The Building Regulations 2010

[F1Compliance notices and stop notices: giving of notices and notification of othersE+W

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47D.—(1) Paragraph (2) applies where a compliance notice under section 35B of the Act or a stop notice under section 35C(1) of the Act is to be given in relation to work on a site or premises and another form of service under section 94(1) of the Act is not appropriate.

(2) Where, after reasonable inquiries, the building control authority is satisfied that there is no one to whom a compliance notice or stop notice can be delivered, the notice, or a copy of it, may be affixed to a conspicuous part of the site or premises where the work to which the notice relates is carried out.

(3) Where a building control authority gives a compliance notice or stop notice, the authority must take reasonable steps to notify the following persons as to the giving of the notice—

(a)the client, the principal contractor (or sole contractor) and the principal designer (or sole or lead designer) for the work to which the notice relates;

(b)where the regulator is the building control authority, the local authority for the area in which the building is situated or the proposed building is to be situated;

(c)where the notice relates to a contravention of Part B of Schedule 1 in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the work, the enforcing authority (within the meaning of article 25 of that Order) for the building or the proposed building;

(d)where the client is—

(i)in relation to any work, a private registered provider of social housing,

(ii)in relation to work other than the erection of a new building, any other registered provider of social housing,

the Regulator of Social Housing;

(e)where the client is a landlord in relation to any dwelling contained in the building, the local housing authority for the area in which the building is located; and

(f)where the notice relates to work to an existing higher-risk building, the accountable person who is responsible for the part of the building where the work is carried out.

(4) In this regulation—

“accountable person” has the meaning in given in section 72 of the Building Safety Act 2022;

“the Regulator of Social Housing” is the body established under section 80A of the Housing and Regeneration Act 2008.]

Textual Amendments