ukpga/1984/55 — Building Act 1984

Building Act 1984 1984 c. 55 An Act to consolidate certain enactments concerning building and buildings and related matters. [31st October 1984] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part I Building Regulations Power to make building regulations Power to make building regulations. 1 1 The appropriate national authority may, for any of the purposes of— a securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings, b furthering the conservation of fuel and power, c preventing waste, undue consumption, misuse or contamination of water, d furthering the protection or enhancement of the environment, e facilitating sustainable development, or f furthering the prevention or detection of crime, make regulations with respect to the matters mentioned in subsection (1A) below . 1A Those matters are— a the design and construction of buildings; b the demolition of buildings; c services, fittings and equipment provided in or in connection with buildings. 2 Regulations made under subsection (1) above are known as building regulations. 3 Schedule 1 to this Act has effect with respect to the matters as to which building regulations may provide. 4 The power to make building regulations is exercisable by statutory instrument, which is — a in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament; b in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru. Buildings of special historical or architectural interest 1A 1 In making building regulations the appropriate national authority shall have regard, in particular, to the desirability of preserving the character of protected buildings that are of special historical or architectural interest. 2 In this section “ protected buildings ” means— a listed buildings within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990 (see section 1(5) of that Act) or the Historic Environment (Wales) Act 2023 (see section 76 of that Act) ; and b buildings situated in areas designated as conservation areas under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or under section 158 of the Historic Environment (Wales) Act 2023 . Continuing requirements. 2 1 Building regulations may impose on owners and occupiers of buildings to which building regulations are applicable such continuing requirements as the appropriate national authority considers appropriate for securing, with respect to any provision of building regulations designated in the regulations as a provision to which those requirements relate, that the purposes of that provision are not frustrated; but a continuing requirement imposed by virtue of this subsection does not apply in relation to a building unless a provision of building regulations so designated as one to which the requirement relates applies to that building. 2 Building regulations may impose on owners and occupiers of buildings of a prescribed class (whenever erected, and whether or not any building regulations were applicable to them at the time of their erection) continuing requirements with respect to all or any of the following matters— a the conditions subject to which any services, fittings or equipment provided in or in connection with a building of that class may be used, b the inspection and maintenance of any services, fittings or equipment so provided, c the making of reports to a prescribed authority on the condition of any services, fittings or equipment so provided, and so much of paragraph 8 of Schedule 1 to this Act as restricts the application of building regulations does not apply to regulations made by virtue of this subsection. 3 If a person contravenes a continuing requirement imposed by virtue of this section, the building control authority , without prejudice to their right to take proceedings for a fine in respect of the contravention, may— a execute any work or take any other action required to remedy the contravention, and b recover from that person the expenses reasonably incurred by them in so doing. 4 Where a building control authority have power under subsection (3) above to execute any work or take any other action, they may, instead of exercising that power, by notice require the owner or the occupier of the building to which the contravention referred to in that subsection relates to execute that work or take that action. 5 Sections 99 and 102 below apply in relation to a notice given under subsection (4) above, subject to the modification that references in those sections to the execution of works are references to the execution of works or the taking of other action, and references to works shall be construed accordingly. 6 Sections 8, 9, 10 and 39 below have effect in relation to continuing requirements imposed by virtue of this section subject to the modification that a direction under the said sections 8 and 9 below shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction. Continuing requirements in relation to fuel, power and emissions 2A 1 Building regulations may impose, on owners and occupiers of buildings, continuing requirements that fall within subsection (2) below. 2 A continuing requirement falls within this subsection if— a it requires the inspection and testing of a building— i as respects the use of fuel and power in or in connection with the building; or ii as respects its contribution to or effect on emissions (whether or not from the building) of smoke, gases, vapours or fumes; b it requires the inspection and testing of any service, fitting or equipment provided in or in connection with a building— i as respects the use of fuel and power in or in connection with the service, fitting or equipment; or ii as respects its contribution to or effect on emissions (whether or not from it or the building) of smoke, gases, vapours or fumes; c it requires the implementation, in relation to a building, or any service, fitting or equipment provided in or in connection with a building, of— i measures for the purpose mentioned in section 1(1)(b) above; or ii measures (otherwise than for that purpose) that are calculated to secure, or to contribute to, the prevention or reduction of emissions (whether or not from the building in question or a thing provided in or in connection with it) of smoke, gases, vapours or fumes; d it requires the keeping of records in relation to matters within paragraph (a), (b) or (c); or e it requires the making of reports in relation to any of those matters to a prescribed authority. 3 Those requirements may be imposed in the case of buildings, or in the case of services, fittings and equipment provided in or in connection with buildings, irrespective of both— a when the buildings were erected; and b whether building regulations were applicable to them at the time of their erection. 4 Subsections (3) to (6) of section 2 above apply in relation to continuing requirements imposed by virtue of this section as they apply in relation to continuing requirements imposed by virtue of that section. 