Building Act 1984

1. Introductory Text

2. Part I Building Regulations

   1. Power to make building regulations

      1. 1. Power to make building regulations.

      2. 1A. Buildings of special historical or architectural interest

      3. 2. Continuing requirements.

      4. 2A. Continuing requirements in relation to fuel, power and emissions

      5. 2B. Optional requirements

   2. Duty to review minimum energy performance requirements

      1. 2C. Review of minimum energy performance requirements

   3. Exemption from building regulations

      1. 3. Exemption of particular classes of buildings etc.

      2. 4. Exemption of educational buildings and buildings of statutory undertakers.

      3. 5. Exemption of public bodies from procedural requirements of building regulations.

   4. Approved documents

      1. 6. Approval of documents for purposes of building regulations.

      2. 7. Compliance or non-compliance with approved documents.

   5. Relaxation of building regulations

      1. 8. Relaxation of building regulations.

      2. 9. Application for relaxation.

      3. 10. Advertisement of proposal for relaxation of building regulations.

      4. 11. Type relaxation of building regulations.

   6. Type approval of building matter

      1. 12. Power of appropriate national authority to approve type of building matter.

      2. 13. Delegation of power to approve.

   7. Consultation

      1. 14. Consultation with Building Regulations Advisory Committee and other bodies : Wales

      2. 15. Consultation with fire authority.

   8. Building control approval

      1. 16. Passing or rejection of plans.

      2. 17. Approval of persons to give certificates etc.

      3. 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 19. Use of short-lived materials.

      5. 20. Use of materials unsuitable for permanent building.

      6. 21. Provision of drainage.

      7. 22. Drainage of buildings in combination.

      8. 23. Provision of facilities for refuse.

      9. 24. Provision of exits etc.

      10. 25. Provision of water supply.

      11. 26–29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   9. Determination of questions

      1. 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   10. Determination by appropriate national authority

       1. 30A. Determination of certain applications by appropriate national authority

   11. Proposed departure from plans

       1. 31. Proposed departure from plans.

   12. Lapse of building control approval

       1. 32. Lapse of building control approval

   13. Tests for conformity with building regulations

       1. 33. Tests for conformity with building regulations.

   14. Classification of buildings

       1. 34. Classification of buildings.

   15. Breach of building regulations

       1. 35. Offence of contravening building regulations etc

       2. 35A. Time limit for prosecution for contravention of ... building regulations

   16. Notices in respect of contraventions

       1. 35B. Compliance notices

       2. 35C. Stop notices

       3. 35D. Compliance and stop notices: supplementary

       4. 36. Removal or alteration of offending work.

       5. 37. Obtaining of report where section 36 notice given.

       6. 38. Civil liability.

   17. Appeals in certain cases

       1. 39. Appeal against refusal etc. to relax building regulations.

       2. 39A. Appeals against compliance notices and stop notices etc

       3. 40. Appeal against section 36 notice.

       4. 41. Appeal to Crown Court.

       5. 42. Appeal and statement of case to High Court in certain cases.

       6. 43. Procedure on appeal to Secretary of State on certain matters.

       7. 43A. Appeals under sections 20, 39 and 50: England

   18. Application of building regulations to Crown etc.

       1. 44. Application to Crown.

       2. 45. Application to United Kingdom Atomic Energy Authority.

   19. Inner London

       1. 46. Inner London.

   20. Building control authorities: restricted activities and functions

       1. 46A. Building control authorities: restricted activities and functions

3. Part II Supervision of Building Work etc. otherwise than by BUILDING CONTROL AUTHORITIES

   1. Supervision of plans and work by approved inspectors

      1. 47. Giving and acceptance of initial notice.

      2. 48. Effect of initial notice.

      3. 49. Approved inspectors.

      4. 50. Plans certificates.

      5. 51. Final certificates.

      6. 51A. Variation of work to which initial notice relates.

      7. 51B. Effect of amendment notice

      8. 51C. Change of person intending to carry out work

      9. 52. Cancellation of initial notice.

      10. 52A. Cancellation of initial notice when work becomes higher-risk building work

      11. 52B. Effect of initial notice ceasing to be in force where work becomes higher-risk building work

      12. 53. Effect of initial notice ceasing to be in force.

