Building Act 1984

Duties of local authorities [F1 etc] E+W

Textual Amendments

F1 Word in s. 91 cross-heading inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 54; S.I. 2023/993, reg. 2(n)(xxii); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

91 Duties of local authorities [F2 and the regulator]. E+W

(1) It is the duty of local authorities to carry this Act into execution in their areas, subject to—

[F3 (za) subsection (3) of this section and regulations under section 91ZD,]

(a) the provisions of this Act relating to certain other authorities or persons,

(b) the provisions of Part I of the M1 Public Health Act 1936 relating to united districts and joint boards,

(c) section 151 of the M2 Local Government, Planning and Land Act 1980 (urban development areas), and

(d) section 1(3) of the M3 Public Health (Control of Disease) Act 1984 (port health authorities).

(2) It is the function of local authorities to enforce building regulations in their areas, subject to [F4 sections 5(3), 48(1) and 53(2) above . . . F5 .] [F4 —

(a) subsection (3) of this section,

(b) sections 5(3), 48(1) and 53(2), and

(c) regulations under section 91ZD.]

[F6 (3) In cases where section 91ZA or 91ZB provides that the regulator is the building control authority, it is the duty of the regulator (and not the local authority in question)—

(a) to carry Part 1 of this Act into execution, and

(b) to enforce building regulations.]

Textual Amendments

F2 Words in s. 91 heading inserted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(d), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)

F3 S. 91(1)(za) inserted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)

F4 Words in s. 91(2) substituted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)

F5 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F6 S. 91(3) inserted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(c), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)

Marginal Citations

M1 1936 c. 49.

M2 1980 c. 65.

M3 1984 c. 22.

[F7 91ZA The regulator: building control authority for higher-risk buildings in England E+W

(1) The regulator is the building control authority in relation to any higher-risk building in England or any proposed such building.

(2) This includes the regulator being the building control authority as regards—

(a) any work relating to a building in England that is not a higher-risk building that causes it to become such a building, and

(b) any work relating to a higher-risk building in England that causes it to cease to be such a building.

(3) In this Act “higher-risk building work”, in relation to England, means any work for which the regulator is the building control authority by virtue of this section.

(4) For the meaning of “higher-risk building” see section 120D.

Textual Amendments

F7 Ss. 91ZA-91ZD inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for specified purposes, 1.10.2023 in so far as not already in force except in relation to W., 6.4.2024 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 32(3), 170(4); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/914, reg. 2(a); S.I. 2023/993, reg. 2(f) (with reg. 4); S.I. 2024/207, reg. 2(a) (with regs. 3, 4, 8-12)

91ZB The regulator: building control authority for other work E+W

(1) This section applies in relation to work of a prescribed description (“the work”) that is to be carried out in England and has a prescribed connection with any higher-risk building work.

(2) Where—

(a) the regulator and the person intending to carry out the work, acting jointly, give a notice under this section (a “regulator’s notice”) to the local authority for the area in which the work is to be carried out, and

(b) the regulator’s notice is accepted (or treated as accepted) by the local authority,

the regulator is the building control authority in relation to the work.

(3) A regulator’s notice may not be given if any of the following has been given to the local authority in relation to the work (or any part of it)—

(a) an application for building control approval;

(b) an initial notice (within the meaning of section 47);

(c) a public body’s notice (within the meaning of section 54).

Textual Amendments

F7 Ss. 91ZA-91ZD inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for specified purposes, 1.10.2023 in so far as not already in force except in relation to W., 6.4.2024 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 32(3), 170(4); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/914, reg. 2(a); S.I. 2023/993, reg. 2(f) (with reg. 4); S.I. 2024/207, reg. 2(a) (with regs. 3, 4, 8-12)

91ZC Section 91ZB: supplementary E+W

(1) This section supplements section 91ZB.

(2) A local authority to whom a regulator’s notice is given must reject the notice if any prescribed ground exists, and must otherwise accept the notice.

(3) A notice of rejection must be given within the prescribed period, and must specify the ground or grounds in question.

(4) The person intending to carry out the work may appeal to the tribunal against a decision of the local authority to reject the regulator’s notice.

