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Version Superseded: 01/10/2023
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Building Act 1984, Cross Heading: Type approval of building matter is up to date with all changes known to be in force on or before 01 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section has effect with a view to enabling the [F2appropriate national authority], either on an application made [F3by any person (the “original applicant”) or of its] own accord, to approve a particular type of building matter as complying, either generally or in a class of case, with particular requirements of building regulations.
(2)An application for the approval under subsection (1) above of a type of building matter shall comply with any requirements of building regulations as to the form of such applications and the particulars to be included in them.
(3)Where under subsection (1) above the [F4appropriate national authority] approves a type of building matter as complying with particular requirements of building regulations either generally or in a class of case, [F5it] may issue a certificate to that effect specifying—
(a)the type of building matter to which the certificate relates,
(b)the requirements of building regulations to which the certificate relates, and
(c)where applicable, the class or classes of case to which the certificate applies.
(4)A certificate under subsection (3) above, if it so provides, ceases to have effect at the end of such period as may be specified in the certificate.
(5)If, while a certificate under subsection (3) above is in force, it is found, in a particular case involving building matter of the type to which the certificate relates, that—
(a)the building matter in question is of that type, and
(b)the case is one to which the certificate applies,
that building matter shall in that particular case be deemed to comply with the requirements of building regulations to which the certificate relates.
(6)The [F6appropriate national authority] may vary a certificate under subsection (3) above, either on an application made to [F7it or of its own accord.]
(7)Building regulations may require a person making an application under subsection (1) or (6) above to pay the [F8appropriate national authority] the prescribed fee, and—
(a)without prejudice to paragraph 10 of Schedule 1 to this Act, regulations made by virtue of this subsection may prescribe different fees for different cases, and
(b)the [F8appropriate national authority] may in a particular case remit the whole or part of a fee payable by virtue of this subsection.
(8)The [F9appropriate national authority] may revoke a certificate issued under subsection (3) above, but, before doing so in the case of a certificate issued on an application under subsection (1) above, he shall give the person on whose application the certificate was issued reasonable notice that he proposes to do so.
(9)Where the [F10appropriate national authority] issues a certificate under subsection (3) above or varies or revokes a certificate so issued, [F11it] shall publish notice of that fact in such manner as [F11it] thinks fit.
(10)If at any time a certificate under subsection (3) above ceases to have effect by virtue of subsection (4) above, or is varied or revoked under subsection (6) or (8) above, that fact does not affect the continued operation of subsection (5) above by virtue of that certificate in a case in which before that time—
(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority, F12...
F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)For the purposes of subsection (3) above, or of any variation of a certificate under subsection (6) above, a class of case may be framed in any way that the [F13appropriate national authority] thinks fit.
(12)In this section, “building matter” has the same meaning as in section 11 above.
Textual Amendments
F1Words in s. 12 heading substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(2); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F2Words in s. 12(1) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(2); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F3Words in s. 12(1) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(3); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F4Words in s. 12(3) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(2); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F5Word in s. 12(3) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(4); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F6Words in s. 12(6) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(5)(a); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F7Words in s. 12(6) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(5)(b); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F8Words in s. 12(7) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(2); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F9Words in s. 12(8) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(2); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F10Words in s. 12(9) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(2); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F11Word in s. 12(9) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(9); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
F12S. 12(10)(b) and word repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13
F13Words in s. 12(11) substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 15(2); S.I. 2022/561, reg. 3(f), Sch. para. 20; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 12
Commencement Information
I1S. 12 in force at 1.12.1984 for specified purposes, see s. 134(1)(a)
(1)The [F14appropriate national authority] may be building regulations delegate to a person or body, to such extent and subject to such conditions as the [F14appropriate national authority] may think fit, the powers of approval conferred F15... by section 12 above.
(2)So far as those powers are for the time being so delegated to a person or body, section 12 above, except subsection (7) as far as the end of paragraph (a), and any building regulations made by virtue of subsection (7) shall (subject to any prescribed conditions) have effect in relation to that person or body with the substitution of references to that person or body for references to the [F14appropriate national authority].
Textual Amendments
F14Words in s. 13 substituted (28.6.2022 for E., 5.9.2023 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 16(2); S.I. 2022/561, reg. 3(f), Sch. para. 21; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 13
F15Words in s. 13(1) omitted (28.6.2022 for E., 5.9.2023 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 16(3); S.I. 2022/561, reg. 3(f), Sch. para. 21; S.I. 2023/914, reg. 2(b)(xiii), Sch. para. 13
Commencement Information
I2S. 13 in force at 1.12.1984 for specified purposes, see s. 134(1)(a)
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