The Building (Restricted Activities and Functions) (England) Regulations 2023

Restricted functions: the regulator E+W

4.—(1) Subject to paragraph (2), for the purposes of section 46A(2) of the 1984 Act, where the regulator(1) is the building control authority in relation to a higher-risk building under section 91ZA of the 1984 Act (building control authorities)(2) each of the following functions is prescribed as a restricted function—

(a) determining an application for a direction under section 8 of the 1984 Act (relaxation of building regulations);

(b) determining an application for building control approval under regulation 7 or 15 of the HRB Regulations (building control approval applications) including exercising, in relation to such an application, a power in—

(i) section 19(1) of the 1984 Act (use of short-lived materials),

(ii) section 21(4) of the 1984 Act (provision of drainage), or

(iii) section 25(1) of the 1984 Act (provision of water supply);

(c) giving approval, pursuant to a requirement imposed on a building control approval, that work may proceed beyond a point specified in the requirement;

(d) fixing a period on the expiration of which a building or work must be removed, extending such a period, imposing conditions in relation to a building or varying such conditions, under section 19(2) or (3) of the 1984 Act (use of short-lived materials);

(e) requiring a building to be drained in combination under section 22 of the 1984 Act (drainage of buildings in combination);

(f) giving consent under section 23 of the 1984 Act (provision of facilities for refuse);

(g) giving a notice or granting a certificate under section 25(3) of the 1984 Act (provision of water supply);

(h) determining an application under regulation 24 of the HRB Regulations (change control applications: decisions);

(i) deciding that a controlled change is a notifiable or major change under regulation 25 of the HRB Regulations (change control: regulator power to specify notifiable changes and major changes);

(j) determining an application under regulation 44 of the HRB Regulations (completion certificate applications: decisions);

(k) determining an application under regulation 45 of the HRB Regulations (partial completion certificates);

(l) determining an application under regulation 47 of the HRB Regulations (regularisation of unauthorised building work);

(m) exercising any power under section 33 of the 1984 Act (tests for conformity with building regulations);

(n) deciding, for the purposes of section 35 of the 1984 Act (offence of contravening building regulations etc), whether there is a contravention of a provision of the building regulations or a requirement imposed by virtue of any such provision;

(o) giving a compliance notice under section 35B of the 1984 Act (compliance notices);

(p) giving a stop notice under section 35C of the 1984 Act (stop notices);

(q) giving a section 36 notice or deciding to pull down or remove work or effect alterations in it as deemed necessary under section 36(3) of the 1984 Act;

(r) deciding whether to withdraw a section 36 notice following the giving of a written report under section 37(1)(a) of the 1984 Act.

(2) In relation to any case which falls within paragraph 9, 10 or 11 of Schedule 3 to the HRB Regulations, reference in paragraph (1) to any provision of the HRB Regulations is to be treated as a reference to that provision as modified, in relation to that particular case, by Schedule 3 to those Regulations.

(3) For the purposes of section 46A(2) of the 1984 Act, where the regulator is the building control authority in relation to building work pursuant to a regulator’s notice each of the following functions is prescribed as a restricted function—

(a) determining an application for a direction under section 8 of the 1984 Act (relaxation of building regulations);

(b) determining an application for building control approval under regulation 14A of the 2010 Regulations (determination of applications for building control approval with full plans) including exercising, in relation to such an application, a power in—

(i) section 19(1) of the 1984 Act (use of short-lived materials),

(ii) section 21(4) of the 1984 Act (provision of drainage), or

(iii) section 25(1) of the 1984 Act (provision of water supply);

(c) fixing a period on the expiration of which a building or work must be removed, extending such a period, imposing conditions in relation to a building or varying such conditions, under section 19(2) or (3) of the 1984 Act (use of short-lived materials);

(d) requiring a building to be drained in combination under section 22 of the 1984 Act (drainage of buildings in combination);

(e) giving consent under section 23 of the 1984 Act (provision of facilities for refuse);

(f) giving a notice or granting a certificate under section 25(3) of the 1984 Act (provision of water supply);

(g) giving a certificate under regulation 17 or 17A of the 2010 Regulations (completion certificates and partial completion certificates);

(h) deciding, where regulation 18 of the 2010 Regulations (unauthorised building work) applies, whether—

(i) a regularisation certificate under regulation 18 of those Regulations may be given;

(ii) any reasonable steps are required under regulation 18(3) of those Regulations;

(i) exercising any power under section 33 of the 1984 Act (tests for conformity with building regulations);

(j) deciding, for the purposes of section 35 of the 1984 Act (offence of contravening building regulations etc), whether there is a contravention of a provision of the building regulations or a requirement imposed by virtue of any such provision;

(k) giving a compliance notice under section 35B of the 1984 Act (compliance notices);

(l) giving a stop notice under section 35C of the 1984 Act (stop notices);

(m) giving a section 36 notice or deciding to pull down or remove work or effect alterations in it as deemed necessary under section 36(3) of the 1984 Act;

(n) deciding whether to withdraw a section 36 notice following the giving of a written report under section 37(1)(a) of the 1984 Act.

Commencement Information

I1 Reg. 4 in force at 6.4.2024, see reg. 1(3)

(1)

The Health and Safety Executive is the building safety regulator, see the definition of the regulator in section 126 of the Building Act 1984, the definition was inserted by paragraph 81 of Schedule 5 to the Building Safety Act 2022.

(2)

Section 91ZA was inserted into the 1984 Act by section 32 of the Building Safety Act 2022.