Law

Building Act 1984

United Kingdom · statute

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In force since 2026-07-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 225 provisions
  1. Title and introductory text
  2. 1 Power to make building regulations.
  3. 1A Buildings of special historical or architectural interest
  4. 2 Continuing requirements.
  5. 2A Continuing requirements in relation to fuel, power and emissions
  6. 2B Optional requirements
  7. 2C Review of minimum energy performance requirements
  8. 3 Exemption of particular classes of buildings etc.
  9. 4 Exemption of educational buildings and buildings of statutory undertakers.
  10. 5 Exemption of public bodies from procedural requirements of building regulations.
  11. 6 Approval of documents for purposes of building regulations.
  12. 7 Compliance or non-compliance with approved documents.
  13. 8 Relaxation of building regulations.
  14. 9 Application for relaxation.
  15. 10 Advertisement of proposal for relaxation of building regulations.
  16. 11 Type relaxation of building regulations.
  17. 12 Power of appropriate national authority to approve type of building matter.
  18. 13 Delegation of power to approve.
  19. 14 Consultation with Building Regulations Advisory Committee and other bodies : Wales
  20. 15 Consultation with fire authority.
  21. 16 Passing or rejection of plans.
  22. 17 Approval of persons to give certificates etc.
  23. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  24. 19 Use of short-lived materials.
  25. 21 Provision of drainage.
  26. 22 Drainage of buildings in combination.
  27. 23 Provision of facilities for refuse.
  28. 24 Provision of exits etc.
  29. 25 Provision of water supply.
  30. 26–29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  31. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  32. 30A Determination of certain applications by appropriate national authority
  33. 31 Proposed departure from plans.
  34. 32 Lapse of building control approval
  35. 33 Tests for conformity with building regulations.
  36. 34 Classification of buildings.
  37. 35 Offence of contravening building regulations etc
  38. 35A Time limit for prosecution for contravention of ... building regulations
  39. 35B Compliance notices
  40. 35C Stop notices
  41. 35D Compliance and stop notices: supplementary
  42. 36 Removal or alteration of offending work.
  43. 37 Obtaining of report where section 36 notice given.
  44. 38 Civil liability.
  45. 39 Appeal against refusal etc. to relax building regulations.
  46. 39A Appeals against compliance notices and stop notices etc
  47. 40 Appeal against section 36 notice.
  48. 41 Appeal to Crown Court.
  49. 42 Appeal and statement of case to High Court in certain cases.
  50. 43 Procedure on appeal to Secretary of State on certain matters.
  51. 43A Appeals under sections 20, 39 and 50: England
  52. 46 Inner London.
  53. 46A Building control authorities: restricted activities and functions
  54. 47 Giving and acceptance of initial notice.
  55. 48 Effect of initial notice.
  56. 49 Approved inspectors.
  57. 50 Plans certificates.
  58. 51 Final certificates.
  59. 51A Variation of work to which initial notice relates.
  60. 51B Effect of amendment notice
  61. 51C Change of person intending to carry out work
  62. 52 Cancellation of initial notice.
  63. 52A Cancellation of initial notice when work becomes higher-risk building work
  64. 52B Effect of initial notice ceasing to be in force where work becomes higher-risk building work
  65. 53 Effect of initial notice ceasing to be in force.
  66. 53A Lapse of initial notice
  67. 53B New initial notice: change of registered building control approver
  68. 53C Consideration of transfer certificate and report
  69. 53D Cancellation of initial notice: change of registered building control approver
  70. 53E Restriction on functions of registered building control approvers
  71. 54 Giving, acceptance and effect of public body’s notice.
  72. 54A Public bodies and higher-risk building work
  73. 54B Registered building control approvers: restricted activities and functions
  74. 55 Appeals.
  75. 56 Recording and furnishing of information.
  76. 56A Giving information by electronic means: England
  77. 56B Requirement to keep register: England
  78. 56C Delegation of functions
  79. 57 Offences.
  80. 58 Construction of Part II.
  81. 58A “Regulatory authority”
  82. 58B “Registered building inspector”
  83. 58C Register of building inspectors
  84. 58D Application for registration as building inspector
  85. 58E Variation or cancellation of registration as building inspector
  86. 58F Code of conduct
  87. 58G Registered building inspectors: information notices
  88. 58H Professional misconduct investigations
  89. 58I Sanctions for professional misconduct
  90. 58J Interim suspension for suspected serious professional misconduct
  91. 58K Suspension orders: further provision
  92. 58L Offences relating to registration
  93. 58M Offence of acting as, or pretending to be, a registered building inspector
  94. 58N “Registered building control approver”
  95. 58O Register of building control approvers
  96. 58P Application for registration as building control approver
  97. 58Q Variation or cancellation of registration as building control approver
  98. 58R Professional conduct rules
  99. 58S Registered building control approvers: information notices
  100. 58T Investigations into contraventions of professional conduct rules
  101. 58U Sanctions for contravention of professional conduct rules
  102. 58V Interim suspension for suspected serious contravention
  103. 58W Offence of registered building control approver acting outside scope of registration
  104. 58X Offence of pretending to be a registered building control approver
  105. 58Y Delegation of registration functions
  106. 58Z Operational standards rules
