the period of two years beginning with the day on which the notice is given;
(g) in the case of a plans certificate combined with an initial notice, a statement in accordance with sub-paragraph (e)(i).
(h) if 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)—
(i) in the case of an initial notice, the information required in accordance with the Annex to Form 1, in the case of an amendment notice, the information required in accordance with the Annex to Form 2 or in the case of a plans certificate combined with an initial notice, the information required in accordance with the Annex to Form 4 in Schedule 1, and
(ii) in the case of an amendment notice, evidence required in accordance with paragraph 2 of the Annex to Form 2 in Schedule 1.
Fire and rescue authority
7 The approver is obliged by regulation 9 to consult the fire and rescue authority before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.
Sewerage undertaker
8 The approver is obliged by regulation 10 to consult the sewerage undertaker before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.
Independence
9 The notice does not contain a declaration by the approver that the approver does not, and while the initial notice is in force will not, have any professional or financial interest in that work.
Drain connection
10 In the case of the erection or extension of a building, the local authority considers that, in order to comply with the requirements of Part H of Schedule 1 to the 2010 Regulations, a proposed drain or private sewer must discharge to an existing sewer, but the statement accompanying the notice does not describe such an arrangement.
Local enactments
11 The local authority is not satisfied that the work described will comply with any local enactment which requires or authorises them to reject an application for building control approval submitted in accordance with building regulations.
Commencement of work
12 Where a statement setting out the details of the work which the client considers amounts to 15% of all the work described in the notice has been provided, the local authority is not satisfied that the work described in the statement amounts to 15% of all the work described in the notice.
Earlier notice
13 (1) Except where sub-paragraph (2) applies, an initial notice (“an earlier notice”) has already been given in respect of any part of the work described in the notice.
(2) The ground in sub-paragraph (1) does not apply if—
(a) subject to sub-paragraph 3 an earlier notice has ceased to be in force and the local authority has taken no positive step to supervise the work described in it; or
(b) the notice is accompanied by an undertaking by the approver who gave an earlier notice to the effect that the approver will cancel that notice as soon as the initial notice under consideration is accepted.
(3) sub-paragraph (2)(a) does not apply if—
(a) the earlier notice has been cancelled by the client or the approver;
(b) the client has received a notice of contravention in accordance with regulation 21(1); and
(c) the client has failed to remedy the contravention in the time specified in regulation 21(3).
SCHEDULE 3 Grounds for rejecting a plans certificate or plans certificate combined with an initial notice
Regulation 11
Form
1 The certificate is not in the prescribed form.
Wrong building control authority
2 No part of the work described in the plans certificate is to be carried out in the area of the local authority to whom the certificate has been given.
Work
3 The certificate does not describe the work to which it relates.
Optional requirements
4 The certificate does not contain—
(a) information whether or not the work concerns a new dwelling; or
(b) in the case of a new dwelling, information whether or not one or more, and if so which, of the following optional requirements applies to the building work—
(i) regulation 36(2)(b) (optional water efficiency requirement of 110 litres per person per day),
(ii) Schedule 1 Part M optional requirement M4(2) (category 2- accessible and adaptable dwellings),
(iii) Schedule 1 Part M optional requirement M4(3) (category 3- wheelchair user dwellings); or
(c) in the case of a plans certificate relating to a new dwelling, a statement that it relates only to such part of the work to which no requirement under regulation 36 of, or requirements M4(1), (2) or (3) of Schedule 1 to, the Building Regulations 2010 may apply.
Plans
5 The certificate does not specify the plans to which it relates.
No initial notice
6 Except where the plans certificate is combined with an initial notice, no initial notice was in force with respect to the work described in the certificate at the time the certificate was given.
Capacity of approver
7 An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but—
(a) the certificate is not signed by the approver who gave the initial notice,
(b) the person who signed the certificate is not an approver on the date the notice is rejected, or
(c) where they are an approver, their registration does not include all the work described in the certificate.
Breach of section 54B
8 The person specified in the certificate as the registered building inspector who gave advice in relation to that certificate—
(a) was not a registered building inspector on the date the certificate was submitted, or
(b) was a registered building inspector on that date but their registration did not include all the work described in the certificate.
Fire and rescue authority
9 The approver was obliged by regulation 9 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that the approver has consulted them in accordance with that regulation.
Sewerage undertaker
10 The approver was obliged by regulation 10 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that the approver has consulted them in accordance with that regulation.