5 Paragraph 8(2) of Schedule 1 to this Act does not impose any restriction on the building regulations that may be made by virtue of this section. Optional requirements 2B 1 Building regulations made by the Secretary of State in relation to England may include a requirement that applies only where a planning authority makes compliance with the requirement a condition of a grant of planning permission. 2 In the following provisions of this section, a requirement included in building regulations by virtue of subsection (1) is referred to as an “ optional requirement ”. 3 Building regulations may specify that an optional requirement is capable of applying only in respect of development of a kind described in the regulations. 4 Building regulations may specify conditions that must be satisfied before a planning authority may make compliance with an optional requirement a condition of the grant of planning permission. 5 Building regulations may specify the steps that a planning authority must take to inform a person subject to an optional requirement of the requirement. 6 Where building regulations include an optional requirement that would (to any extent) be inconsistent with another requirement imposed by the regulations, the building regulations must provide— a that the other requirement does not apply in any case where the optional requirement applies, or b that the other requirement applies in any such case with modifications specified in the regulations. 7 In this section — “ development ” has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act); “ planning authority ” means— a local planning authority within the meaning of that Act (see section 336(1)); the Secretary of State (in the exercise of functions of granting planning permission); “ planning permission ” has the same meaning as in that Act (see section 336(1)). Duty to review minimum energy performance requirements Review of minimum energy performance requirements 2C The Secretary of State must carry out a review of any minimum energy performance requirements approved by the Secretary of State under building regulations in relation to dwellings in England. Exemption from building regulations Exemption of particular classes of buildings etc. 3 1 Building regulations may exempt a prescribed class of buildings, services, fittings or equipment from all or any of the provisions of building regulations. 2 The appropriate national authority may by direction exempt from all or any of the provisions of building regulations— a a particular building, or b buildings of a particular class at a particular location, either unconditionally or subject to compliance with any conditions specified in the direction. 2A The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under subsection (2). 2B Before making a proposal, the regulator must consult such persons as it considers appropriate. 2C Before giving a direction under subsection (2), other than a direction proposed by the regulator, the Secretary of State must consult— a the regulator, and b any other person that the Secretary of State considers appropriate. 3 A person who contravenes a condition specified in a direction given under subsection (2) above, or permits such a condition to be contravened, is liable on summary conviction to a fine ..., and to a further fine not exceeding level 1 on the standard scale for each day on which the offence continues after he is convicted. Exemption of educational buildings and buildings of statutory undertakers. 4 1 Nothing in this Part of this Act with respect to building regulations, and nothing in any building regulations, applies in relation to— a a building required for the purposes of a school or other educational establishment erected or to be erected according to i plans that have been approved by the appropriate national authority , ii particulars submitted and approved under regulations made under section 544 of the Education Act 1996, iii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b a building belonging to statutory undertakers, the United Kingdom Atomic Energy Authority . . . or the Civil Aviation Authority and held or used by them for the purposes of their undertaking, unless it is— i a house, . . . or ii a building used as offices or showrooms, and not forming part of a railway station ... ... or a building belonging to a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services) and held or used by the person for the purpose of carrying out activities authorised by the licence, unless it is— a house, or a building used as offices or showrooms. 2 The words “ the United Kingdom Atomic Energy Authority, ” in subsection (1)(b) above (together with paragraph 4 of Schedule 6 to this Act) cease to have effect upon the coming into force of the repeal of section 5(5) of the Atomic Energy Authority Act 1954 contained in Schedule 7 to this Act. Exemption of public bodies from procedural requirements of building regulations. 5 1 Building regulations may exempt— a a local authority, b a county council, or c any other body that acts under an enactment for public purposes and not for its own profit and is prescribed for the purposes of this section, from compliance with any requirements of those regulations that are not substantive requirements. 2 A local authority, county council or other body that is exempted as mentioned in subsection (1) above is in subsection (3) below referred to as an “exempt body”. 3 Without prejudice to the obligation of an exempt body to comply with substantive requirements of building regulations, the function of enforcing building regulations that is conferred on local authorities by section 91(2) below is not exercisable in relation to work carried out by an exempt body, and accordingly— a nothing in section 36(1) to (5) below applies in relation to work so carried out, and b a local authority may not institute proceedings under section 35 below for a contravention ... by an exempt body. 3A In relation to higher-risk building work in England— a exemptions under subsection (1) have no effect (and accordingly bodies must comply with requirements applicable to such work, whether substantive or not), and b subsection (3) has no effect (and accordingly the provisions mentioned in that subsection are not disapplied or otherwise affected by it in relation to such work). 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved documents Approval of documents for purposes of building regulations. 6 1 For the purpose of providing practical guidance with respect to the requirements of any provision of building regulations, the appropriate national authority or a body designated by the appropriate national authority for the purposes of this section may— a approve and issue any document (whether or not prepared by the appropriate national authority or by the body concerned), or b approve any document issued or proposed to be issued otherwise than by the appropriate national authority or by the body concerned, if in the opinion of the appropriate national authority or, as the case may be, the body concerned the document is suitable for that purpose. 2 References in this section and section 7 below to a document include references to a part of a document; and accordingly, in relation to a document of which part only is approved, a reference in the following provisions of this section or in section 7 below to the approved document is a reference only to the part of it that is approved. 