37.—(1) A relevant purchaser is not prohibited from giving an application for a certificate under regulation 18 (unauthorised building work) of the Building Regulations 2010 and a [F1relevant authority] is not prohibited from granting such a certificate.
[F2(1A) Where the building is a higher-risk building, a relevant purchaser is not prohibited from giving the regulator an application for a certificate under regulation 47 (regularisation of unauthorised building work) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and the regulator is not prohibited from granting such a certificate.]
(2) In this regulation “relevant purchaser” means—
(a)any purchaser or owner of an individual dwelling built by an applicable person, or
(b)any purchaser or owner of any building or any part of a building built by an applicable person,
provided that the relevant purchaser is not in the same group as the applicable person and the purchase is an arm’s length transaction where the purchaser acquired the dwelling or building or part of a building in the ordinary course of business (where applicable), at market value and on arm’s length terms.
[F3(2A) In this regulation “relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010.]
(3) For the purposes of paragraph (1), regulation 18 of the Building Regulations 2010 is to have effect in relation to an application for a certificate under that regulation by a relevant purchaser as if any work carried out by an applicable person which was not unauthorised building work (within the meaning set out in that regulation) were treated as if it were unauthorised building work.
[F4(4) For the purposes of paragraph (1A), regulation 47 (regularisation of unauthorised building work) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 is to have effect in relation to an application under that regulation by a relevant purchaser as if any work carried out by an applicable person which was not unauthorised building work (within the meaning set out in that regulation) were treated as if it were unauthorised building work.]
Textual Amendments
F1Words in reg. 37(1) substituted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(5)(a) (with regs. 22-24)
F2Reg. 37(1A) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(6)(a) (with Sch. 3 Pt. 1)
F3Reg. 37(2A) inserted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(5)(b) (with regs. 22-24)
F4Reg. 37(4) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(6)(b) (with Sch. 3 Pt. 1)
Commencement Information
I1Reg. 37 in force at 4.7.2023, see reg. 1(1)