Independence
11 The certificate does not contain a declaration by the approver that the approver has not since giving the initial notice in question had any professional or financial interest in that work.
SCHEDULE 4 Grounds for rejecting a final certificate
Regulation 13
Form
1 The certificate is not in the prescribed form.
Wrong building control authority
2 No part of the work described in the final certificate was carried out in the area of the local authority to whom the certificate has been given.
Work
3 The certificate does not describe the work to which it relates.
Optional requirements
4 The certificate does not contain information—
(a) whether or not the work concerns a new dwelling; or
(b) in the case of a new dwelling, information whether or not one or more, and if so which, of the following optional requirements applies to the building work—
(i) regulation 36(2)(b) (optional water efficiency requirement of 110 litres per person per day),
(ii) Schedule 1 Part M optional requirement M4(2) (category 2- accessible and adaptable dwellings),
(iii) Schedule 1 Part M optional requirement M4(3) (category 3- wheelchair user dwellings).
No initial notice
5 No initial notice was in force with respect to the work described in the certificate at the time the certificate was given.
No plans certificate
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Capacity of approver
7 An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but—
(a) the certificate is not signed by the approver who gave the initial notice,
(b) the person who signed the certificate is not an approver on the date the certificate is rejected, or
(c) where they are an approver, their registration does not include all the work described in the certificate.
Breach of section 54B
8 The person specified in the certificate as the registered building inspector who gave advice in relation to that certificate—
(a) was not a registered building inspector on the date the certificate was submitted, or
(b) was a registered building inspector on that date but their registration did not include all the work described in the certificate.
Lack of fire safety information confirmation
9 Regulation 38 of the Building Regulations 2010, as modified by regulation 5 (modifications of the 2010 Regulations), applies to the building work to which the final certificate relates and the approver has not provided a confirmation that the person carrying out the work has notified the approver to the effect that the fire safety information has been given to the responsible person as required by that regulation.
Independence
10 The certificate does not contain a declaration by the approver that the approver has not since giving that notice had any professional or financial interest in that work.
Building safety levy
11 If, in relation to any building work, regulation 18(1)(f) requires a levy liability statement to be included in a notice under that regulation, the building control authority must reject the final certificate in respect of such work unless it has received a notification under regulation 63(2) of the BSL Regulations stating that the collecting authority agrees with the levy liability statement.
SCHEDULE 5 Grounds for rejecting a transfer certificate and transfer report
Regulation 26
Required information
1 The transfer certificate does not include the information required by regulation 25 (information to be included in transfer certificates).
Wrong local authority
2 No part of the unfinished work described in the transfer certificate is to be carried out in the area of the local authority to whom the transfer certificate has been given.
No initial notice
3 No new initial notice under section 53(7)(a) of the 1984 Act was in force with respect to the work described in the transfer certificate at the time the transfer certificate was given.
Capacity of approver
4 A new initial notice was in force with respect to the unfinished work described in the transfer certificate at the time the certificate was given, but—
(a) the certificate is not signed by the approver who gave the new initial notice,
(b) the person who signed the certificate is not an approver on the date the certificate is rejected, or
(c) where they are an approver, their registration does not include all the work described in the certificate.
Breach of section 54B
5 The person specified in the certificate as the registered building inspector who gave advice in relation to that certificate—
(a) was not a registered building inspector on the date the certificate was submitted; or
(b) was a registered building inspector on that date but their registration did not include all the work described in the certificate.
Earlier notice
6 (1) Except where sub-paragraph (2) applies, a new initial notice under section 53(7)(a) of the 1984 Act (“an earlier notice”) has already been given in respect of any part of the unfinished work described in the notice.
(2) The ground in sub-paragraph (1) does not apply if—
(a) an earlier notice has ceased to be in force and the local authority has taken no positive step to supervise the work described in it, or
(b) the notice is accompanied by an undertaking by the approver who gave an earlier notice to the effect that the approver will cancel that notice as soon as the initial notice under consideration is accepted.
Local authority action
7 (1) The local authority has given a section 36 notice, a compliance notice or a stop notice in relation to the unfinished work.
(2) The local authority received an application in relation to the whole or part of the unfinished work in accordance with regulation 18 of the 2010 Regulations.
(3) The local authority has otherwise taken any positive step to supervise the unfinished work.
Failure to provide information requested
8 The approver has been given a request under section 53C(4) of the 1984 Act but failed to provide the information within the period referred to in that section.