Building Act 1984

[F1 Effect of public body’s notice ceasing to be in force where work becomes higher-risk building work E+W

Textual Amendments

F1 Sch. 4 paras. 1A-1C inserted (1.10.2023) by The Building (Public Bodies and Higher-Risk Building Work) (England) Regulations 2023 (S.I. 2023/504), regs. 1(2), 4(3); S.I. 2023/993, reg. 2(f) (with reg. 4)

1B. (1) This paragraph applies where a public body’s notice ceases to be in force, whether in whole or in part, by virtue of paragraph 1A. E+W

(2) If, before the day on which the relevant part of the public body’s notice ceased to be in force, a public body’s final certificate under paragraph 3 of this Schedule—

(a) was given in respect of part of the work to which the relevant part of the public body’s notice relates, and

(b) was accepted by the local authority,

the fact that the relevant part of the public body’s notice has ceased to be in force does not affect the continuing operation of paragraph 3(3) of this Schedule in relation to that part of the work.

(3) The building control authority in relation to any of the uncertified work is the regulator.

(4) In sub-paragraph (3), the “uncertified work” means any of the work—

(a) to which the relevant part of the public body’s notice relates, and

(b) in respect of which no public body’s final certificate has been accepted by the local authority as mentioned in sub-paragraph (2).

(5) Sections 91(3) (duties of the regulator) and 121A(1) (meaning of “building control authority”) apply as if, in each case, the reference to section 91ZA or 91ZB were a reference to section 91ZA, 91ZB or this paragraph.

(6) In any case where this paragraph applies, the reference in subsection (4) of section 36 to the date of the completion of the work in question has effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the relevant part of the public body’s notice ceased to be in force.

(7) In this paragraph “the relevant part of the public body’s notice” means so much of the public body’s notice (whether all or part of it) as was cancelled by a notice under paragraph 1A of this Schedule.]