3 An approval given under subsection (1) above takes effect in accordance with a notice that is issued by the appropriate national authority or, as the case may be, the body giving the approval and that— a identifies the approved document in question, b states the date on which the approval of it is to take effect, and c specifies the provisions of building regulations for the purposes of which the document is approved. 4 The appropriate national authority or, as the case may be, the body that gave the approval may— a from time to time approve and issue a revision of the whole or any part of an approved document issued by ... it for the purposes of this section, and b approve any revision or proposed revision of the whole or any part of an approved document, and subsection (3) above, with the necessary modifications, applies in relation to an approval that is given under this subsection to a revision as it applies in relation to an approval that is given under subsection (1) above to a document. 5 The appropriate national authority or, as the case may be, the body that gave the approval may withdraw ... its approval of a document under this section; and such a withdrawal of approval takes effect in accordance with a notice that is issued by the appropriate national authority or body concerned and that— a identifies the approved document in question, and b states the date on which the approval of it is to cease to have effect. 5A A notice under subsection (3) or (5) may contain transitional or saving provision (and different provision may be made for different purposes or for different areas). 5B A body may give an approval under subsection (1) or (4), or withdraw an approval under subsection (5), only with the consent of the appropriate national authority. 6 References in subsections (4) and (5) above and in section 7 below to an approved document are references to that document as it has effect for the time being, regard being had to any revision of the whole or any part of it that has been approved under subsection (4) above. 7 Where a body ceases to be a body designated by the appropriate national authority for the purposes of this section, subsections (4) and (5) above have effect as if any approval given by that body had been given by the Secretary of State. 8 The power to designate a body for the purposes of this section is exercisable by order made by statutory instrument, which is — a in the case of a statutory instrument made by the Secretary of State, subject to annulment in pursuance of a resolution of either House of Parliament; b in the case of a statutory instrument made by the Welsh Ministers, subject to annulment in pursuance of a resolution of Senedd Cymru. 9 An order under subsection (8) may provide that a body is designated only in relation to— a buildings of a specified description; b work of a specified description; c specified provisions of building regulations. Compliance or non-compliance with approved documents. 7 1 A failure on the part of a person to comply with an approved document does not of itself render him liable to any civil or criminal proceedings; but if, in any proceedings whether civil or criminal, it is alleged that a person has at any time contravened a provision of building regulations— a a failure to comply with a relevant approved document may be relied upon as tending to establish liability, and b proof of compliance with such a document may be relied on as tending to negative liability. 1A In subsection (1) “ relevant approved document ” means a document approved for the purposes of the provision that applies in relation to the work in question. 2 In any proceedings, whether civil or criminal— a a document purporting to be a notice issued as mentioned in section 6(3) above shall be taken to be such a notice unless the contrary is proved, and b a document that appears to the court or tribunal to be the approved document to which such a notice refers shall be taken to be that approved document unless the contrary is proved. Relaxation of building regulations Relaxation of building regulations. 8 1 Subject to this section, the appropriate national authority , if on an application for a direction under this section it considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case to which the application relates, may after consultation with the local authority, give a direction dispensing with or relaxing that requirement. 2 If building regulations so provide as regards a requirement contained in the regulations, the power to dispense with or relax that requirement under subsection (1) above is exercisable by the local authority (instead of by the appropriate national authority after consultation with the local authority). 3 Building regulations made by virtue of subsection (2) above may except applications of any description. 3A If, in a case where the regulator is the building control authority— a an application for a direction under this section is made to the regulator, and b the regulator considers that the operation of a requirement in building regulations would be unreasonable in relation to the particular case, it may give a direction dispensing with or relaxing the requirement. 3B No application under subsection (1) or (2) may be made in a case where the regulator is the building control authority. 4 If— a building regulations so provide as regards any requirement contained in the regulations, and b a public body considers that the operation of any such requirement would be unreasonable in relation to any particular work carried out or proposed to be carried out by or on behalf of the public body, the public body may give a direction dispensing with or relaxing that requirement. 5 In subsection (4) above, “ public body ” means— a a local authority. b a county council, or c any other body that is prescribed for the purposes of section 5 above. 6 Building regulations may provide as regards a requirement contained in the regulations that subsections (1) to (5) above do not apply. Application for relaxation. 9 1 An application under section 8(1) , (2) or (3A) shall be in such form and shall contain such particulars as may be prescribed. 2 An application under section 8(1) or (2) shall be made to the local authority, and, except where the power of giving the direction is exercisable by the local authority, the local authority shall at once transmit the application to the appropriate national authority and give notice to the applicant that it has been so transmitted. 3 An application by a local authority in connection with a building or proposed building in the area of that authority shall be made to the appropriate national authority , except where the power of giving the direction is exercisable by that authority or in a case where the regulator is the building control authority. . 4 Schedule 2 to this Act has effect as regards as application for a direction that will affect the application of building regulations to work that has been carried out before the making of the application. Advertisement of proposal for relaxation of building regulations. 