(5) Where a local authority to whom a regulator’s notice is given does not—

(a) give a notice of rejection in accordance with subsection (3), or

(b) give a notice of acceptance within the period mentioned in that subsection,

the authority is treated as having accepted the regulator’s notice at the end of that period.

(6) As regards any notice under section 91ZB or this section, building regulations may make provision about—

(a) the form and content of the notice;

(b) the information and documents that must accompany it;

(c) the way in which the notice, and anything that is to accompany it, is to be given.

Textual Amendments

F7 Ss. 91ZA-91ZD inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for specified purposes, 1.10.2023 in so far as not already in force except in relation to W., 6.4.2024 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 32(3), 170(4); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/914, reg. 2(a); S.I. 2023/993, reg. 2(f) (with reg. 4); S.I. 2024/207, reg. 2(a) (with regs. 3, 4, 8-12)

91ZD Higher-risk buildings in Wales: local authority work E+W

(1) Building regulations may make provision about cases where a local authority for an area in Wales (“the relevant local authority”) proposes to carry out higher-risk building work in that area.

(2) The regulations may in particular—

(a) restrict (or prevent) the exercise by the relevant local authority of prescribed functions in relation to the higher-risk building work;

(b) require the relevant local authority to notify the Welsh Ministers of prescribed matters;

(c) confer on the Welsh Ministers a power to designate another local authority as the building control authority in relation to the higher-risk building work (instead of the relevant local authority);

(d) confer on the Welsh Ministers a power to require the relevant local authority to provide specified information, for the purposes of deciding whether to exercise the power of designation.

(3) The regulations may also provide, in cases where a local authority is designated as the building control authority in relation to the higher-risk building work, that the relevant local authority and the designated local authority may agree that the designated local authority is to be the building control authority in relation to any work of a prescribed description that has a prescribed connection with the higher-risk building work.

(4) Where, as a result of regulations made by virtue of subsection (2)(c) or (3), a designated local authority is the building control authority in relation to any work, as regards that work—

(a) prescribed functions are functions of the designated local authority (rather than the relevant local authority);

(b) the designated local authority (rather than the relevant local authority) must perform such functions relating to enforcement as may be prescribed.]

Textual Amendments

F7 Ss. 91ZA-91ZD inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for specified purposes, 1.10.2023 in so far as not already in force except in relation to W., 6.4.2024 for specified purposes) by Building Safety Act 2022 (c. 30), ss. 32(3), 170(4); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/914, reg. 2(a); S.I. 2023/993, reg. 2(f) (with reg. 4); S.I. 2024/207, reg. 2(a) (with regs. 3, 4, 8-12)

[F8 91A Registers to be kept by local authorities [F9 and the regulator] E+W

(1) A [F10 relevant authority] shall keep in a register such information and documents as may be prescribed in connection with their functions, powers and duties conferred or imposed by or under this Act.

(2) The information and documents that may be prescribed for the purposes of subsection (1) above include, in particular—

(a) documents that are given or issued to [F11 , or deposited with,] a [F12 relevant authority] in accordance with provision made by or under this Act, or copies of such documents;

(b) copies of documents that are given, made or issued by a [F12 relevant authority] in accordance with provision so made;

(c) information with respect to documents of the kind mentioned in paragraph (a) or (b);

(d) information with respect to matters to which such documents relate.

(3) Information and documents that are required to be kept in a register under subsection (1) above shall be so kept for the prescribed period.

(4) A [F13 relevant authority]—

(a) shall maintain the register required under subsection (1) above in the prescribed manner;

(b) shall ensure that the register is available for inspection by members of the public during prescribed periods;

(c) shall, in prescribed circumstances, provide to members of the public, on request, copies of information and documents kept in the register;

(d) may, in prescribed circumstances, charge a member of the public to whom they provide such copies a fee calculated in the prescribed manner.

(5) In this section—

• “documents” includes notices, certificates, orders, consents, demands and plans;

• “prescribed” means prescribed by regulations made by the [F14 appropriate national authority] under this section.

• [F15 “relevant authority” means a local authority or the regulator.]

