Building Act 1984 (c. 55)

SCHEDULES

Section 54.

SCHEDULE 4 E+W Provisions Consequential Upon Public Body’s Notice

Duration of notice E+W

1 (1) A public body’s notice comes into force when it is accepted by the local authorty, either by notice given within the prescribed period to the public body by which it was given or by virtue of section 54(3) of this Act, and, subject to paragraph 3(3) [F1 below] [F1 (final certificates) and paragraph 4A (lapse of public body’s notice)], continues in force until [F2 — E+W

(a) the occurrence of, or the expiry of a prescribed period of time beginning on the date of such event as may be prescribed, or

(b) it is cancelled, in whole or part, by a notice under paragraph 1A (work in England reassessed as higher-risk building work)].

(2) Building regulations may empower a local authority to extend (whether before or after its expiry) any such period of time as is referred to in sub-paragraph (1) above.

Textual Amendments

F1 Words in Sch. 4 para. 1(1) substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 36(10), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o); S.I. 2023/914, reg. 2(b)(iii); S.I. 2023/993, reg. 2(g) (with regs. 3, 5)

F2 Words in Sch. 4 para. 1(1) substituted (1.10.2023) by The Building (Public Bodies and Higher-Risk Building Work) (England) Regulations 2023 (S.I. 2023/504), regs. 1(2), 4(2); S.I. 2023/993, reg. 2(f) (with reg. 4)

[F3 Cancellation of a public body’s notice where work to a building in England becomes higher-risk building work E+W

Textual Amendments

F3 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)

1A. (1) Sub-paragraph (2) applies where— E+W

(a) a public body’s notice relating to a building in England is in force, and

(b) it appears to the public body that some or all of the work in relation to which that notice has effect has become higher-risk building work.

(2) Where this sub-paragraph applies the public body must, as soon as is reasonably practicable—

(a) cancel the relevant part of the public body’s notice by notice in the prescribed form given to the local authority concerned, and

(b) give a copy of that notice to the regulator.

(3) Sub-paragraph (4) applies where—

(a) a public body’s notice relating to a building in England is in force, and

(b) it appears to the local authority concerned that some or all of the work in relation to which that notice has effect has become higher-risk building work.

(4) Where this sub-paragraph applies the local authority must, as soon as is reasonably practicable—

(a) cancel the relevant part of the public body’s notice by notice in the prescribed form given to the public body, and

(b) give a copy of that notice to the regulator.

(5) Where a notice is given under sub-paragraph (2) or (4) (a “cancellation notice”)—

(a) the part of the public body’s notice to which the cancellation notice relates is cancelled with effect from the day after the day on which the cancellation notice is given, and

(b) a new public body’s notice may not be given in relation to any of the work to which the cancelled part of the public body’s notice related.

(6) Where a public body fails to—

(a) give to a local authority a notice that the body is required to give by sub-paragraph (2);

(b) give to the regulator a copy of a notice that the body is required to give by sub-paragraph (2),

then on becoming aware of the failure the regulator may, by notice in writing, impose a penalty of £7,500, which is recoverable by the regulator as a debt.

(7) Before imposing a penalty under sub-paragraph (6) the regulator must—

(a) give the public body a notice of its intention to impose the penalty; and

(b) have regard to any representations made by the public body during the period referred to in sub-paragraph (8).

(8) The regulator must not give a notice under sub-paragraph (6) imposing a penalty on a public body until a period of 14 days beginning with the day after the day on which the notice under sub-paragraph (7) is given has expired.

(9) A public body may appeal to the tribunal against the decision of the regulator to impose a penalty under sub-paragraph (6) provided that the appeal is made within a period of 21 days beginning with the day after the day on which the regulator gives a notice to the body imposing the penalty.

(10) On an appeal the tribunal—

(a) must determine whether the decision to impose the penalty was based on an error of fact, wrong in law or unreasonable, and

(b) may confirm, quash or vary the decision.

(11) 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 relates to work that has become higher-risk building work.

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

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.

Appeals against cancellation of a public body’s notice by a local authority E+W

1C. (1) Where a local authority cancels a public body’s notice, in whole or in part, by giving a notice (a “cancellation notice”) under paragraph 1A(4) of this Schedule the public body may appeal to the tribunal within 21 days of the day the notice is given under that paragraph. E+W

(2) On an appeal under sub-paragraph (1), the tribunal must determine whether the relevant part of the public body’s notice was properly cancelled.

