C1C2C3C4C5C11C8C9 Part I Building Regulations

Annotations:
Modifications etc. (not altering text)
C3

Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)

C4

Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7P

Pt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))

C5

Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8

Breach of building regulations

C10C7C635F3 Penalty for contravening building regulations.F3Offence of contravening building regulations etc

F3If a person contravenes any provision contained in building regulations, other than a provision designated in the regulations as one to which this section does not apply, he is liable on summary conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £50 for each day on which the default continues after he is convicted.

F31

A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.

2

Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations.

3

Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed.

4

A person guilty of an offence under this section is liable—

a

on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.

35AF4Time limit for prosecution for contravention of F1... building regulations

F81

Despite anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43), an information relating to F7an offence under section 35 above may be tried by a magistrates' court if it is laid at any time—

a

within the period of two years beginning with the day on which the offence was committed, and

b

within the period of six months beginning with the relevant date.

F62

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F53

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4

In subsection (1)(b) above, “ the relevant date ” means the date on which evidence sufficient to justify the proceedings comes to the knowledge of the person commencing the proceedings.

5

In the case of proceedings commenced by a local authority—

a

evidence is to be regarded for the purposes of subsection (4) above as sufficient to justify the proceedings if in the opinion of the proper officer or an authorised officer it is sufficient to justify the proceedings, and

b

a certificate of the proper officer or, as the case may be, that authorised officer as to the date on which evidence which, in his opinion, was sufficient to justify the proceedings came to the knowledge of the person commencing the proceedings is to be conclusive evidence of that fact.

F26

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