F16 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F8 S. 91A inserted (1.2.2006 for specified purposes) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 7, 11(3); S.I. 2006/224, art. 2(b)

F9 Words in s. 91A heading inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 55(5); S.I. 2023/993, reg. 2(n)(xxiii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F10 Words in s. 91A(1) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 55(2); S.I. 2023/993, reg. 2(n)(xxiii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F11 Words in s. 91A(2)(a) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 55(3); S.I. 2023/993, reg. 2(n)(xxiii)

F12 Words in s. 91A(2) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 55(2); S.I. 2023/993, reg. 2(n)(xxiii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F13 Words in s. 91A(4) substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 55(2); S.I. 2023/993, reg. 2(n)(xxiii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F14 Words in s. 91A(5) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 55(4)(a); S.I. 2022/561, reg. 3(f), Sch. para. 30; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 22

F15 Words in s. 91A(5) inserted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 55(4)(b); S.I. 2023/993, reg. 2(n)(xxiii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F16 S. 91A(6)-(8) omitted (28.6.2022 for E., 5.9.2023 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 55(6); S.I. 2022/561, reg. 3(f), Sch. para. 30; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 22

[F17 91B Cooperation and the sharing of information: Wales E+W

(1) Relevant persons (as defined by subsection (7)) must cooperate with each other in the exercise of any of the following functions—

(a) any function of a local authority under this Act,

(b) any function of a Welsh fire and rescue authority under—

(i) section 6 or 7 of the Fire and Rescue Services Act 2004, or

(ii) the Regulatory Reform (Fire Safety) Order 2005, and

(c) any function of a fire inspector under that Order.

(2) A relevant person may disclose information held in connection with any of their relevant functions to another relevant person for the purposes of a relevant function of either of them.

(3) The Welsh Ministers and a relevant person must cooperate with each other in the exercise of any of the following functions—

(a) a function of the Welsh Ministers under Part 2A;

(b) a function mentioned in the relevant paragraph of subsection (1).

(4) The Welsh Ministers may disclose information held in connection with a function under Part 2A to a relevant person for the purposes of—

(a) a function of the Welsh Ministers under Part 2A, or

(b)  a function mentioned in the relevant paragraph of subsection (1).

(5) A relevant person may disclose information held in connection with a function mentioned in the relevant paragraph of subsection (1) to the Welsh Ministers for the purposes of—

(a) a function mentioned in the relevant paragraph of subsection (1), or

(b) a function of the Welsh Ministers under Part 2A.

(6) In subsections (3) to (5) “the relevant paragraph” of subsection (1), in relation to a kind of relevant person, means the paragraph of subsection (1) relating to a relevant person of that kind.

(7) In this section—

• “fire inspector” means an inspector or assistant inspector appointed under section 28(1) of the Fire and Rescue Services Act 2004;

• “relevant person” means a local authority in Wales, Welsh fire and rescue authority or fire inspector;

• “relevant function” means—

  (a)

  in relation to a local authority, any function of a local authority under—

  (i)

  the Prevention of Damage by Pests Act 1949,

  (ii)

  Part 2 of the Public Health Act 1961,

  (iii)

  Part 11 of the Local Government (Miscellaneous Provisions) Act 1982,

  (iv)

  Part 3 of the Environmental Protection Act 1990,

  (v)

  Parts 1 to 4 of the Housing Act 2004, or

  (vi)

  this Act,

  or any prescribed function of a local authority;

  (b)

  in relation to a Welsh fire and rescue authority, any function of such an authority under—

  (i)

  the Fire and Rescue Services Act 2004, or

  (ii)

  the Regulatory Reform (Fire Safety) Order 2005,

  or any prescribed function of such an authority;

  (c)

  in relation to a fire inspector, any function of a fire inspector under the Regulatory Reform (Fire Safety) Order 2005;

• “Welsh fire and rescue authority” means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in Wales.

(8) Except as provided by subsection (9), the disclosure of information under this section does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(9) This section does not authorise a disclosure of information if the disclosure would contravene the data protection legislation (but in determining whether a disclosure would do so, take into account the powers conferred by this section).]

Textual Amendments

F17 S. 91B inserted (6.4.2024) by Building Safety Act 2022 (c. 30), s. 170(4), Sch. 5 para. 56; S.I. 2024/207, reg. 2(c) (with regs. 3, 4, 8-12)