  107. 58Z1 Reporting requirements
  108. 58Z2 Information: Wales
  109. 58Z3 Investigations
  110. 58Z4 Improvement notice
  111. 58Z5 Serious contravention notices
  112. 58Z6 Continuing failure to meet standards: registered building control approvers
  113. 58Z7 Continuing failure to meet standards: local authorities in England
  114. 58Z8 Inspections
  115. 58Z9 Sharing of information between regulatory authorities
  116. 58Z10 Appeal to Crown Court
  117. 59 Drainage of building.
  118. 60 Use and ventilation of soil pipes.
  119. 61 Repair etc, of drain.
  120. 62 Disconnection of drain.
  121. 63 Improper construction or repair of water-closet or drain.
  122. 64 Provision of closets in building.
  123. 65 Provision of sanitary conveniences in workplace.
  124. 66 Replacement of earth-closets etc.
  125. 67 Loan of temporary sanitary conveniences.
  126. 68 Erection of public conveniences.
  127. 69 Provision of water supply in occupied house.
  128. 70 Provision of food storage accommodation in house.
  129. 71 Entrances, exits etc. to be required in certain cases.
  130. 72 Means of escape from fire.
  131. 73 Raising of chimney.
  132. 74 Cellars and rooms below subsoil water level.
  133. 75 Consents under s. 74.
  134. 76 Defective premises.
  135. 77 Dangerous building.
  136. 78 Dangerous building—emergency measures.
  137. 79 Ruinous and dilapidated buildings and neglected sites.
  138. 79A Wales: exercise of powers under sections 77 and 79 in relation to listed buildings, buildings in conservation areas etc.
  139. 80 Notice to local authority of intended demolition.
  140. 81 Local authority’s power to serve notice about demolition.
  141. 82 Notices under section 81.
  142. 83 Appeal against notice under s. 81.
  143. 84 Paving and drainage of yards and passages.
  144. 85 Maintenance of entrances to courtyards.
  145. 86 Appeal to Crown Court.
  146. 87 Application of provisions to Crown property.
  147. 88 Inner London.
  148. 89 References in Acts to building byelaws.
  149. 90 Facilities for inspecting local Acts.
  150. 90A Functions under this Part: the regulator etc
  151. 91 Duties of local authorities and the regulator.
  152. 91ZA The regulator: building control authority for higher-risk buildings in England
  153. 91ZB The regulator: building control authority for other work
  154. 91ZC Section 91ZB: supplementary
  155. 91ZD Higher-risk buildings in Wales: local authority work
  156. 91A Registers to be kept by local authorities and the regulator
  157. 91B Cooperation and the sharing of information: Wales
  158. 92 Form of documents.
  159. 93 Authentication of documents.
  160. 94 Service of documents.
  161. 94A Electronic service of documents
  162. 95 Power to enter premises.
  163. 96 Supplementary provisions as to entry.
  164. 97 Power to execute work.
  165. 98 Power to require occupier to permit work.
  166. 99 Content and enforcement of notice requiring works.
  167. 100 Sale of materials.
  168. 101 Breaking open of streets.
  169. 101A Appeal: refusal to consider application etc on ground is higher-risk building work
  170. 102 Appeal against notice requiring works.
  171. 103 Procedure on appeal or application to appropriate court or tribunal.
  172. 104 Local authority or regulator to give effect to appeal.
  173. 105 Judge not disqualified by liability to rates.
  174. 105A Enforcement of decisions of the First-tier and Upper Tribunal
  175. 105B Fees and charges
  176. 105C Levy on certain applications for building control approval etc
  177. 106 Compensation for damage.
  178. 107 Recovery of expenses etc.
  179. 108 Payment by instalments.
  180. 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  181. 110 Liability of agent or trustee.
  182. 111 Arbitration.
  183. 112 Obstruction
  184. 112A Liability of officers of body corporate etc
  185. 113 Prosecution of offences.
  186. 114 Continuing offences.
  187. 115 Protection of members etc. of authorities.
  188. 116 Default powers of appropriate national authority.
  189. 117 Expenses of appropriate national authority.
  190. 118 Variations or revocation of order transferring powers.
  191. 119 Local inquiries.
  192. 120 Orders.
  193. 120A Regulations
  194. 120B Proposals and consultation relating to regulations made by the Secretary of State
  195. 120C Consultation relating to regulations made by the Welsh Ministers
  196. 120D Meaning of “higher-risk building”: England
  197. 120E Regulations under section 120D: procedure
  198. 120F Regulations under section 120D: additional procedure in certain cases
  199. 120G Recommendations about regulations under section 120D
  200. 120H Advice about regulations under section 120D
  201. 120I Higher-risk buildings and higher-risk building work: Wales
  202. 121 Meaning of “building”.
  203. 121A Meaning of “building control authority”
  204. 122 Meaning of “building regulations”.
  205. 123 Meaning of “construct”and “erect”.
  206. 124 Meaning of deposit of plans
  207. 125 Construction and availability of sewers.
  208. 125A Meaning of work
  209. 126 General interpretation.
  210. 127 Construction of certain references concerning Temples.
  211. 128 Protection for dock and railway undertakings.
  212. 129 Saving for Local Land Charges Act 1975.
  213. 130 Saving for other laws.
  214. 131 Restriction of application of Part IV to Schedule 3.
  215. 132 Transitional provisions.
  216. 133 Consequential amendments and repeals.
  217. 134 Commencement.
  218. 135 Short title and extent.
  219. SCHEDULE 1 Building Regulations
  220. SCHEDULE 2 Relaxation of Building Regulations for Existing Work
  221. SCHEDULE 3 Inner London
  222. SCHEDULE 4 Provisions Consequential Upon Public Body’s Notice
  223. SCHEDULE 5 Transitional Provisions
  224. SCHEDULE 6 Consequential Amendments
  225. SCHEDULE 7 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