      13. 53A. Lapse of initial notice

      14. 53B. New initial notice: change of registered building control approver

      15. 53C. Consideration of transfer certificate and report

      16. 53D. Cancellation of initial notice: change of registered building control approver

      17. 53E. Restriction on functions of registered building control approvers

   2. Supervision of their own work by public bodies

      1. 54. Giving, acceptance and effect of public body’s notice.

      2. 54A. Public bodies and higher-risk building work

   3. Registered building control approvers: restricted activities and functions

      1. 54B. Registered building control approvers: restricted activities and functions

   4. Supplementary

      1. 55. Appeals.

      2. 56. Recording and furnishing of information.

      3. 56A. Giving information by electronic means: England

      4. 56B. Requirement to keep register: England

      5. 56C. Delegation of functions

      6. 57. Offences.

      7. 58. Construction of Part II.

4. Part 2A REGULATION OF BUILDING CONTROL PROFESSION

   1. Interpretation

      1. 58A. “Regulatory authority”

   2. Registered building inspectors

      1. 58B. “Registered building inspector”

      2. 58C. Register of building inspectors

      3. 58D. Application for registration as building inspector

      4. 58E. Variation or cancellation of registration as building inspector

      5. 58F. Code of conduct

      6. 58G. Registered building inspectors: information notices

      7. 58H. Professional misconduct investigations

      8. 58I. Sanctions for professional misconduct

      9. 58J. Interim suspension for suspected serious professional misconduct

      10. 58K. Suspension orders: further provision

      11. 58L. Offences relating to registration

      12. 58M. Offence of acting as, or pretending to be, a registered building inspector

   3. Registered building control approvers 

      1. 58N. “Registered building control approver”

      2. 58O. Register of building control approvers

      3. 58P. Application for registration as building control approver

      4. 58Q. Variation or cancellation of registration as building control approver

      5. 58R. Professional conduct rules

      6. 58S. Registered building control approvers: information notices

      7. 58T. Investigations into contraventions of professional conduct rules

      8. 58U. Sanctions for contravention of professional conduct rules

      9. 58V. Interim suspension for suspected serious contravention

      10. 58W. Offence of registered building control approver acting outside scope of registration

      11. 58X. Offence of pretending to be a registered building control approver

   4. Delegation of registration functions

      1. 58Y. Delegation of registration functions

   5. Operational standards rules

      1. 58Z. Operational standards rules

      2. 58Z1. Reporting requirements

      3. 58Z2. Information: Wales

      4. 58Z3. Investigations

      5. 58Z4. Improvement notice

      6. 58Z5. Serious contravention notices

      7. 58Z6. Continuing failure to meet standards: registered building control approvers

      8. 58Z7. Continuing failure to meet standards: local authorities in England

   6. Inspection of local authorities and registered building control approvers

      1. 58Z8. Inspections

   7. Information sharing

      1. 58Z9. Sharing of information between regulatory authorities

   8. Appeals

      1. 58Z10. Appeal to Crown Court

5. Part III Other Provisions about Buildings

   1. Drainage

      1. 59. Drainage of building.

      2. 60. Use and ventilation of soil pipes.

      3. 61. Repair etc, of drain.

      4. 62. Disconnection of drain.

      5. 63. Improper construction or repair of water-closet or drain.

   2. Provision of sanitary conveniences

      1. 64. Provision of closets in building.

      2. 65. Provision of sanitary conveniences in workplace.

      3. 66. Replacement of earth-closets etc.

      4. 67. Loan of temporary sanitary conveniences.

      5. 68. Erection of public conveniences.

   3. Buildings

      1. 69. Provision of water supply in occupied house.

      2. 70. Provision of food storage accommodation in house.

      3. 71. Entrances, exits etc. to be required in certain cases.

      4. 72. Means of escape from fire.

      5. 73. Raising of chimney.

      6. 74. Cellars and rooms below subsoil water level.

      7. 75. Consents under s. 74.

   4. Defective premises, demolition etc.

      1. 76. Defective premises.

      2. 77. Dangerous building.

      3. 78. Dangerous building—emergency measures.

