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Building Act 1984
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Changes over time for: Section 5
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Building Act 1984, Section 5 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(1A)(d) inserted by 2015 c. 7 s. 37(2)
- s. 44(11) inserted by 2004 c. 22 s. 3(8)
- s. 95(5) inserted by 2022 c. 30 s. 60(2)
- s. 131A inserted by 2022 c. 30 s. 59
- s. 131B inserted by 2022 c. 30 s. 60(3)
- Sch. 1 para. 7A inserted by 2015 c. 7 s. 37(4)
- Sch. 1 para. 7A(4) words substituted by 2022 c. 30 Sch. 5 para. 83(5) (This amendment not applied to legislation.gov.uk. The insertion of Sch. 1 para. 7A by 2015 c. 7, s. 37(4) is still prospective.)
5 Exemption of public bodies from procedural requirements of building regulations.E+W
(1)Building regulations may exempt—
(a)a local authority,
(b)a county council, or
(c)any other body that acts under an enactment for public purposes and not for its own profit and is prescribed for the purposes of this section,
from compliance with any requirements of those regulations that are not substantive requirements.
(2)A local authority, county council or other body that is exempted as mentioned in subsection (1) above is in subsection (3) below referred to as an “exempt body”.
(3)Without prejudice to the obligation of an exempt body to comply with substantive requirements of building regulations, the function of enforcing building regulations that is conferred on local authorities by section 91(2) below is not exercisable in relation to work carried out by an exempt body, and accordingly—
(a)nothing in section 36(1) to (5) below applies in relation to work so carried out, and
(b)a local authority may not institute proceedings under section 35 below for a contravention F1... by an exempt body.
[F2(3A)In relation to higher-risk building work in England—
(a)exemptions under subsection (1) have no effect (and accordingly bodies must comply with requirements applicable to such work, whether substantive or not), and
(b)subsection (3) has no effect (and accordingly the provisions mentioned in that subsection are not disapplied or otherwise affected by it in relation to such work).]
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 5(3)(b) omitted (1.10.2023 except in relation to W., 6.4.2024 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 7; S.I. 2023/993, reg. 2(n)(iii); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
F2S. 5(3A) inserted (1.10.2023) by The Building (Public Bodies and Higher-Risk Building Work) (England) Regulations 2023 (S.I. 2023/504), regs. 1(2), 2; S.I. 2023/993, reg. 2(f) (with reg. 4)
F3S. 5(4) omitted (1.10.2023 except in relation to W., 6.4.2024 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 8; S.I. 2023/993, reg. 2(n)(iii); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)
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