225 provisions

58A “Regulatory authority”

In this Act the “regulatory authority” means— (a) in relation to England, the regulator; (b) in relation to Wales, the Welsh Ministers.

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58B “Registered building inspector”

In this Act “registered building inspector” means an individual registered as a building inspector in accordance with this Part.

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58C Register of building inspectors

(1) The regulatory authority must establish and maintain a register of building inspectors. (2) The register may provide for different classes of building inspectors (for example, according to qualifications or experience). (3) The regulatory authority must register an individual as a building inspector, or a building inspector of a particular class, if— (a) the individual makes an application for registration in accordance with section 58D, and (b) the authority is satisfied that the individual meets such criteria as the authority may from time to time determine. (4) Registration may— (a) have effect in relation to all work or in relation to work of a particular description; (b) be subject to conditions. (5) Registration must be for a prescribed period. (6) The register must record, in relation to each registered building inspector— (a) the individual’s name and business address; (b) if the individual is employed by a building control authority or a registered building control approver, the name and business address of that person; (c) whether the individual’s registration has effect in relation to all work or work of a particular description; (d) if the individual’s registration has effect in relation to work of a particular description, that description of work; (e) any conditions to which the individual’s registration is subject; (f) the period for which the individual is registered; (g) if the individual’s registration has been varied by an order under section 58I(2)(b), that fact and the effect of the variation; (h) if the individual’s registration has been suspended by an order under section 58I(2)(c) or 58J(2), that fact and the period of the suspension; (i) any matters that are prescribed. (7) The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate.

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58D Application for registration as building inspector

(1) An application for registration as a building inspector must— (a) be made in such form and manner, and (b) be accompanied by such information and supporting evidence, as the regulatory authority may from time to time determine. (2) The regulatory authority may make different provision about those matters for different cases. (3) When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require. (4) The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application.

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58E Variation or cancellation of registration as building inspector

(1) A registered building inspector may apply for the variation or cancellation of their registration. (2) Section 58D applies to such an application as it applies to an application for registration.

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58F Code of conduct

(1) The regulatory authority must prepare and publish a code of conduct for registered building inspectors. (2) The code must set out standards of professional conduct and practice expected of registered building inspectors. (3) The code may make different provision for different cases (for example, for different descriptions of work). (4) The regulatory authority may revise the code of conduct at any time (and must publish any revised code).

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58G Registered building inspectors: information notices

(1) The regulatory authority may by notice in writing require a registered building inspector to provide the authority with any documents or information the authority reasonably requires for the purposes its functions under sections 58B to 58M. (2) The notice must specify— (a) the documents or information required, (b) the date by which they must be provided, and (c) the form in which they must be provided.

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58H Professional misconduct investigations

(1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building inspector may be guilty of professional misconduct, the authority may investigate the matter. (2) In this Part “professional misconduct”, in relation to a registered building inspector, means conduct that— (a) falls short of the standards of conduct and practice expected of registered building inspectors, or (b) is likely to bring the profession of registered building inspectors into disrepute. (3) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building inspector under this section (which must include an opportunity for the inspector to make representations). (4) The regulatory authority may revise the statement at any time (and must publish any revised statement).