(3) In a case where the tribunal determines that the relevant part of the public body’s notice was not properly cancelled—

(a) the determination does not have the effect of reinstating the relevant part of the public body’s notice;

(b) paragraph 1B(2) and (6) of this Schedule continue to apply in relation to the relevant part of the public body’s notice;

(c) the tribunal may give such directions as it considers appropriate in consequence of the determination (which may include giving directions to the regulator).

(4) 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 subject to the cancellation notice.]

Public body’s plans certificates E+W

2 [F4 (1) Where a public body— E+W

(a) is satisfied that plans of the work specified in a public body’s notice given by it have been inspected by a servant or agent of the body who is competent to assess the plans,

(b) in the light of that inspection is satisfied that the plans neither are defective nor show that work carried out in accordance with them would contravene any provision of building regulations, and

(c) has complied with any prescribed requirements as to consultation or otherwise,

the body may give to the local authority a certificate in the prescribed form (called a “public body’s plans certificate”).]

[F4 (1) In this Part a “public body’s plans certificate” means a certificate by a public body that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the public body has given a public body’s notice).

(1A) The relevant conditions are that the public body—

(a) is satisfied that—

(i) a competent person has inspected full plans of the work, or

(ii) a competent person has inspected plans of the work which the public body is satisfied, in the light of that inspection, are sufficient for the purposes of giving a public body’s plans certificate in relation to the work,

(b) is satisfied in the light of that inspection that the plans are not defective,

(c) is satisfied in the light of that inspection that work carried out in accordance with the plans would not contravene any provision of building regulations, and

(d) has complied with any prescribed requirements as to consultation or otherwise.

(1B) “Competent person” means a servant or agent of the public body who is competent to assess the plans.

(1C) If the relevant conditions are met, the public body may give a public body’s plans certificate to the local authority.

(1D) A public body’s plans certificate must be in the prescribed form.]

(2) Building regulations may authorise the giving of a public body’s notice combined with a public body’s plans certificate, and may prescribe a single form for such a combined notice and certificate; and where such a prescribed form is used—

(a) a reference in this Schedule or in any other provision of Part II of this Act to a public body’s notice or to a public body’s plans certificate includes a reference to that form, but

(b) should the form cease to be in force as a public body’s notice by virtue of paragraph 1(1) above, nothing in that paragraph affects the continuing validity of the form as a public body’s plans certificate.

(3) A public body’s plans certificate—

(a) may relate either to the whole or to part only of the work specified in the public body’s notice concerned, and

(b) does not have effect unless it is accepted by the local authoritity to whom it is given.

(4) A local authority to whom a public body’s plans certificate is given—

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

(b) shall reject the certificate if any of the prescribed grounds exists.

(5) Unless, within the prescribed period, the local authority to whom a public body’s plans certificate is given give notice of rejection, specifying the ground or grounds in question, to the public body by which the certificate was given, the authority are conclusively presumed to have accepted the certificate.

(6) [F5 If it appears to a local authority by whom a public body’s plans certificate has been accepted that the work to which the certificate relates has not been commenced within the period of three years beginning on the date on which the certificate was accepted, the authority may rescind their acceptance of the certificate by notice, specifying the ground or grounds in question given to the public body.]

[F6 (7) Building regulations may make further provision about public body’s plans certificates, including in particular provision—

(a) requiring a public body’s plans certificate to be given to the local authority in prescribed cases;

(b) about the consequences of failing to comply with such a requirement (for example, for a public body’s notice to cease to have effect in whole or in part);

(c) requiring a public body’s plans certificate stating that the condition in sub-paragraph (1A)(a)(ii) is met to include prescribed information about the further plans that the public body considers need to be provided.]

Textual Amendments

F4 Sch. 4 para. 2(1)-(1D) substituted for Sch. 4 para. 2(1) (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 49(3)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(e) (with reg. 3)

F5 Sch. 4 para. 2(6) omitted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), ss. 36(11), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o); S.I. 2023/914, reg. 2(b)(iii); S.I. 2023/993, reg. 2(g) (with regs. 3, 5)

F6 Sch. 4 para. 2(7) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 49(3)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(e) (with reg. 3)

Public body’s final certificates E+W

3 (1) Where a public body is satisfied that any work specified in a public body’s notice given by it has been completed, the body may give to the local authority such certificate with respect to the completion of the work and compliance with building regulations as may be prescribed (called a “public body’s final certificate”). E+W

(2) Sub-paragraphs (3) to (5) of paragraph 2 above have effect in relation to a public body’s final certificate as if any reference in those sub-paragraphs to a public body’s plans certificate were a reference to a public body’s final certificate.