10 1 Not less than 21 days before giving a direction under section 8(1), (2) , (3A) or (4) above in respect of any particular work, the appropriate national authority , the building control authority or the public body, as the case may be shall publish in a local newspaper circulating in the area where the site of the work is situated a notice— a indicating the situation and nature of the work and the requirement to be dispensed with or relaxed, and b stating that representations with regard to the effect that the direction may have on public health or safety may be made by a date specified in the notice, being a date not less than 21 days from the date of the notice. and, where the direction is proposed to be made on an application, the appropriate national authority or the local authority building control authority may, as a condition of entertaining the application, require the applicant to pay or undertake to pay the cost of publication. 2 No notice need be published under the subsection (1) above where in appears to the appropriate national authority , the building control authority or the public body, as the case may be, that any effect that the direction may have on public health or safety will be limited to premises adjoining the site of the work, but in that case ... it shall give such a notice to the owner and occupier of those premises. 3 No notice need be published or given under subsection (1) or (2) above where the work affects only an internal part of a building. 4 The appropriate national authority may, instead of ... publishing or giving a notice under subsection (1) or (2) above, require the local authority to give or publish the notice. 5 Before giving the direction, the appropriate national authority , the building control authority or the public body shall consider any representation duly made in pursuance of a notice published or given under subsection (1) or (2) above. 6 If, after a local authority have received representations under this section, they refuse the application to which the representations relate and an appeal is brought against their refusal the local authority shall transmit copies of the representations to— a the regulator, in the case of a local authority for an area in England; b the Welsh Ministers, in the case of a local authority for an area in Wales. Type relaxation of building regulations. 11 1 If the appropriate national authority considers that the operation of a requirement of building regulations would be unreasonable in relation to a particular type of building matter, the authority may, either on an application made by any person (the “original applicant”) or of its own accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either— a unconditionally, or b subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation. 2 A direction under subsection (1) above— a if it so provides, ceases to have effect at the end of such period as may be specified in the direction, b may , either on an application or of the appropriate national authority’s own accord, be varied or revoked by a subsequent direction of the appropriate national authority . 3 Building regulations may require a person making an application under subsection (1) or (2)(b) above to pay the appropriate national authority the prescribed fee, and— a without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and b the appropriate national authority may in a particular case remit the whole or part of a fee payable by virtue of this subsection. 3A The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under this section. 3B Before making a proposal, the regulator must consult— a such persons as it considers appropriate, and b if the proposal is for a direction that would vary or revoke a direction given on an application under subsection (1), the original applicant. 3C Before giving a direction under this section, other than a direction proposed by the regulator, the Secretary of State must consult— a the regulator, b any other person the Secretary of State considers appropriate, and c if the direction would vary or revoke a direction given on an application under subsection (1), the original applicant. 4 Before giving a direction under subsection (1) or (2)(b), the Welsh Ministers must consult such persons as they consider appropriate. 5 Where the appropriate national authority gives a direction under subsection (1) or (2)(b), it must publish notice of that fact in such way as it considers appropriate. 6 A person who contravenes a condition specified in a direction given under subsection (1) above, or permits such a condition to be contravened, is liable on summary conviction to a fine ... and to a further fine not exceeding level 1 on the standard scale for each day on which the offence continues after he is convicted. 7 If at any time a direction under subsection (1) above dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of subsection (2)(a) above, or is varied or revoked under subsection (2)(b) above, that fact does not affect the continued operation of the direction (with any conditions specified in it) in a case in which an application for building control approval in relation to the proposed work was made before that time. 8 In this section, “ building matter ” means any building or other matter whatsoever to which building regulations are in any circumstances applicable. Type approval of building matter Power of appropriate national authority to approve type of building matter. 12 1 This section has effect with a view to enabling the appropriate national authority , either on an application made by any person (the “original applicant”) or of its own accord, to approve a particular type of building matter as complying, either generally or in a class of case, with particular requirements of building regulations. 2 An application for the approval under subsection (1) above of a type of building matter shall comply with any requirements of building regulations as to the form of such applications and the particulars to be included in them. 3 Where under subsection (1) above the appropriate national authority approves a type of building matter as complying with particular requirements of building regulations either generally or in a class of case, it may issue a certificate to that effect specifying— a the type of building matter to which the certificate relates, b the requirements of building regulations to which the certificate relates, and c where applicable, the class or classes of case to which the certificate applies. 4 A certificate under subsection (3) above, if it so provides, ceases to have effect at the end of such period as may be specified in the certificate. 5 If, while a certificate under subsection (3) above is in force, it is found, in a particular case involving building matter of the type to which the certificate relates, that— a the building matter in question is of that type, and b the case is one to which the certificate applies, that building matter shall in that particular case be deemed to comply with the requirements of building regulations to which the certificate relates. 