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58I Sanctions for professional misconduct

(1) If following an investigation under section 58H the regulatory authority determines that an individual who is a registered building inspector is guilty of professional misconduct, the authority may make one or more disciplinary orders. (2) A disciplinary order is an order— (a) requiring the individual to pay a financial penalty of an amount specified in the order, (b) varying the individual’s registration in a way specified in the order, (c) suspending the individual’s registration for a period specified in the order, or (d) cancelling the individual’s registration from a date specified in the order. (3) Varying the individual’s registration means varying any of the matters listed in section 58C(4) (limitations and conditions). (4) Where the regulatory authority makes a disciplinary order it must give a copy of the order to the individual concerned as soon as reasonably practicable. (5) The individual may appeal to the appropriate court or tribunal against a disciplinary order under this section. (6) A disciplinary order under subsection (2)(a) or (b) has no effect until— (a) the end of the period within which an appeal may be brought, or (b) if an appeal is brought before the end of that period, the determination of the appeal. (7) Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a).

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58J Interim suspension for suspected serious professional misconduct

(1) This section applies where the regulatory authority considers that— (a) an individual who is a registered building inspector may be guilty of professional misconduct, and (b) the suspected misconduct is so serious that, if the authority determines that the individual is guilty, it is likely to make an order under section 58I(2)(d) cancelling the individual’s registration. (2) The regulatory authority may by order suspend the individual’s registration for a period specified in the order (which must not exceed 3 months). (3) The regulatory authority may revoke the order before the end of that period. (4) Where the regulatory authority makes (or revokes) an order under this section it must give a copy of the order (or notice of the revocation) to the individual concerned as soon as reasonably practicable. (5) The individual may appeal to the appropriate court or tribunal against an order under this section.

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58K Suspension orders: further provision

An individual whose registration is suspended under section 58I(2)(c) or 58J(2) is not a registered building inspector for the purposes of section 46A or 54B (restricted activities and functions) (but is a registered building inspector for the purposes of this Part).

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58L Offences relating to registration

(1) A registered building inspector commits an offence if, without reasonable excuse, they carry out a restricted activity on behalf of a building control authority or a registered building control approver— (a) in relation to work which is outside the scope of their registration, or (b) while their registration is suspended. (2) “Restricted activity”— (a) in relation to a building control authority, has the meaning given by section 46A; (b) in relation to a registered building control approver, has the meaning given by section 54B. (3) A registered building inspector commits an offence if, without reasonable excuse— (a) they give advice to a building control authority or registered building control approver— (i) in relation to work which is outside the scope of their registration, or (ii) while their registration is suspended, and (b) they know, or ought to know, that the authority or approver is obtaining that advice for the purposes of section 46A or 54B (restricted functions). (4) A registered building inspector commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration. (5) A registered building inspector whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended. (6) For the purposes of this section, work is outside the scope of a registered building inspector’s registration if the inspector’s registration does not have effect in relation to work of that description. (7) An offence under this section is punishable on summary conviction by a fine.

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58M Offence of acting as, or pretending to be, a registered building inspector

(1) A person who is not a registered building inspector commits an offence if, with intent to deceive, the person— (a) impersonates a registered building inspector, or (b) does anything (including using any name, title or description) which implies that the person is a registered building inspector. (2) An offence under this section is punishable on summary conviction by a fine.

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58N “Registered building control approver”

In this Act “registered building control approver” means a person registered as a building control approver in accordance with this Part.

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58O Register of building control approvers

(1) The regulatory authority must establish and maintain a register of building control approvers. (2) The regulatory authority must register a person as a building control approver if— (a) the person makes an application for registration in accordance with section 58P, and (b) the authority is satisfied that the person meets such criteria as the authority may from time to time determine. (3) Registration may— (a) have effect in relation to all work or in relation to work of a particular description; (b) be subject to conditions. (4) Registration must be for a prescribed period. (5) The register must record, in relation to each registered building control approver— (a) the person’s name and business address; (b) whether the person’s registration has effect in relation to all work or work of a particular description; (c) if the person’s registration has effect in relation to work of a particular description, that description of work; (d) any conditions to which the person’s registration is subject; (e) the period for which the person is registered; (f) if the person’s registration has been varied by an order under section 58U(2)(b), that fact and the effect of the variation; (g) if the person’s registration has been suspended by an order under section 58U(2)(c) or 58V(2), that fact and the period of the suspension; (h) any matters that are prescribed. (6) The regulatory authority must make the register available for inspection by the public in whatever way the authority thinks appropriate.

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58P Application for registration as building control approver

(1) An application for registration as a building control approver must— (a) be made in such form and manner, and (b) be accompanied by such information and supporting evidence, as the regulatory authority may from time to time determine. (2) The regulatory authority may make different provision about those matters for different cases. (3) When considering an application for registration, the regulatory authority may require the applicant to provide it with such further information or supporting evidence as the authority may require. (4) The applicant may appeal to the appropriate court or tribunal against any decision made by the regulatory authority on the application.