      4. 79. Ruinous and dilapidated buildings and neglected sites.

      5. 80. Notice to local authority of intended demolition.

      6. 81. Local authority’s power to serve notice about demolition.

      7. 82. Notices under section 81.

      8. 83. Appeal against notice under s. 81.

   5. Yards and passages

      1. 84. Paving and drainage of yards and passages.

      2. 85. Maintenance of entrances to courtyards.

   6. Appeal to Crown Court

      1. 86. Appeal to Crown Court.

   7. Application of provisions to Crown property

      1. 87. Application of provisions to Crown property.

   8. Inner London

      1. 88. Inner London.

   9. Miscellaneous

      1. 89. References in Acts to building byelaws.

      2. 90. Facilities for inspecting local Acts.

      3. 90A. Functions under this Part: the regulator etc

6. Part IV General

   1. Duties of local authorities etc

      1. 91. Duties of local authorities and the regulator.

      2. 91ZA. The regulator: building control authority for higher-risk buildings in England

      3. 91ZB. The regulator: building control authority for other work

      4. 91ZC. Section 91ZB: supplementary

      5. 91ZD. Higher-risk buildings in Wales: local authority work

      6. 91A. Registers to be kept by local authorities and the regulator

   2. Documents

      1. 92. Form of documents.

      2. 93. Authentication of documents.

      3. 94. Service of documents.

      4. 94A. Electronic service of documents

   3. Entry on premises

      1. 95. Power to enter premises.

      2. 96. Supplementary provisions as to entry.

   4. Execution of works

      1. 97. Power to execute work.

      2. 98. Power to require occupier to permit work.

      3. 99. Content and enforcement of notice requiring works.

      4. 100. Sale of materials.

      5. 101. Breaking open of streets.

   5. Appeal against refusal to consider application etc

      1. 101A. Appeal: refusal to consider application etc on ground is higher-risk building work

   6. Appeal against notice requiring works

      1. 102. Appeal against notice requiring works.

   7. General provisions about appeals and applications

      1. 103. Procedure on appeal or application to appropriate court or tribunal.

      2. 104. Local authority or regulator to give effect to appeal.

      3. 105. Judge not disqualified by liability to rates.

      4. 105A. Enforcement of decisions of the First-tier and Upper Tribunal

   8. Fees, charges and levies

      1. 105B. Fees and charges

   9. Compensation, and recovery of sums

      1. 106. Compensation for damage.

      2. 107. Recovery of expenses etc.

      3. 108. Payment by instalments.

      4. 109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 110. Liability of agent or trustee.

      6. 111. Arbitration.

   10. Obstruction

       1. 112. Obstruction

   11. Prosecutions

       1. 112A. Liability of officers of body corporate etc

       2. 113. Prosecution of offences.

       3. 114. Continuing offences.

   12. Protection of members etc. of authorities

       1. 115. Protection of members etc. of authorities.

   13. Default powers

       1. 116. Default powers of Secretary of State.

       2. 117. Expenses of Secretary of State.

       3. 118. Variations or revocation of order transferring powers.

   14. Local inquiries

       1. 119. Local inquiries.

   15. Orders and regulations

       1. 120. Orders.

       2. 120A. Regulations

       3. 120B. Proposals and consultation relating to regulations made by the Secretary of State

       4. 120C. Consultation relating to regulations made by the Welsh Ministers

   16. Higher-risk buildings etc

       1. 120D. Meaning of “higher-risk building”: England

       2. 120E. Regulations under section 120D: procedure

       3. 120F. Regulations under section 120D: additional procedure in certain cases

       4. 120G. Recommendations about regulations under section 120D

       5. 120H. Advice about regulations under section 120D

       6. 120I. Higher-risk buildings and higher-risk building work: Wales

   17. Interpretation

       1. 121. Meaning of “building”.

       2. 121A. Meaning of “building control authority”

       3. 122. Meaning of “building regulations”.

       4. 123. Meaning of “construct”and “erect”.

       5. 124. Meaning of deposit of plans

       6. 125. Construction and availability of sewers.

       7. 125A. Meaning of work

       8. 126. General interpretation.

