Building Act 1984

Supervision of their own work by public bodies E+W

54 Giving, acceptance and effect of public body’s notice. E+W

(1) This section applies where a body (corporate or unincorporated that acts under an enactment for public purposes and not for its own profit and is, or is of a description that is, approved by the Secretary of State in accordance with building regulations (in this Part of this Act referred to as a “public body”)—

(a) intends to carry out in relation to a building belonging to it work to which the substantive requirements of building regulations apply.

(b) considers that the work can be adequately supervised by its own servants or agents, and

(c) gives to the local authority in whose district the work is to be carried out notice in the prescribed form (called a “public body’s notice”) together with such plans of the work as may be prescribed.

(2) A public body’s notice is of no effect unless it is accepted by the local authority to whom it is given; and that local authority—

(a) may not reject the notice except on prescribed grounds, and

(b) shall reject the notice if any of the prescribed grounds exists,

and, in a case where the work to which the public body’s notice relates is work of such a description that, if plans of if had been deposited with the local authority, the authority could, under an enactment, have imposed requirements as a condition of passing the plans, the local authority may impose the like requirements as a condition of accepting the public body’s notice.

(3) Unless, within the prescribed period, the local authority to whom a public body’s notice is given give notice of rejection, specifying the ground or grounds in question, the authority is conclusively presumed to have accepted the public body’s notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

(4) Section 48 above has effect for the purposes of this section—

(a) with the substitution of a reference to a public body’s notice for any reference to an initial notice, and

(b) with the substitution, in subsection (2)(a), of a reference to subsection (1)(c) of this section for the reference to section 47(1)(b).

(5) The form prescribed for a public body’s notice may be such as to require the public body by whom it is to be given—

(a) to furnish information relevant for the purposes of this Act, Part II or IV of the M1 Public Health Act 1936 or any provision of building regulations, and

(b) to enter into undertakings with respect to consultation and other matters.

(6) Where a public body’s notice is given and accepted by the local authority to whom it is given, the provisions of Schedule 4 to this Act have effect, being provisions that correspond, as nearly as may be, to those made by the preceding provisions of this Part of this Act for the case where an initial notice is given and accepted.

Marginal Citations

M1 1936 c. 49.