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58Q Variation or cancellation of registration as building control approver

(1) A registered building control approver may apply for the variation or cancellation of their registration. (2) Section 58P applies to such an application as it applies to an application for registration.

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58R Professional conduct rules

(1) The regulatory authority must prepare and publish professional conduct rules applying to registered building control approvers (in addition to operational standards rules applying to them under section 58Z). (2) Professional conduct rules may in particular make provision about insurance and financial propriety. (3) The rules may make different provision for different cases (for example, for different descriptions of work). (4) The regulatory authority may revise the professional conduct rules at any time (and must publish any revised rules).

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58S Registered building control approvers: information notices

(1) The regulatory authority may by notice in writing require a registered building control approver to provide the authority with any documents or information the authority reasonably requires for the purposes of its functions under sections 58N to 58X. (2) The notice must specify— (a) the documents or information required, (b) the date by which they must be provided, and (c) the form in which they must be provided.

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58T Investigations into contraventions of professional conduct rules

(1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a registered building control approver may have contravened the professional conduct rules, the authority may investigate the matter. (2) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating a registered building control approver under this section (which must include an opportunity for the person to make representations). (3) The regulatory authority may revise the statement at any time (and must publish any revised statement).

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58U Sanctions for contravention of professional conduct rules

(1) If following an investigation under section 58T the regulatory authority determines that a person who is a registered building control approver has contravened the professional conduct rules, the authority may make one or more disciplinary orders. (2) A disciplinary order is an order— (a) requiring the person to pay a financial penalty of an amount specified in the order, (b) varying the person’s registration in a way specified in the order, (c) suspending the person’s registration for a period specified in the order, or (d) cancelling the person’s registration from a date specified in the order. (3) Varying the person’s registration means varying any of the matters listed in section 58O(3) (limitations and conditions). (4) Where the regulatory authority makes a disciplinary order it must as soon as reasonably practicable— (a) give a copy of the order to the person concerned, and (b) in prescribed cases, give a copy of the order— (i) to each local authority in England, where the regulatory authority is the regulator, or (ii) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (5) The person may appeal to the appropriate court or tribunal against a disciplinary order under this section. (6) A disciplinary order under subsection (2)(a) or (b) has no effect until— (a) the end of the period within which an appeal may be brought, or (b) if an appeal is brought before the end of that period, the determination of the appeal. (7) Where the regulatory authority is the regulator, it must pay into the Consolidated Fund the amount of any financial penalty paid to it pursuant to a disciplinary order under subsection (2)(a). (8) A person whose registration is suspended by an order under subsection (2)(c) is a registered building control approver for the purposes of this Part. (9) See section 58Z6(2) for further provision about cancellation of a person’s registration as a building control approver.

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58V Interim suspension for suspected serious contravention

(1) This section applies where the regulatory authority considers that— (a) a person who is a registered building control approver may have contravened the professional conduct rules, and (b) the suspected contravention is so serious that, if the authority determines that the contravention has occurred, it is likely to make an order under section 58U(2)(d) cancelling the person’s registration. (2) The regulatory authority may by order suspend the person’s registration for a period specified in the order (which must not exceed 3 months). (3) The regulatory authority may revoke the order before the end of that period. (4) Where the regulatory authority makes (or revokes) an order under this section it must as soon as reasonably practicable— (a) give a copy of the order (or notice of the revocation) to the person concerned, and (b) in prescribed cases, give a copy of the order (or notice of the revocation)— (i) to each local authority in England, where the regulatory authority is the regulator, or (ii) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (5) The person may appeal to the appropriate court or tribunal against an order under this section. (6) A person whose registration is suspended by an order under this section is a registered building control approver for the purposes of this Part.

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58W Offence of registered building control approver acting outside scope of registration

(1) A registered building control approver commits an offence if, without reasonable excuse, they exercise a function under this Act, or regulations made under this Act— (a) in relation to work outside the scope of their registration, or (b) while their registration is suspended. (2) A registered building control approver commits an offence if, with intent to deceive, they do anything which implies that work which is outside the scope of their registration is within the scope of their registration. (3) A registered building control approver whose registration is suspended commits an offence if, with intent to deceive, they do anything which implies that their registration is not suspended. (4) For the purposes of this section, work is outside the scope of a registered building control approver’s registration if their registration does not have effect in relation to work of that description. (5) An offence under this section is punishable on summary conviction by a fine.

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58X Offence of pretending to be a registered building control approver

(1) A person who is not a registered building control approver commits an offence if, with intent to deceive, the person— (a) impersonates a registered building control approver, or (b) does anything (including using any name, title or description) which implies that the person is a registered building control approver. (2) An offence under this section is punishable on summary conviction by a fine.

