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Building Act 1984

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Version Superseded: 06/04/2023

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Building Act 1984, Paragraph 2 is up to date with all changes known to be in force on or before 09 November 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. Help about Changes to Legislation

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2(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”).

(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)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.

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