6 The appropriate national authority may vary a certificate under subsection (3) above, either on an application made to it or of its own accord. 7 Building regulations may require a person making an application under subsection (1), (6) or (8) to pay the appropriate national authority the prescribed fee, and— a without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and b the appropriate national authority may in a particular case remit the whole or part of a fee payable by virtue of this subsection. 8 The appropriate national authority may revoke a certificate issued under subsection (3) above, either on an application or of the appropriate national authority’s own accord. 8A The regulator may at any time make a proposal to the Secretary of State for— a the giving of an approval under subsection (1), or b the varying or revocation of a certificate under subsection (6) or (8). 8B Before making a proposal, the regulator must consult— a such persons as it considers appropriate, and b if the proposal is to vary or revoke a certificate issued on an application under subsection (1), the original applicant. 8C Before giving an approval or varying or revoking a certificate under this section, unless acting on a proposal of the regulator, the Secretary of State must consult— a the regulator, b any other person the Secretary of State considers appropriate, and c if varying or revoking a certificate issued on an application under subsection (1), the original applicant. 8D Before varying or revoking a certificate issued on an application under subsection (1), the Welsh Ministers must give the original applicant reasonable notice that they propose to do so (except in the case of a variation or revocation made on the application of that person). 9 Where the appropriate national authority issues a certificate under subsection (3) above or varies or revokes a certificate so issued, it shall publish notice of that fact in such manner as it thinks fit. 10 If at any time a certificate under subsection (3) above ceases to have effect by virtue of subsection (4) above, or is varied or revoked under subsection (6) or (8) above, that fact does not affect the continued operation of subsection (5) above by virtue of that certificate in a case in which an application for building control approval in relation to the proposed work was made before that time. 11 For the purposes of subsection (3) above, or of any variation of a certificate under subsection (6) above, a class of case may be framed in any way that the appropriate national authority thinks fit. 12 In this section, “ building matter ” has the same meaning as in section 11 above. Delegation of power to approve. 13 1 The appropriate national authority may be building regulations delegate to a person or body, to such extent and subject to such conditions as the appropriate national authority may think fit, the powers of approval conferred ... by section 12 above. 2 So far as those powers are for the time being so delegated to a person or body, section 12 above, except subsection (7) as far as the end of paragraph (a), and any building regulations made by virtue of subsection (7) shall (subject to any prescribed conditions) have effect in relation to that person or body with the substitution of references to that person or body for references to the appropriate national authority . Consultation Consultation with Building Regulations Advisory Committee and other bodies : Wales 14 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The Welsh Ministers shall appoint a committee, to be known as the Building Regulations Advisory Committee for Wales, for the purpose of advising them on the exercise of their power to make building regulations, and on other subjects connected with building regulations. 6 The Welsh Ministers may pay such expenses incurred by members of the Building Regulations Advisory Committee for Wales as the Welsh Ministers may determine. 7 Before making any building regulations containing substantive requirements, the Welsh Ministers shall consult the Building Regulations Advisory Committee for Wales and any other person that the Welsh Ministers consider appropriate. 8 Before making any building regulations containing provision of the kind authorised by paragraph 11(1)(c) of Schedule 1 to this Act, the Welsh Ministers shall consult— a the Building Regulations Advisory Committee for Wales, b such persons as appear to them to be representative of local authorities in Wales, and c any other person that the Welsh Ministers consider appropriate. Consultation with fire authority. 15 1 Where, in the case of a requirement as to— a structural fire precautions, b the provision of means of escape from buildings in case of fire, or c the provision of means for securing that such means of escape can be safely and effectively used at all material times, contained in building regulations, the power to dispense with or relax that requirement conferred by section 8(1) above is by virtue of section 8(2) above exercisable by a local authority, or a public body proposes to exercise the power conferred on it by section 8(4) above, the local authority or public body, if they are not the fire and rescue authority , shall before exercising the power in relation to any premises or proposed premises consult the fire and rescue authority . 2 In subsection (1) above, “ public body ” has the meaning given by section 8(5) above. 3 As regards a requirement of a kind mentioned in subsection (1), the regulator must consult the fire and rescue authority before exercising the power under section 8(3A) in relation to any premises or proposed premises. Building control approval Passing or rejection of plans. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval of persons to give certificates etc. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Use of short-lived materials. 19 1 Where an application for building control approval in respect of a proposed building is made to a building control authority, and it appears that it is proposed to construct a building of materials to which this section applies, or to place or assemble on the site a building constructed of such materials, the authority may, notwithstanding that the application conforms with the regulations— a reject the application , or b in granting the application — i fix a period on the expiration of which the building must be removed, and ii impose with respect to the use of the building such reasonable conditions, if any, as having regard to the nature of the materials used in its construction they deem appropriate, but no condition shall be imposed that conflicts with any condition imposed on the grant of planning permission for that building under Part III of the Town and Country Planning Act 1990 . 