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58Y Delegation of registration functions

(1) The regulatory authority may delegate its registration functions to another person, to such extent and subject to such conditions as it considers appropriate. (2) The regulatory authority’s registration functions are its functions under sections 58B to 58X (and include the charging of any registration fees or recovery of any registration charges). (3) “Registration fees” and “registration charges” mean fees and charges in connection with the regulatory authority’s functions under sections 58B to 58X that are— (a) prescribed by regulations under section 105B, or (b) determined by the regulatory authority in accordance with regulations under that section. (4) The regulatory authority may vary or revoke a delegation. (5) Where the regulatory authority is the regulator, it— (a) may make, vary or revoke a delegation only with the consent of the Secretary of State; (b) must vary or revoke a delegation if directed to do so by the Secretary of State. (6) Section 58Z9 of this Act (sharing of information between regulatory authorities) and Schedule 3 to the Building Safety Act 2022 (information sharing between regulator and other authorities) apply as if references to the regulator included references to a person to whom the regulator has delegated functions under this section. (7) The following provisions of this Act apply as if references to the Welsh Ministers included references to a person to whom the Welsh Ministers have delegated functions under this section— (a) section 58Z9 (sharing of information between regulatory authorities); (b) section 91B (cooperation and sharing of information between Welsh Ministers and other authorities); (c) section 131A (application to the Crown).

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58Z Operational standards rules

(1) The regulatory authority may make rules (“operational standards rules”) applying to local authorities and registered building control approvers in relation to their exercise of building control functions. (2) Operational standards rules may in particular make provision about standards to be met, and practices, procedures or methods to be adopted, in exercising building control functions. (3) In this Part “building control functions”, in relation to a local authority or registered building control approver, means the functions of the authority or approver under this Act and regulations made under it. (4) The operational standards rules may make different provision for different cases (for example, for different descriptions of work). (5) The regulatory authority may revise the operational standards rules at any time. (6) The regulatory authority must publish the operational standards rules (and any revised rules).

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58Z1 Reporting requirements

(1) The regulatory authority may direct local authorities and registered building control approvers to provide it, at specified times or intervals, with specified reports, returns and other information relating to the exercise of their building control functions. (2) “Specified” means specified in the direction. (3) A direction under this section— (a) must be in writing; (b) may be general or specific; (c) may be varied or revoked. (4) A registered building control approver who, without reasonable excuse, fails to comply with a direction under this section commits an offence. (5) An offence under subsection (4) is punishable on summary conviction by a fine.

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58Z2 Information: Wales

(1) This section applies where the Welsh Ministers are the regulatory authority. (2) The Welsh Ministers may by notice in writing require a local authority or registered building control approver to provide the Welsh Ministers with any documents or information relating to the exercise of their building control functions that the Welsh Ministers reasonably require. (3) The notice must specify— (a) the documents or information required, (b) the date by which they must be provided, and (c) the form in which they must be provided. (4) A registered building control approver who, without reasonable excuse, fails to comply with a notice under this section commits an offence. (5) An offence under subsection (4) is punishable on summary conviction by a fine.

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58Z3 Investigations

(1) If it appears to the regulatory authority (on receipt of a complaint or otherwise) that a local authority or registered building control approver may have contravened the operational standards rules, the regulatory authority may investigate the matter. (2) The regulatory authority must prepare and publish a statement of the procedure it will follow when investigating an authority or approver under this section (which must include an opportunity for the authority or approver to make representations). (3) The regulatory authority may revise the statement at any time (and must publish any revised statement).

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58Z4 Improvement notice

(1) The regulatory authority may give an improvement notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the local authority or registered building control approver has contravened operational standards rules. (2) An improvement notice is a notice requiring the local authority or registered building control approver to remedy the contravention by doing, or by refraining from doing, anything specified in the order. (3) An improvement notice may have effect— (a) until it is revoked, or (b) for a period specified in the notice. (4) Where the regulatory authority gives an improvement notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice. (5) Where the regulatory authority gives an improvement notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement— (a) to each local authority in England, where the regulatory authority is the regulator, or (b) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (6) Where the regulatory authority giving an improvement notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State. (7) The local authority or registered building control approver to whom the improvement notice is given may appeal to the appropriate court or tribunal against the notice.

