Building Act 1984

57 Offences. E+W

(1) If a person—

(a) gives a notice or certificate that—

[F1 (i) purports to comply with the requirements of this Part [F2 or a provision of building regulations that is designated by the regulations for the purposes of this section,] and]

(ii) contains a statement that he knows to be false or misleading in a material particular, F3 ...

[F4 (aa) fails without reasonable excuse to comply with a requirement under section 53(4A) to give information, or]

(b) recklessly gives a notice or certificate that—

(i) purports to comply with those requirements, and

(ii) contains a statement that is false or misleading in a material particular,

he is guilty of an offence.

(2) A person guilty of an offence under subsection (1) above is liable—

(a) on summary conviction, to a fine F5 ... or imprisonment for a term not exceeding six months or both, and

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

[F6 (3) Where a registered building control approver is convicted of an offence under this section, the court by or before which they are convicted must, within one month of the date of conviction, forward a certificate of the conviction to—

(a) the regulatory authority, or

(b) if the regulatory authority has delegated its functions in relation to the register of building control approvers to another person under section 58Y, that person.]

Textual Amendments

F1 S. 57(1)(a)(i) substituted (1.2.2006) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 8(4), 11(3); S.I. 2006/224, art. 2(c)

F2 Words in s. 57(1)(a)(i) 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. 48(2); S.I. 2023/993, reg. 2(n)(xxi); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F3 Word in s. 57(1) omitted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 6.4.2024 for W. in so far as not already in force) by virtue of Building Safety Act 2022 (c. 30), ss. 52(2)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(h) (with reg. 3); S.I. 2024/207, reg. 2(d)(viii) (with regs. 3, 4, 8-12)

F4 S. 57(1)(aa) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 52(2)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(h) (with reg. 3); S.I. 2024/207, reg. 2(d)(viii) (with regs. 3, 4, 8-12)

F5 Words in s. 57(2)(a) omitted (1.10.2023 except in relation to W., 6.4.2024 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 48(3); S.I. 2023/993, reg. 2(n)(xxi); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F6 S. 57(3) substituted (6.4.2024 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 4 para. 12; S.I. 2024/104, reg. 2(b) (with reg. 3); S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)