       9. 127. Construction of certain references concerning Temples.

   18. Savings

       1. 128. Protection for dock and railway undertakings.

       2. 129. Saving for Local Land Charges Act 1975.

       3. 130. Saving for other laws.

       4. 131. Restriction of application of Part IV to Schedule 3.

7. Part V Supplementary

   1. 132. Transitional provisions.

   2. 133. Consequential amendments and repeals.

   3. 134. Commencement.

   4. 135. Short title and extent.

8. SCHEDULES

   1. SCHEDULE 1

      Building Regulations

      1. 1. Building regulations may— (a) provide for particular requirements of the...

      2. Procedural requirements etc: general

         1. 1A. (1) Building regulations may make provision about the procedure that...

      3. Applications for building control approval

         1. 1B. (1) Building regulations may in particular make provision for and...

      4. Certificates: approved schemes

         1. 1C. (1) Building regulations may in particular make provision for and...

      5. Obtaining, keeping and giving information and documents

         1. 1D. (1) Building regulations may, in relation to any work, make...

      6. Reporting requirements: duty to establish and operate system

         1. 1E. (1) This paragraph applies where building regulations made by virtue...

      7. Form and content of documents etc

         1. 1F. (1) Where building regulations provide that any document must or...

      8. Inspection, testing etc

         1. 1G. (1) Building regulations may make provision for and in connection...

      9. Applications to building control authorities: extension of period by agreement

         1. 1H. Building regulations may provide that any prescribed period for the...

      10. Appeals

          1. 1I. (1) Building regulations may make provision for and in connection...

      11. 2. Building regulations may include provision as to—

      12. 3. Building regulations may provide for requiring local authorities and approved...

      13. 4. Building regulations may— (a) authorise local authorities to accept, as...

      14. 4A. (1) Building regulations may— (a) provide for requiring that, in...

      15. 4B. (1) Building regulations may provide that in relation to any...

      16. 5. (1) Building regulations may authorise local authorities to charge prescribed...

      17. Appointed persons

          1. 5A. (1) Building regulations may require prescribed appointments to be made...

      18. General duties

          1. 5B. (1) Building regulations may, for the purpose of facilitating compliance...

      19. Competence requirements

          1. 5C. (1) Building regulations may, in relation to any work, impose...

      20. 6. Building regulations may make a prescribed person or class of...

      21. 7. Without prejudice to the generality of section 1(1) of this...

      22. 8. (1) Building regulations may be made with respect to—

      23. 9. Building regulations may authorise local authorities, subject to and in...

      24. 10. (1) Building regulations may make supplementary, incidental, transitional, transitory or...

      25. 11. (1) Building regulations may repeal or modify—

   2. SCHEDULE 2

      Relaxation of Building Regulations for Existing Work

      1. Application of schedule

         1. 1. This Schedule applies to a direction under section 8 of...

      2. Cases where no direction may be given

         1. 2. Neither the appropriate national authority nor a local authority building...

      3. Suspension of certain provisions while application pending

         1. 3. (1) Subject to the following provisions of this Schedule, after...

         2. 4. Paragraph 3(1), (3) and (4) above do not apply to...

      4. Saving for criminal liability incurred before making of application

         1. 5. The giving of a direction to which this Schedule applies...

      5. Termination of proceedings under section 36 on giving of direction

         1. 6. If, before the giving of a direction to which this...

   3. SCHEDULE 3

      Inner London

      1. Part I Application of Part I of this Act

         1. 1. Application to inner London.

         2. 2. Application of provisions by building regulations.

         3. 3. Repeal and modification of Acts.

         4. 4. Consultation.

      2. Part II Application of Part III of this Act

         1. 5. Application to inner London.

         2. 6. Application to Temples.

      3. Part III Building and Drainage of Buildings

         1. 7-9. Drainage of new building.

      4. Part IV Byelaws

         1. 10. Byelaws about demolition.

         2. 11. . . . . . . . . . ....

         3. 12. . . . . . . . . . ....

         4. 13. Restriction of application of Part IV of Act.

      5. Part V Enforcement of Building Regulations

         1. 14. . . . . . . . . . ....