2 If a building in respect of which an application for building control approval ought to have been made but was not made appears to the authority to be constructed of such materials as aforesaid, the authority, without prejudice to their right to take proceedings in respect of any contravention of the regulations, may— a fix a period on the expiration of which the building must be removed, and b if they think fit, impose such conditions with respect to the use of the building as might have been imposed under subsection (1) above upon the granting of such an application . and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the building. 3 A building control authority may from time to time extend any period fixed, or vary any conditions imposed, under this section; but, unless an application in that behalf is made to them by the owner of the building in question, they shall not exercise their power of varying conditions except when granting an extension, or further extension, of the period fixed with respect to the building. 4 A person aggrieved by the action of a building control authority under this section in rejecting an application , or in fixing or refusing to extend any period, or in imposing or refusing to vary any conditions, may appeal to the appropriate court or tribunal . 5 The owner of a building in respect of which a period has been fixed under this section shall, on the expiration of that period, or, as the case may be, of that period as extended, remove the building, and, if he fails to do so— a the building control authority shall remove it and may recover from him the expenses reasonably incurred by them in so doing, and b without prejudice to the right of the authority to exercise that power, he is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £5 for each day during which the building is allowed to remain after he is convicted. 6 A person who uses a building in contravention of a condition imposed under this section, or who permits a building to be so used, is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £5 for each day on which the offence continues after he is convicted. 7 Building regulations may provide that this section applies to any materials specified in the regulations as being materials that are, in the absence of special care, liable to rapid deterioration, or are otherwise unsuitable for use in the construction of permanent buildings. 8 This section applies in relation to an extension of an existing building as it applies in relation to a new building. 9 This section ceases to have effect upon the coming into force of section 20 below (which supersedes it). Use of materials unsuitable for permanent building. 20 1 Where an application for building control approval in respect of any proposed work is made to a building control authority, and it appears that the proposed work would include or consist of work to which this section applies, the authority may, notwithstanding that the application conforms with the regulations— a reject the application , or b in granting the application — i fix a period on the expiration of which the work to which this section applies or the relevant building (as the authority may in granting the application direct) must be removed, and ii if they think fit, impose with respect to the use of the relevant building or with respect to the work to which this section applies such reasonable conditions, if any, as they consider appropriate, but no condition as to the use of the relevant building shall be imposed that conflicts with any condition imposed or having effect as if imposed under Part III or Part VIII of the Town and Country Planning Act 1990 or under the Planning (Listed Buildings and Conservation Areas) Act 1990 , Part 3 of the Historic Environment (Wales) Act 2023 or the Planning (Hazardous Substances) Act 1990 . 2 If, in the case of any work in respect of which an application for building control approval ought to have been made but was not made , the work appears to the authority to include or consist of work to which this section applies, the authority, without prejudice to their right to take proceedings in respect of any contravention of the regulations, may— a fix a period on the expiration of which the work to which this section applies or the relevant building (as the authority may in fixing the period direct) must be removed, and b if they think fit, impose any conditions that might have been imposed under subsection (1) above in granting the application for the first-mentioned work, and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building. 3 If, in the case of any work appearing to the building control authority to fall within subsection (9)(b) below, an application for building control approval was not required by building regulations to be made and was not made , the authority may at any time within 12 months from the date of completion of the work— a fix a period on the expiration of which the work must be removed, and b if they think fit, impose any conditions that, if an application for building control approval in respect of the work had been required to be made and had been made, might have been imposed under subsection (1) in granting the application, and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building. 4 A building control authority may from time to time extend any period fixed, or vary any conditions imposed, under this section, but, unless an application in that behalf is made to them by the owner of the relevant building, they shall not exercise their power of varying conditions so imposed except when granting an extension or futher extension of the period fixed with respect to the work or building, as the case may be. 5 A person aggrieved by the action of a building control authority under this section— a in rejecting an application , b in fixing or refusing to extend any period, or c in imposing or refusing to vary any conditions, may appeal .... 5A The appeal is to be made to— a the regulator, in the case of action by a local authority for an area in England; b the tribunal, in the case of action by the regulator; c the Welsh Ministers, in the case of action by a local authority for an area in Wales. 6 Where a period has been fixed under this section with respect to any work to which this section applies or with respect to the relevant building— a the owner of that building shall on the expiration of that period, or, as the case may be, of that period as extended, remove the work or building with respect to which the period was fixed, and b if he fails to do so, the building control authority may remove that work or building, as the case may be, and may recover from him the expenses reasonably incurred by them in doing so. 7 A person who— a contravenes a condition imposed under this section or permits such a condition to be contravened, or b contravenes subsection (6) above, is liable on summary conviction to a fine ... and to a further fine not exceeding level 1 on the standard scale for each day on which the offence continues or, as the case may be, on which the work or building is allowed to remain after he is convicted; but this subsection does not prejudice a local authority’s rights under subsection (6) above. 8 In this section, “ the relevant building ” means, in any particular case, the building mentioned in paragraph (a) or, as the case may be, paragraph (b) of subsection (9) below. 