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The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 No. 753

  1. Introductory Text

  2. PART 1 Introduction

    1. 1.Citation, commencement, extent and application

    2. 2.Interpretation

    3. 3.Relevant buildings

    4. 4.Notices

  3. PART 2 The Responsible Actors Scheme

    1. CHAPTER 1 Establishment and eligibility for membership

      1. 5.Establishment of scheme

      2. 6.Eligibility: general

      3. 7.Eligibility: residential property developers

      4. 8.Eligibility: buildings eligible for remediation funds

      5. 9.Voluntary eligibility

      6. 10.Residential property development

      7. 11.Profit condition

      8. 12.Eligibility: avoidance

    2. CHAPTER 2 Membership of the scheme

      1. 13.Invitation by the Secretary of State to apply for membership

      2. 14.Application for membership following invitation

      3. 15.Request for an invitation to apply for membership

      4. 16.Applications for volunteers

      5. 17.Late application for membership

      6. 18.Application following revocation of membership

      7. 19.Determination of applications

      8. 20.Publication of list of members, prohibitions list and other lists

    3. CHAPTER 3 Conditions of scheme

      1. 21.Self Remediation Terms

      2. 22.Provision of information to the Secretary of State

      3. 23.Membership conditions: avoidance

    4. CHAPTER 4 Termination of membership

      1. 24.Grounds for revocation of membership

      2. 25.Warning of revocation of membership

      3. 26.Procedure for revocation of membership

      4. 27.Ending membership otherwise than by revocation

  4. PART 3 Planning and Building Control Prohibitions

    1. CHAPTER 1 Application

      1. 28.Application of prohibitions

    2. CHAPTER 2 Prohibition on Development

      1. 29.Planning prohibition

      2. 30.Notice of prohibition

      3. 31.Exception for critical national infrastructure

      4. 32.Transitional provision

    3. CHAPTER 3 Building Control Prohibitions

      1. 33.Building control prohibitions

      2. 34.Exception to building control prohibition: emergency repair work

      3. 35.Exception to building control prohibition: work to occupied buildings

      4. 36.Exception to building control prohibition: purchasers

      5. 37.Exception to building control prohibitions and modification of the Building Regulations 2010: regularisation

      6. 38.Exception for critical national infrastructure

      7. 39.Effect of things done in contravention of these Regulations

      8. 40.Transitional provision

    4. CHAPTER 5 Enforcement and disapplication of the prohibitions to certain persons not in the building industry

      1. 41.Application of Part 7 (Enforcement) of the Town and Country Planning Act 1990

      2. 42.Exception: disapplication of the prohibitions to certain persons not in the building industry

  5. PART 4 Review

    1. 43.Review

  6. Signature

    1. SCHEDULE

      Modifications to the Town and Country Planning Act 1990

      1. 1.Part 7 of the Town and Country Planning Act 1990...

      2. 2.Modification of section 171A (expressions used in connection with enforcement)

      3. 3.Modification of section 171C (power to require information about activities on land)

      4. 4.Modification of section 171E (temporary stop notice)

      5. 5.Modification of section 171F (temporary stop notice: restrictions)

      6. 6.Modification of section 171H (temporary stop notices: compensation)

      7. 7.Modification of section 172 (issue of enforcement notice)

      8. 8.Modification of section 173 (contents and effect of notice)

      9. 9.Modification of section 174 (appeal against enforcement notice)

      10. 10.Modification of section 175 (appeals: supplementary provisions)

      11. 11.Modification of section 176 (general provisions relating to determination of appeals)

      12. 12.Modification of section 177 (grant or modification of planning permission on appeals against enforcement notices)

      13. 13.Modification of section 180 (effect of planning permission, etc, on enforcement or breach of condition notice)

      14. 14.Modifications of section 181 (enforcement notice to have effect against subsequent development)

      15. 15.Modification of section 183 (stop notices)

      16. 16.Modification of section 186 (compensation for loss due to stop notice)

      17. 17.Modification of section 188 (Register of enforcement and stop notices)

  8. Explanatory Note

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