Building Act 1984

Lapse of deposit of plans E+W

32 [F1 Lapse of deposit of plans.[F1 Lapse of building control approval]] E+W

[F1 (1) Where plans of any proposed work have, in accordance with building regulations, been deposited with a local authority, and—

(a) the plans have been passed by the authority, or

(b) notice of rejection of the plans has not been given within the relevant period from their deposit,

and the work to which the plans relate has not been commenced within three years from the deposit of the plans, the local authority may, at any time before the work is commenced, by notice to the person by whom or on whose behalf the plans were deposited, or other the owner for the time being of the land to which the plans relate, declare that the deposit of the plans is of no effect.

(2) Where a notice has been given under subsection (1) above, this Act and the building regulations shall, as respects the proposed work, have effect as if no plans had been deposited.]

[F1 (1) This section applies where—

(a) an application for building control approval in respect of any work is made on any day (“the relevant day”), and

(b) the application is granted.

(2) Where—

(a) the work relates to one building, and

(b) the work is not commenced within 3 years from the end of the relevant day,

the relevant provisions have effect as if the application had not been made (and the approval had not been given).

(3) Where—

(a) the work relates to more than one building, and

(b) the work relating to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day,

the relevant provisions have effect in relation to those buildings and the relevant work as if the application had not been made (and the approval had not been given).

(4) In subsection (1) the reference to an application for building control approval is to an application for approval of a kind mentioned in paragraph 1B(2)(a) of Schedule 1.

(5) In this section “the relevant provisions” means this Act and regulations made under it except the following provisions and any regulations made under them—

(a) sections 56, 56A, 56B and 91A (records and registers etc);

(b) section 105B (fees and charges).

(6) Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.]

Textual Amendments

F1 S. 32 substituted (6.4.2023 for specified purposes except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 36(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o)