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58Z5 Serious contravention notices

(1) The regulatory authority may give a serious contravention notice to a local authority or a registered building control approver if it appears to the regulatory authority (following an investigation under section 58Z3 or otherwise) that the condition in subsection (2) or (3) is met. (2) The condition in this subsection is that— (a) the local authority or registered building control approver has contravened operational standards rules, and (b) as a result of the contravention the safety of persons in or about buildings has been, or may have been, put at risk. (3) This condition in this subsection is that the local authority or registered building control approver— (a) has been given an improvement notice under section 58Z4, and (b) has failed to remedy the contravention of operational standards rules in respect of which the notice was given. (4) A serious contravention notice is a notice requiring the local authority or registered building control approver to remedy the contravention in question by doing, or by refraining from doing, anything specified in the order. (5) A serious contravention notice may have effect— (a) until it is revoked, or (b) for a period specified in the notice. (6) Where the regulatory authority gives a serious contravention notice, it must also give the local authority or registered building control approver a statement of the reasons for giving the notice. (7) Where the regulatory authority gives a serious contravention notice to a registered building control approver, in prescribed cases it must as soon as reasonably practicable provide copies of the notice and the statement— (a) to each local authority in England, where the regulatory authority is the regulator, or (b) to each local authority in Wales, where the regulatory authority is the Welsh Ministers. (8) Where the regulatory authority giving a serious contravention notice is the regulator, it must as soon as reasonably practicable provide copies of the notice and the statement of reasons to the Secretary of State. (9) The local authority or registered building control approver to whom the serious contravention notice is given may appeal to the appropriate court or tribunal against the notice. (10) A person who, without reasonable excuse, contravenes a serious contravention notice commits an offence and is liable on summary conviction to a fine.

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58Z6 Continuing failure to meet standards: registered building control approvers

(1) This section applies where— (a) the regulatory authority has given a registered building control approver one or more serious contravention notices under section 58Z5, and (b) it appears to the regulatory authority that the way in which the approver exercises their building control functions— (i) falls short of the standards expected, and (ii) puts, or may put, the safety of persons in or about buildings at risk, and is likely to continue to do so. (2) The regulatory authority may cancel the approver’s registration. (3) But before cancelling a registered building control approver’s registration under subsection (2) the regulatory authority must— (a) give the approver notice that it is considering its registration under that subsection, and explain its reasons, and (b) invite the approver to make representations within a period specified in the notice (which must not be less than 14 days). (4) Where the regulatory authority cancels a registered building control approver’s registration under subsection (2) it must as soon as reasonably practicable— (a) notify the approver that it has done so, (b) give the approver a statement of its reasons, and (c) notify— (i) each local authority in England, where the regulatory authority is the regulator, or (ii) each local authority in Wales, where the regulatory authority is the Welsh Ministers. (5) A registered building control approver may appeal to the appropriate court or tribunal against the cancellation of its registration under subsection (2).

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58Z7 Continuing failure to meet standards: local authorities in England

(1) This section applies where— (a) the regulatory authority is the regulator, (b) the regulatory authority has given a local authority one or more serious contravention notices under section 58Z5, and (c) it appears to the regulatory authority that the way in which the local authority exercises their building control functions— (i) falls short of the standards expected, and (ii) puts, or may put, the safety of persons in or about buildings at risk, and is likely to continue to do so. (2) The regulatory authority may recommend to the Secretary of State that the Secretary of State make an order under section 116(4) (transfer of functions to the Secretary of State or another local authority). (3) But before making a recommendation under subsection (2) the regulatory authority must— (a) give the local authority notice that it is considering making a recommendation under that subsection, and explain its reasons, and (b) invite the authority to make representations within a period specified in the notice (which must not be less than 14 days). (4) Where the regulatory authority makes a recommendation under subsection (2) it must as soon as reasonably practicable— (a) notify the local authority that it has done so, and (b) give the local authority a statement of its reasons. (5) A local authority may appeal to the tribunal against a recommendation under subsection (2).

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58Z8 Inspections

(1) The regulatory authority may carry out an inspection of a local authority, or a registered building control approver, in relation to their exercise of building control functions. (2) The purposes for which an inspection may be carried out include— (a) ascertaining the efficiency and effectiveness of the local authority or registered building control approver in exercising their building control functions; (b) verifying any information provided by the local authority or registered building control approver to the regulatory authority, in connection with their building control functions.

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58Z9 Sharing of information between regulatory authorities

(1) The regulator may disclose information held in connection with a function under this Part to the Welsh Ministers for the purposes of— (a) a function of the regulator under this Part, or (b) a function of the Welsh Ministers under this Part. (2) The Welsh Ministers may disclose information held in connection with a function under this Part to the regulator for the purposes of— (a) a function of the Welsh Ministers under this Part, or (b) a function of the regulator under this Part. (3) Except as provided by subsection (4), the disclosure of information under this section does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (4) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).

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58Z10 Appeal to Crown Court

An appeal lies to the Crown Court against a decision of a magistrates’ court under this Part.

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59 Drainage of building.

