Part IE+W Building Regulations

Modifications etc. (not altering text)

C3Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)

C4Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7PPt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))

C5Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8

Relaxation of building regulationsE+W

11 Type relaxation of building regulations.E+W

(1)If the [F1appropriate national authority] considers that the operation of a requirement of building regulations would be unreasonable in relation to a particular type of building matter, [F2the authority may, either on an application made by any person (the “original applicant”) or of its] own accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either—

(a)unconditionally, or

(b)subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation.

(2)A direction under subsection (1) above—

(a)if it so provides, ceases to have effect at the end of such period as may be specified in the direction,

(b)may [F3, either on an application or of the appropriate national authority’s own accord,] be varied or revoked by a subsequent direction of the [F4appropriate national authority].

(3)Building regulations may require a person making an application under subsection (1) [F5or (2)(b)] above to pay the [F6appropriate 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 [F6appropriate national authority] may in a particular case remit the whole or part of a fee payable by virtue of this subsection.

[F7(3A)The regulator may at any time make a proposal to the Secretary of State for the giving of a direction under this section.

(3B)Before making a proposal, the regulator must consult—

(a)such persons as it considers appropriate, and

(b)if the proposal is for a direction that would vary or revoke a direction given on an application under subsection (1), the original applicant.

(3C)Before giving a direction under this section, other than a direction proposed by the regulator, the Secretary of State must consult—

(a)the regulator,

(b)any other person the Secretary of State considers appropriate, and

(c)if the direction would vary or revoke a direction given on an application under subsection (1), the original applicant.]

(4)[F8Before giving a direction under subsection (1) above, the Secretary of State shall consult such bodies as appear to him to be representative of the interests concerned.]

[F8Before giving a direction under subsection (1) or (2)(b), the Welsh Ministers must consult such persons as they consider appropriate.]

(5)[F8Where the Secretary of State gives a direction under subsection (1) above, he shall publish notice of that fact in such manner as he thinks fit.]

[F8Where the appropriate national authority gives a direction under subsection (1) or (2)(b), it must publish notice of that fact in such way as it considers appropriate.]

(6)A person who contravenes a condition specified in a direction given under subsection (1) above, or permits such a condition to be contravened, is liable on summary conviction to a fine [F9not exceeding level 5 on the standard scale] and to a further fine not exceeding [F10£50] [F10level 1 on the standard scale] for each day on which the offence continues after he is convicted.

(7)If at any time a direction under subsection (1) above dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of subsection (2)(a) above, or is varied or revoked under subsection (2)(b) above, that fact does not affect the continued operation of the direction (with any conditions specified in it) in a case in which [F11before that time—

(a)plans of the proposed work were, in accordance with building regulations, deposited with a local authority F12...

F12(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F11an application for building control approval in relation to the proposed work was made before that time.]

(8)In this section, “building matter” means any building or other matter whatsoever to which building regulations are in any circumstances applicable.

Textual Amendments

F9Words in s. 11(6) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 14(7)(a); S.I. 2023/993, reg. 2(n)(vii)

F11Words in s. 11(7) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 14(8); S.I. 2023/993, reg. 2(n)(vii) (with reg. 3)

F12S. 11(7)(b) and word preceding it repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13