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Building Act 1984

Changes over time for: Section 25

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Point in time view as at 06/04/2024.

Changes to legislation:

Building Act 1984, Section 25 is up to date with all changes known to be in force on or before 16 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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25 Provision of water supply.E+W

(1)Where [F1plans of a house are, in accordance with building regulations, deposited with] [F1an application for building control approval in respect of a house is made to] a [F2building control authority], the authority shall reject [F3the plans] [F3the 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 . . . F4 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 [F2building control authority] and the person by whom, or on whose behalf, [F5plans are deposited] [F5an application for building control approval is made] as to whether the [F2building control authority] ought to [F6pass the plans] [F6grant the application] may on the application of that person be determined by [F7the appropriate court or tribunal].

(3)If, after any such [F8plans as aforesaid have been passed] [F8application has been granted], it appears to the [F2building 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 [F9the appropriate court or tribunal] for an order authorising the occupation of the house, and, if the court [F10or tribunal] is of opinion that a certificate ought to have been granted, the court [F10or 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 [F2building 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.

[F11(7)[F12Section 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 [F13Chapter III of Part III] of that Act.]

Textual Amendments

F1Words in s. 25(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. 27(3)(a); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F2Words in s. 25 substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 27(2); S.I. 2023/993, reg. 2(n)(xi) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F3Words in s. 25(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. 27(3)(b); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F5Words in s. 25(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. 27(4)(a); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F6Words in s. 25(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. 27(4)(b); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F7Words in s. 25(2) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(e); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)

F8Words in s. 25(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 27(5); S.I. 2023/993, reg. 2(n)(xi) (with reg. 3)

F9Words in s. 25(5) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 9(e); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)

F10Words in s. 25(5) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 11; S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)

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