Building Act 1984

Execution of works E+W

97 Power to execute work. E+W

A local authority [F1 or the regulator] may, by agreement with the owner or occupier of any premises, themselves execute at his expense—

(a) any work that they have under this Act required him to execute, or

(b) any work in connection with the construction, laying, alteration or repair of a sewer or drain that he is entitled to execute,

and for that purpose they have all the rights that he would have.

Textual Amendments

F1 Words in s. 97 inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 61; S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)

98 Power to require occupier to permit work. E+W

If, on [F2 a complaint] [F2 an application or (as the case may be) complaint] made by the owner of premises, it appears to [F3 a magistrates’ court] [F3 the appropriate court or tribunal] that the occupier of those premises prevents the owner from executing any work that he is by or under this Act required to execute, the court [F4 or tribunal] may order the occupier to permit the execution of the work.

Textual Amendments

F2 Words in s. 98 substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 23(a); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F3 Words in s. 98 substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(q); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

F4 Words in s. 98 inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 23(b); S.I. 2023/993, reg. 2(o)(i) (with reg. 6)

99 Content and enforcement of notice requiring works. E+W

(1) A notice in relation to which it is declared by any provision of this Act that this section applies shall indicate the nature of the works to be executed and state the time within which they are to be executed.

(2) Subject to any right of appeal conferred by section 102 below, if the person required by such a notice to execute works fails to execute them within the time limited by the notice—

(a) the local authority [F5 or the regulator (as the case may be)] may themselves execute the works and recover from that person the expenses reasonably incurred by them in doing so, and

(b) without prejudice to that power, he is liable on summary conviction to a fine not exceeding level 4 on the standard scale and to a further fine not exceeding £2 for each day on which the default continues after he is convicted.

(3) This section has effect subject to any modification specified in the provision under which the notice is given.

Textual Amendments

F5 Words in s. 99(2)(a) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 62; S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)

100 Sale of materials. E+W

(1) A [F6 local authority] [F6 relevant authority] may sell any materials that—

(a) have been removed by them from any premises, including a street, when executing works under this Act or otherwise carrying this Act into effect, and

(b) are not before the expiration of three days from the date of their removal claimed by the owner and taken away by him.

(2) Where a [F6 local authority] [F6 relevant authority] sell materials under this section, they shall pay the proceeds to the person to whom the materials belonged, after deducting the amount of any expenses recoverable by them from him.

(3) This section does not apply to refuse removed by a [F6 local authority] [F6 relevant authority].

[F7 (4) In this section “relevant authority” means a local authority or the regulator.]

Textual Amendments

F6 Words in s. 100 substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 63(2); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)

F7 S. 100(4) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 63(3); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)

101 Breaking open of streets. E+W

(1) For the purposes of any section of this Act that confers powers on [F8 local authorities] [F8 any relevant authority] to construct, lay or maintain sewers, drains or pipes, [F9 [F10 section 158 of the Water Industry Act 1991] (street works) shall apply, with the necessary modifications, as [F11 it applies] for the purpose of conferring power on a water undertaker or sewerage undertaker to lay a relevant pipe, within the meaning of [F12 that section].]

[F13 (2) [F14 That section] shall also so apply so far as necessary for the purposes of any power to lay or maintain a sewer or drain which is conferred by this Act on a person other than a [F15 local authority] [F15 relevant authority].]

[F16 (3) In this section “relevant authority” means a local authority or the regulator.]

Textual Amendments

F8 Words in s. 101(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 64(2); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)

F9 Words in s. 101(1) substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 70(3)(a), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F10 words in s. 101(1) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 39(5)(a).

F11 Words in s. 101(1) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 39(5)(a).

F12 Words in s. 101(1) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 39(5)(a).

F13 S. 101(2) substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 70(3)(b), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F14 Words in s. 101(2) substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF 130), ss. 2(1), 4(2), Sch. 1 para. 39(5)(b).

F15 Words in s. 101(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 64(3); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)

F16 S. 101(3) inserted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 64(4); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4)