Building Act 1984

94 Service of documents. E+W

[F1 (1)] A notice, order, consent, demand or other document that is authorised or required by or under this Act to be given to or served on a person may, in any case for which no other provision is made by [F2 or under] this Act, be given or served either—

(a) by delivering it to that person,

(b) in the case of an officer of a local authority, by leaving it, or sending it in a prepaid letter addressed to him, at his office,

[F3 (ba) in the case of an authorised officer of the regulator, by—

(i) leaving it at the relevant address (see subsection (2)), or

(ii) sending it in a prepaid letter addressed to the officer at the relevant address;]

(c) in the case of any [F4 person other than an officer of a local authority or an authorised officer of the regulator], by leaving it, or sending it in a prepaid letter addressed to him, at his usual or last known residence,

[F5 (ca) in the case of a partnership, by—

(i) delivering it to any partner,

(ii) leaving it at the principal office of the partnership, or

(iii) sending it in a prepaid letter addressed to the partnership at its principal office;]

(d) in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office,

(e) in the case of a document to be given to or served on a person as being the owner of any premises by virtue of the fact that he receives the rackrent thereof as agent for another, or would so receive it if the premises were let at a rackrent, by leaving it, or sending it in a prepaid letter addressed to him, at his place of business,

(f) in the case of a document to be given to or served on the owner or the occupier of any premises, if it is not practicable after reasonable inquiry to ascertain the name and address of the person to or on whom it should be given or served, or if the premises are unoccupied, by addressing it to the person concerned by the description of “owner” or “occupier” of the premises (naming them) to which it relates, and delivering it to some person on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises,

[F6 (g) by sending it by email to an electronic address at which the person has agreed to receive documents or has agreed to receive the document.]

[F7 (2) In subsection (1)—

• “agreed” means agreed in writing;

• “authorised officer” means a person in respect of whom an authorisation under section 22 of the Building Safety Act 2022 is in force;

• “the relevant address” means—

  (a)

  the address specified by the officer in writing, or

  (b)

  if no address has been specified, the principal office of the regulator.]

Textual Amendments

F1 S. 94 renumbered as s. 94(1) (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. 58(2); S.I. 2023/993, reg. 2(n)(xxv); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F2 Words in s. 94(1) 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. 58(3)(a); S.I. 2023/993, reg. 2(n)(xxv); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F3 S. 94(1)(ba) 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. 58(3)(b); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F4 Words in s. 94(1)(c) 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. 58(3)(c); S.I. 2023/993, reg. 2(n)(xxv); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F5 S. 94(1)(ca) 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. 58(3)(d); S.I. 2023/993, reg. 2(n)(xxv); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F6 S. 94(1)(g) 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. 58(3)(e); S.I. 2023/993, reg. 2(n)(xxv); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F7 S. 94(2) 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. 58(4); S.I. 2023/993, reg. 2(n)(xxv) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)