(3) Where a public body’s final certificate has been given with respect to any of the work specified in a public body’s notice and that certificate has been accepted by the local authority concerned, the public body’s notice ceases to apply to that work, but the provisions of section 48(1) of this Act, as applied by section 54(4), continue, by virtue of this sub-paragraph, to apply in relation to that work as if the public body’s notice continued in force in relation to it.

Effects of public body’s notice ceasing to be in force E+W

4 (1) This paragraph applies where a public body’s notice ceases to be in force by virtue of paragraph 1 above. E+W

(2) Building regulations may provide that if—

(a) a public body’s plans certificate was given before the day on which the public body’s notice ceased to be in force, and

(b) that certificate was accepted by the local authority (before, on or after that day), [F7 and

(c) before that day, that acceptance was not rescinded by a notice under paragraph 2(6) above,]

then, with respect to the work specified in the certificate, such of the functions of a local authority referred to in section 48(1) of this Act as may be prescribed for the purposes of this sub-paragraph either are not exercisable or are exercisable only in prescribed circumstances.

(3) If, before the day on which the public body’s notice ceased to be in force, a public body’s final certificate was given in respect of part of the work specified in the notice and that certificate was accepted by the local authority (before, on or after that day), the fact that the public body’s notice has ceased to be in force does not affect the continuing operation of paragraph 3(3) above in relation to that part of the work.

(4) Notwithstanding anything in sub-paragraphs (2) and (3) above, for the purpose of enabling the local authority to perform the functions referred to in section 48(1) of this Act in relation to any part of the work not specified in a public body’s plans certificate or final certificate, as the case may be, building regulations may require the local authority to be provided with plans that relate not only to that part but also to the part to which the certificate in question relates.

(5) In any case where this paragraph applies, the reference in sub-section (4) of section 36 of this Act 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 public body’s notice ceased to be in force.

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Any reference in the preceding provisions of this paragraph to section 48(1) of this Act is a reference to that section as applied by section 54(4) of this Act.

Textual Amendments

F7 Sch. 4 para. 4(2)(c) and word omitted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), ss. 36(12), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o); S.I. 2023/914, reg. 2(b)(iii); S.I. 2023/993, reg. 2(g) (with regs. 3, 5)

F8 Sch. 4 para. 4(6) omitted (1.10.2023 except in relation to W., 6.4.2024 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 86; S.I. 2023/993, reg. 2(n)(xxxv); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

[F9 Lapse of public body’s notice E+W

Textual Amendments

F9 Sch. 4 para. 4A and cross-heading inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 36(13), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o); S.I. 2023/914, reg. 2(b)(iii); S.I. 2023/993, reg. 2(g) (with regs. 3, 5)

4A (1) This paragraph applies where— E+W

(a) on any day (“the relevant day”) a public body’s notice is given in respect of any work, and

(b) the public body’s notice is accepted.

(2) Where the work relates to one building and is not commenced within 3 years from the end of the relevant day—

(a) the public body’s notice ceases to be in force, and

(b) if a public body’s plans certificate relating to the work (or any part of it) has been accepted, the relevant provisions have effect as if the certificate had not been given (or accepted).

(3) Where the work relates to more than one building, and the work in relation to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day—

(a) the public body’s notice ceases to be in force so far as it relates to the relevant work, and

(b) if a public body’s plans certificate relating to the relevant work (or any part of it) has been accepted, the relevant provisions have effect as if, as regards the relevant work, the certificate had not been given (or accepted).

(4) For the purposes of sub-paragraph (3)(b) it does not matter whether the public body’s plans certificate also relates to work other than the relevant work.

(5) In this paragraph “the relevant provisions” has the meaning given by section 32.

(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 paragraph.]

Consultation E+W

5 E+W Building regulations may make provision for requiring, in such circumstances as may be prescribed, a public body that has given a public body’s notice to consult any prescribed person before taking any prescribed step in connection with any work specified in the notice.