   4. SCHEDULE 4

      Provisions Consequential Upon Public Body’s Notice

      1. Duration of notice

         1. 1. (1) A public body’s notice comes into force when it...

      2. Cancellation of a public body’s notice where work to a building in England becomes higher-risk building work

         1. 1A. (1) Sub-paragraph (2) applies where— (a) a public body’s notice...

      3. Effect of public body’s notice ceasing to be in force where work becomes higher-risk building work

         1. 1B. (1) This paragraph applies where a public body’s notice ceases...

      4. Appeals against cancellation of a public body’s notice by a local authority

         1. 1C. (1) Where a local authority cancels a public body’s notice,...

      5. Public body’s plans certificates

         1. 2. (1) Where a public body— (a) is satisfied that plans...

      6. Public body’s final certificates

         1. 3. (1) Where a public body is satisfied that any work...

      7. Effects of public body’s notice ceasing to be in force

         1. 4. (1) This paragraph applies where a public body’s notice ceases...

      8. Lapse of public body’s notice

         1. 4A. (1) This paragraph applies where— (a) on any day (“...

      9. Consultation

         1. 5. Building regulations may make provision for requiring, in such circumstances...

   5. SCHEDULE 5

      Transitional Provisions

      1. Joint application to the Secretary of State for the determination of certain questions relating to building regulations

         1. 1. After the date on which section 30 of this Act...

      2. The Clean Air Act 1956 and the Housing Act 1957

         1. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. Repeal and amendment of Acts etc.

         1. 3. Any power that is exercisable by virtue of—

         2. 4. (1) Section 64(5) of the Act of 1936, in so...

         3. 5. Without prejudice to the power to make building regulations, the...

   6. SCHEDULE 6

      Consequential Amendments

      1. The Restriction of Ribbon Development Act 1935

         1. 1. . . . . . . . . . ....

      2. The Public Health Act 1936

         1. 2. In section 6(1) of the Public Health Act 1936, after...

         2. 3. In section 269(8)(i) of that Act, for “the building byelaws...

      3. The Atomic Energy Authority Act 1954

         1. 4. In section 5(5) of the Atomic Energy Authority Act 1954,...

      4. The Clean Air Act 1956

         1. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. The Housisng Act 1957

         1. 6. . . . . . . . . . ....

      6. The Radioactive Substances Act 1960

         1. 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. The Public Health Act 1961

         1. 8. In section 17(15) of the Public Health Act 1961 (as...

      8. The London Government Act 1963

         1. 9. In paragraph 19 of Part I of Schedule 11 to...

         2. 10. In paragraph 9(5) of Part II of Schedule 11 to...

      9. The Offices, Shops and Railway Premises Act 1963

         1. 11. In section 9(6) of the Offices, Shops and Railway Premises...

      10. The Faculty Jurisdiction Measure 1964

          1. 12. In section 2(4) of the Faculty Jurisdiction Measure 1964—

      11. The Fire Precautions Act 1971

          1. 13. For section 30(3)(a) and (b) of the Fire Precautions Act...

      12. The Local Government Act 1972

          1. 14. In section 181(2)(a) of the Local Government Act 1972, for...

      13. The Safety of Sports Grounds Act 1975

          1. 15. In section 9(1)(c) of the Safety of Sports Grounds Act...

      14. The Local Land Charges Act 1975

          1. 16. In section 1(1)(a) of the Local Land Charges Act 1975,...

      15. The Local Government (Miscellaneous Provisions) Act 1976

          1. 17. In section 12(3) of the Local Government (Miscellaneous Provisions) Act...

      16. The Development of Rural Wales Act 1976

          1. 18. . . . . . . . . . ....

      17. The Interpretation Act 1978

          1. 19. In Schedule 1 to the Interpretation Act 1978, in the...

      18. The Highways Act 1980

          1. 20. In section 168(1)(b) of the Highways Act 1980, for “section...

          2. 21. In section 223(1)(a) of that Act, for “section 66 of...

      19. New Towns Act 1981

          1. 22. . . . . . . . . . ....

      20. The Public Health (Control of Disease) Act 1984

          1. 23. There is added at the end of section 7(4) of...

   7. SCHEDULE 7

      Repeals