Building Safety Act 2022

49 Plans certificates E+W

(1) The Building Act 1984 is amended as follows.

(2) In section 50 (plans certificates)—

(a) for subsection (1) substitute—

“(1) In this Part a “plans certificate” means a certificate by a registered building control approver that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the approver has given an initial notice).

(1A) The relevant conditions are that the registered building control approver—

(a) has inspected—

(i) full plans of the work, or

(ii) plans of the work that the approver is satisfied are sufficient for the purposes of giving a plans certificate in relation to the work,

(b) is satisfied that the plans are not defective,

(c) is satisfied that work carried out in accordance with the plans would not contravene any provision of building regulations, and

(d) has complied with any prescribed requirements as to consultation or otherwise.

(1B) Subsection (1C) applies if the person intending to carry out work to which an initial notice relates asks the registered building control approver who gave the initial notice to give a plans certificate in respect of the work.

(1C) If the relevant conditions are met, the approver must give a plans certificate to the local authority and the person intending to carry out the work.

(1D) A plans certificate must be in the prescribed form.”;

(b) in subsection (4) for “certificate under subsection (1) above” substitute “plans certificate”;

(c) after subsection (7) insert—

“(7A) Building regulations may make further provision in connection with plans certificates, including in particular provision—

(a) requiring a plans certificate to be given to the local authority in prescribed cases;

(b) about the consequences of failing to comply with such a requirement (for example, for an initial notice to cease to have effect in whole or in part);

(c) requiring a plans certificate stating that the condition in subsection (1A)(a)(ii) is met to include prescribed information about the further plans that the registered building control approver considers need to be provided.”

(3) In paragraph 2 of Schedule 4 (public body’s plans certificates)—

(a) for sub-paragraph (1) substitute—

“(1) In this Part a “public body’s plans certificate” means a certificate by a public body that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the public body has given a public body’s notice).

(1A) The relevant conditions are that the public body—

(a) is satisfied that—

(i) a competent person has inspected full plans of the work, or

(ii) a competent person has inspected plans of the work which the public body is satisfied, in the light of that inspection, are sufficient for the purposes of giving a public body’s plans certificate in relation to the work,

(b) is satisfied in the light of that inspection that the plans are not defective,

(c) is satisfied in the light of that inspection that work carried out in accordance with the plans would not contravene any provision of building regulations, and

(d) has complied with any prescribed requirements as to consultation or otherwise.

(1B) “Competent person” means a servant or agent of the public body who is competent to assess the plans.

(1C) If the relevant conditions are met, the public body may give a public body’s plans certificate to the local authority.

(1D) A public body’s plans certificate must be in the prescribed form.”;

(b) after sub-paragraph (6) insert—

“(7) Building regulations may make further provision about public body’s plans certificates, including in particular provision—

(a) requiring a public body’s plans certificate to be given to the local authority in prescribed cases;

(b) about the consequences of failing to comply with such a requirement (for example, for a public body’s notice to cease to have effect in whole or in part);

(c) requiring a public body’s plans certificate stating that the condition in sub-paragraph (1A)(a)(ii) is met to include prescribed information about the further plans that the public body considers need to be provided.”

Commencement Information

I1 S. 49 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

I2 S. 49 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(v)

I3 S. 49 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(xii)

I4 S. 49 in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(e) (with reg. 3)

I5 S. 49(1)(2) in force at 25.4.2024 for W. in so far as not already in force by S.I. 2024/447, reg. 2