9 This section applies to— a any work consisting of a part of a building, being a part in the construction of which there is used any material or component of a type that, in relation to a part of that description, is prescribed for the purposes of this paragraph under subsection (10) below, and b any work provided in or in connection with a building, being work consisting of a service, fitting or item of equipment of a type so prescribed for the purposes of this paragraph. 10 The appropriate national authority may by building regulations— a prescribe a type of material or component for the purposes of subsection (9)(a) above if in its opinion materials or components of that type are likely to be unsuitable for use in the construction of a particular part of a permanent building in the absence of conditions with respect to the use of the building or with respect to any material or component of that type used in the construction of a part of that description, b prescribe a type of service, fitting or equipment for the purposes of subsection (9)(b) above if in its opinion services, fittings or equipment of that type are likely to be unsuitable for provision in or in connection with a permanent building in the absence of conditions with respect to the use of the building or with respect to a service, fitting or equipment of that type so provided. 11 Upon section 19 above ceasing to have effect— a any building regulations made, period fixed, condition imposed or other thing done by virtue of the said section 19 shall be deemed to have been made, fixed, imposed or done by virtue of this section, and b anything begun under the said section 19 may be continued under this Act as if begun under this section, but any appeal under section 19(4) that is pending at the time when the said section 19 ceases to have effect, and any proceedings arising out of such an appeal, shall proceed as if that section were still in force. Provision of drainage. 21 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Any question arising under subsection (4) below between a building control authority and the person by whom, or on whose behalf, an application for building control approval is made as to whether a proposed drain shall be required to connect with a sewer may on the application of that person be determined by the appropriate court or tribunal . 4 Where an application for building control approval in respect of a building or an extension of a building is made to a building control authority , the building control authority , or on appeal the appropriate court or tribunal , may require a proposed drain to connect with a sewer where — a that sewer is within one hundred feet of the site of the building or, in the case of an extension, the site either of the extension or of the original building, and is at a level that makes it reasonably practicable to construct a drain to communicate with it, and, if it is not a public sewer, is a sewer that the person constructing the drain is entitled to use, and b the intervening land is land through which that person is entitled to construct a drain. 5 Notwithstanding paragraph (a) of subsection (4) above, a drain may be required to be made to connect with a sewer that is not within the distance mentioned in that paragraph, but is otherwise such a sewer as is therein mentioned, if the authority undertake to bear so much of the expenses reasonably incurred in constructing, and in maintaining and repairing, the drain as may be attributable to the fact that the distance of the sewer exceeds the distance so mentioned. 6 If any question arises as to the amount of a payment to be made to a person under subsection (5) above, that question may on his application be determined by the appropriate court or tribunal , or he may require it to be referred to arbitration. 7 This section does not apply to works in connection with which approval is required in accordance with Schedule 3 to the Flood and Water Management Act 2010 (sustainable drainage). Drainage of buildings in combination. 22 1 Where— a a building control authority might under section 21 above require each of two or more buildings to be drained separately into an existing sewer, but b it appears to the authority that those buildings may be drained more economically or advantageously in combination, the authority may, when the drains of the buildings are first laid, require that the buildings be drained in combination into the existing sewer by means of a private sewer to be constructed either by the owners of the buildings in such manner as the authority may direct or, if the authority so elect, by the authority on behalf of the owners. 2 A building control authority shall not, except by agreement with the owners concerned, exercise the power conferred by subsection (1) above in respect of any building if building control approval has been given in respect of work comprising drainage for the building. 3 A building control authority who make such a requirement as aforesaid shall fix— a the proportions in which the expenses of constructing, and of maintaining and repairing, the private sewer are to be borne by the owners concerned, or b in a case in which the distance of the existing sewer from the site of any of the buildings in question is or exceeds one hundred feet, the proportions in which those expenses are to be borne by the owners concerned and the building control authority , and shall forthwith give notice of their decision to each owner affected. 4 An owner aggrieved by the decision of a building control authority under subsection (3) above may appeal to the appropriate court or tribunal . 5 Subject to any such appeal— a any expenses reasonably incurred in constructing, or in maintaining or repairing, the private sewer shall be borne in the proportions so fixed, and b those expenses, or, as the case may be, contributions to them, may be recovered accordingly by the persons, whether the building control authority or the owners, by whom they were incurred in the first instance. 6 A sewer constructed by a building control authority under this section is not deemed a public sewer by reason of the fact that the expenses of its construction are in the first instance defrayed by the authority, or that some part of those expenses is borne by them. Provision of facilities for refuse. 23 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 It is unlawful for any person except with the consent of the building control authority to close or obstruct the means of access by which refuse or faecal matter is removed from a building, and the building control authority in giving their consent may impose such conditions as they think fit with respect to the improvement of an alternative means of access or the substitution of other means of access. 