(1) If it appears to a local authority that in the case of a building— (a) satisfactory provision has not been, and ought to be, made for drainage . . ., (b) a cesspool, private sewer, drain, soil pipe, rain-water pipe, spout, sink or other necessary appliance provided for the building is insufficient or, in the case of a private sewer or drain communicating directly or indirectly with a public sewer, is so defective as to admit subsoil water, (c) a cesspool or other such work or appliance as aforesaid provided for the building is in such a condition as to be prejudicial to health or a nuisance, or (d) a cesspool, private sewer or drain formerly used for the drainage of the building, but no longer used for it, is prejudicial to health or a nuisance, they shall by notice require the owner of the building to make satisfactory provision for the drainage of the building, or, as the case may be, require either the owner or the occupier of the building to do such work as may be necessary for renewing, repairing or cleansing the existing cesspool, sewer, drain, pipe, spout, sink or other appliance, or for filling up, removing or otherwise rendering innocuous the disused cesspool, sewer or drain. (2) Sections 99 and 102 below apply in relation to a notice given under subsection (1) above. (3) Subsections (4), (5) and (6) of section 21 above apply in relation to a drain that a local authority require to be constructed under this section as they apply in relation to such a proposed drain as is mentioned in that section. (4) Subsection (1) above, so far as it empowers a local authority to take action in the cases mentioned in paragraphs (a) and (b) of the subsection, does not apply in relation to a building belonging to statutory undertakers . . . the Civil Aviation Authority or 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 such a body or person for the purpose of that body’s or that person’s undertaking, unless it is— (a) a house, . . . or (b) a building used as offices or showrooms, and not forming part of a railway station ...... . (5) For the purposes of subsection (4) above, the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall be taken to be the person’s undertaking as licence holder. (6) In subsection (1) above, “drainage” includes the conveyance, by means of a sink and any other necessary appliance, of refuse water and the conveyance of rainwater from roofs. (7) Schedule 3 to the Flood and Water Management Act 2010 extends the power under subsection (1)(c) of this section to sustainable drainage systems as defined in regulations under that Schedule.

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60 Use and ventilation of soil pipes.

(1) A pipe for conveying rain-water from a roof shall not be used for the purpose of conveying the soil or drainage from a sanitary convenience. (2) The soil pipe from a water-closet shall be properly ventilated. (3) A pipe for conveying surface water from premises shall not be permitted to act as a ventilating shaft to a drain or sewer conveying foul water. (4) If it appears to the local authority . . . that there is on any premises a contravention of any provision of this section, they may by notice require the owner or the occupier of those premises to execute such work as may be necessary to remedy the matter. (5) Sections 99 and 102 below apply in relation to a notice given under subsection (4) above.

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61 Repair etc, of drain.

(1) No person shall— (a) except in case of emergency, repair, reconstruct or alter the course of an underground drain that communicates with a sewer, or with a cesspool or other receptacle for drainage, or (b) where in a case of emergency any such works have been executed without notice, cover over the drain or sewer, without giving to the local authority at least 24 hours’ notice of his intention to do so. (2) While any such work as aforesaid is being executed, all persons concerned shall permit the proper officer, or any other authorised officer, of the local authority to have free access to the work. (3) A person who fails to comply with this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) This section does not apply to— (a) so much of a drain or sewer constructed by, or belonging to, a railway company as runs under, across or along their railway, or (b) so much of a drain or sewer constructed by, or belonging to, dock undertakers as is situated in or on land of the undertakers that is held or used by them for the purposes of their undertaking.

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62 Disconnection of drain.

(1) Where a person— (a) reconstructs in the same or a new position a drain that communicates with a sewer or another drain, (b) executes any works to such a drain so as permanently to discontinue its use, or (c) executes any works on premises served by such a drain so as permanently to discontinue its use, he shall cause any drains or parts of drains thereby becoming disused or unnecessary to be disconnected and sealed at such points as the local authority may resonably require. (2) Any question as to the reasonableness of a requirement of a local authority under this section shall be determined by the appropriate court or tribunal, and the court or tribunal may vary the requirement as it thinks fit. (3) No one shall be required under this section to carry out any work in land outside the premises served by the drain if he has not right to carry out that work, but, subject to section 101 below, the person undertaking the reconstruction of the drain or the execution of the works may break open any street for the purpose of complying with a requirement under this section. (4) Before a person complies with a requirement under this section, he shall give at least 48 hours’ notice to the local authority, and a person who fails to comply with this subsection is liable on summary conviction to a fine not exceeding level 1 on the standard scale. (5) A person who knowingly fails to comply with subsection (1) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £1 for each day on which the default continues after he is convicted. (6) This section does not apply in relation to anything done in the course of the demolition of a building, or of part of a building, being a demolition as respects which the local authority have power under section 81 below to serve a notice on the person undertaking the demolition.

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