The Building (Restricted Activities and Functions) (Wales) Regulations 2024

Building control authorities: restricted activities and functions

3.—(1) For the purposes of section 46A(1) of the 1984 Act, the following activities are prescribed as a restricted activity—

(a) where plans relating to any building work are submitted to a local authority under any provision of the 2010 Regulations, the checking of those plans for compliance with any requirement of the building regulations(1) which is applicable to that building work;

(b) where an inspection of building work is to be carried out by a local authority for the purpose of checking compliance with any requirement of the building regulations which is applicable to the work, the carrying out of that inspection and scheduling the stages or points for inspections.

(2) For the purposes of section 46A(2) of the 1984 Act, the following functions are prescribed as a restricted function—

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

(b) passing or rejecting plans under section 16 of the 1984 Act (passing or rejection of plans) including exercising, in relation to such plans, 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 building 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) exercising any power under section 33 of the 1984 Act (tests for conformity with building regulations);

(h) deciding, for the purposes of section 35 of the 1984 Act (penalty for contravening building regulations), whether there is a contravention of a provision contained in building regulations;

(i) giving a section 36 notice(2) or deciding to pull down or remove work or effect alterations in it as deemed necessary under section 36(3) of the 1984 Act (removal or alteration of offending work);

(j) deciding whether to withdraw a section 36 notice where a written report is given under section 37(1)(a) of the 1984 Act (obtaining of report where section 36 notice given);

(k) giving a cancellation notice under section 52A(4) of the 1984 Act (cancellation of initial notice when work becomes higher-risk building work)(3);

(l) giving a completion certificate under regulation 17 of the 2010 Regulations (completion certificates);

(m) giving a completion certificate under regulation 17A of the 2010 Regulations (certificate for building occupied before work is completed)(4);

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

(i) a regularisation certificate under regulation 18 of the 2010 Regulations may be given;

(ii) any reasonable steps are required under regulation 18(3) of the 2010 Regulations;

(o) deciding, where regulation 19(1) of the Approved Inspectors Regulations (partly completed work) applies, whether—

(i) plans given under regulation 19(2)(a) of the Approved Inspectors Regulations are sufficient to show that the intended work would not contravene any requirement of the 2010 Regulations;

(ii) an owner should be required to cut into, lay open or pull down any of the work under regulation 19(2)(b) of the Approved Inspectors Regulations.

(1)

See the definition of “building regulations” in section 122 of the 1984 Act.

(2)

See the definition of “section 36 notice” in section 36(4) of the 1984 Act.

(3)

Section 52A was inserted into the 1984 Act by section 46 of the 2022 Act.

(4)

Regulation 17A was inserted into the Building Regulations 2010 (S.I. 2010/2214) by S.I. 2012/3119.