4 A person who contravenes subsection (3) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale. Provision of exits etc. 24 1 Where— a an application for building control approval in respect of a building or an extension of a building is made to a building control authority , and b the building or, as the case may be, the building as extended will be a building to which this section applies, the authority shall reject the application unless they show that the building, or, as the case may be, the building as extended, will be provided with such means of ingress and egress and passages or gangways as the authority, after consultation with the fire and rescue authority , deem satisfactory, regard being had to the purposes for which the building is intended to be, or is, used and the number of persons likely to resort to it at any one time. 2 Any question arising under subsection (1) above between a building control authority and the person by whom, or on whose behalf, an application for building control approval is made as to whether the means of ingress or egress or passages or gangways already existing, or proposed to be provided, ought to be accepted by the authority as satisfactory may on the application of that person be determined by the appropriate court or tribunal . 3 Where building regulations imposing requirements as to the provision of means of escape in case of fire are applicable to a proposed building or proposed extension of a building, or would be so applicable but for a direction under section 8 above dispensing with such requirements— a this section, and b any provision of a local Act that has effect in place of this section, does not apply in relation to the proposed building or extension. 4 Subject to subsection (3) above, this section applies to— a a theatre, and a hall or other building that is used as a place of public resort, b a restaurant, shop, store or warehouse to which members of the public are admitted and in which more than twenty persons are employed, c premises in respect of which a club premises certificate has effect under the Licensing Act 2003, d a school not exempted from the operation of building regulations, and e a church, chapel or other place of public worship but not— i a private house to which members of the public are admitted occasionally or exceptionally, ii a building that was used as a church, chapel or other place of public worship immediately before the date on which section 36 of the Public Health Acts Amendment Act 1890, or a corresponding provision in a local Act, came into operation in the district or rating district, or iii a building that was so used immediately before the 1st October 1937 (the date of commencement of the Public Health Act 1936) in a district or rating district where neither the said section 36 nor such a corresponding provision ever came into operation. Provision of water supply. 25 1 Where an application for building control approval in respect of a house is made to a building control authority , the authority shall reject the application unless a proposal is put before them that appears to them to be satisfactory for providing the occupants of the house with a supply of wholesome water sufficient for their domestic purposes— a by connecting the house to a supply of water in pipes provided by ... water undertakers, b if in all the circumstances it is not reasonable to require the house to be connected as aforesaid, by otherwise taking water into the house by means of a pipe, or c if in all the circumstances neither of the preceding alternatives can reasonably be required, by providing a supply of water within a reasonable distance of the house, and the authority are satisfied that the proposal can and will be carried into effect. 2 Any question arising under subsection (1) above between a building control authority and the person by whom, or on whose behalf, an application for building control approval is made as to whether the building control authority ought to grant the application may on the application of that person be determined by the appropriate court or tribunal . 3 If, after any such application has been granted , it appears to the building control authority that the proposal for providing a supply of water— a has not been carried into effect, or b has not resulted in a supply of wholesome water sufficient for the domestic purposes of the occupants, the authority shall give notice to the owner of the house prohibiting him from occupying it, or permitting it to be occupied, until the authority, being satisfied that such a supply has been provided, have granted him a certificate to that effect. 4 Until a certificate is granted under subsection (3) above, the owner shall not occupy the house or permit it to be occupied. 5 A person aggrieved by the refusal of the authority to grant such a certificate may apply to the appropriate court or tribunal for an order authorising the occupation of the house, and, if the court or tribunal is of opinion that a certificate ought to have been granted, the court or tribunal may make an order authorising the occupation of the house, and such an order shall have the like effect as a certificate of the building control authority . 6 A person who contravenes subsection (4) above is liable on summary conviction to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after he is convicted. 7 Section 67 of the Water Industry Act 1991 (standards of wholesomeness of water) and any regulations made under that section shall apply for the purposes of subsection (1) above as they apply for the purposes of Chapter III of Part III of that Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26–29 Determination of questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Determination by appropriate national authority Determination of certain applications by appropriate national authority 30A 1 This section applies where the building control authority fails to determine a prescribed application relating to higher-risk building work (“ the original application ”) within the relevant period. 2 The applicant may apply to the appropriate national authority for the original application to be determined by that authority. 3 An application under this section may be made only— a before the end of the prescribed period, and  b if the building control authority has not determined the original application. 4 The building control authority may not determine the original application at any time after the making of an application under this section. 5 Building regulations may make provision about applications under this section, including in particular provision— a about the making of such applications; b requiring an applicant to notify the building control authority of the making of an application; c imposing duties on the building control authority in cases where an application is made; d for and in connection with the appropriate national authority appointing a person to determine the original application (including provision conferring functions on that person and providing that their decision is treated as the decision of the appropriate national authority); e about the procedure to be adopted in connection with the determination of the original application. 6 The provision that may be made by virtue of subsection (5) (a) includes provision about— a the form and content of applications; b the information and documents that are to accompany an