The Building (Registered Building Control Approvers etc.) (England) Regulations 2024

PART 4 Transfer of projects back to local authority

Local authority powers in relation to partly completed work

22.—(1) This paragraph applies where—

(a) any part of the work described in an initial notice has been carried out,

(b) the initial notice has ceased to be in force by reason of regulation 19 (events causing initial notice to cease to be in force) or has been cancelled by notice under section 52 or 53D of the 1984 Act, and

(c) no other initial notice relating to that part of the work has been accepted.

(2) Where paragraph (1) applies, the owner must—

(a) on being given reasonable notice by the local authority, provide them with—

(i) sufficient plans of the work carried out, in respect of which no final certificate has been given, to show whether any part of that work would, if carried out in accordance with the plans, contravene any provision of the 2010 Regulations, and

(ii) where a plans certificate was given and not rejected in respect of any such part of the work, a copy of the plans to which it relates; and

(b) comply with any notice in writing from the local authority requiring the owner within a reasonable time to cut into, lay open or pull down so much of the work as prevents the local authority from ascertaining whether any work in relation to which there is no final certificate contravenes any requirement in the 2010 Regulations.

(3) Where paragraph (1) applies and work in relation to a building has begun but not been completed, a person who intends to carry out further work in relation to the partly completed work must give the local authority sufficient plans to show that the intended work will not contravene any requirement in the 2010 Regulations, including such plans of any part of the work already carried out as may be necessary to show that the intended work can be carried out without contravening any such requirement.

(4) Plans given to a local authority in accordance with paragraph (3) are not to be regarded as an application for building control approval with full plans.

Periods within which information on work to which an initial notice relates must be provided

23.—(1) For the purposes of section 53(4B) of the 1984 Act, the period within which a person shown in the initial notice as the registered building control approver (P) is required to give information to the local authority is 21 days beginning with the day on which the local authority gives P a notice under section 53(4A).

(2) For the purposes of section 53(4C) of the 1984 Act, the period within P is required to give information to the person carrying out or intending to carry out the work (C) is—

(a) 21 days beginning with the day on which the local authority gave P a notice under section 53(4A), or

(b) in relation to information requested by C pursuant to section 53(4C)(c), 21 days beginning with the date on which C gives P a notice under section 53(4C)(c).