Part IE+W Building Regulations

Modifications etc. (not altering text)

C1Pt. I (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8

C4Pt. I (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)

C5Pt. I (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))

Passing of plansE+W

Prospective

20 Use of materials unsuitable for permanent building.E+W

(1)[F1Where plans of any proposed work are, in accordance with building regulations, deposited with a local authority, and the plans show] [F1Where an application for building control approval in respect of any proposed work is made to a building control authority, and it appears] that the proposed work would include or consist of work to which this section applies, the authority may, notwithstanding that the [F2plans conform] [F2application conforms] with the regulations—

(a)reject [F3the plans] [F3the application], or

(b)in [F4passing the plans] [F4granting the application] —

(i)fix a period on the expiration of which the work to which this section applies or the relevant building (as the authority may in [F4passing the plans] [F4granting the application] direct) must be removed, and

(ii)if they think fit, impose with respect to the use of the relevant building or with respect to the work to which this section applies such reasonable conditions, if any, as they consider appropriate,

but no condition as to the use of the relevant building shall be imposed that conflicts with any condition imposed or having effect as if imposed under [F5Part III or Part VIII of the Town and Country Planning Act 1990 or under the Planning (Listed Buildings and Conservation Areas) Act 1990 [F6, Part 3 of the Historic Environment (Wales) Act 2023] or the Planning (Hazardous Substances) Act 1990].

(2)If, in the case of any work in respect of which [F7plans ought by virtue of building regulations to have been deposited with a local authority but have not been so deposited] [F7an application for building control approval ought to have been made but was not made], the work appears to the authority to include or consist of work to which this section applies, the authority, without prejudice to their right to take proceedings in respect of any contravention of the regulations, may—

(a)fix a period on the expiration of which the work to which this section applies or the relevant building (as the authority may in fixing the period direct) must be removed, and

(b)if they think fit, impose any conditions that might have been imposed under subsection (1) above in [F8passing plans] [F8granting the application] for the first-mentioned work,

and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.

(3)If, in the case of any work appearing to the [F9building control authority] to fall within subsection (9)(b) below, [F10plans of the work were not required by building regulations to be deposited with the authority, and were not so deposited] [F10an application for building control approval was not required by building regulations to be made and was not made], the authority may at any time within 12 months from the date of completion of the work—

(a)fix a period on the expiration of which the work must be removed, and

(b)if they think fit, impose any conditions that, [F11if plans of the work had been required to be, and had been, so deposited, might have been imposed under subsection (1) above in passing the plans,] [F11if an application for building control approval in respect of the work had been required to be made and had been made, might have been imposed under subsection (1) in granting the application,]

and where they fix such a period they shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.

(4)A [F9building control authority] may from time to time extend any period fixed, or vary any conditions imposed, under this section, but, unless an application in that behalf is made to them by the owner of the relevant building, they shall not exercise their power of varying conditions so imposed except when granting an extension or futher extension of the period fixed with respect to the work or building, as the case may be.

(5)A person aggrieved by the action of a [F9building control authority] under this section—

(a)in rejecting [F12plans] [F12an application],

(b)in fixing or refusing to extend any period, or

(c)in imposing or refusing to vary any conditions,

may appeal F13....

[F14(5A)The appeal is to be made to—

(a)the regulator, in the case of action by a local authority for an area in England;

(b)the tribunal, in the case of action by the regulator;

(c)the Welsh Ministers, in the case of action by a local authority for an area in Wales.]

(6)Where a period has been fixed under this section with respect to any work to which this section applies or with respect to the relevant building—

(a)the owner of that building shall on the expiration of that period, or, as the case may be, of that period as extended, remove the work or building with respect to which the period was fixed, and

(b)if he fails to do so, the [F9building control authority] may remove that work or building, as the case may be, and may recover from him the expenses reasonably incurred by them in doing so.

(7)A person who—

(a)contravenes a condition imposed under this section or permits such a condition to be contravened, or

(b)contravenes subsection (6) above,

is liable on summary conviction to a fine F15... and to a further fine not exceeding [F16level 1 on the standard scale] for each day on which the offence continues or, as the case may be, on which the work or building is allowed to remain after he is convicted; but this subsection does not prejudice a local authority’s rights under subsection (6) above.

(8)In this section, “the relevant building” means, in any particular case, the building mentioned in paragraph (a) or, as the case may be, paragraph (b) of subsection (9) below.

(9)This section applies to—

(a)any work consisting of a part of a building, being a part in the construction of which there is used any material or component of a type that, in relation to a part of that description, is prescribed for the purposes of this paragraph under subsection (10) below, and

(b)any work provided in or in connection with a building, being work consisting of a service, fitting or item of equipment of a type so prescribed for the purposes of this paragraph.

(10)The [F17appropriate national authority] may by building regulations—

(a)prescribe a type of material or component for the purposes of subsection (9)(a) above if in [F18its] opinion materials or components of that type are likely to be unsuitable for use in the construction of a particular part of a permanent building in the absence of conditions with respect to the use of the building or with respect to any material or component of that type used in the construction of a part of that description,

(b)prescribe a type of service, fitting or equipment for the purposes of subsection (9)(b) above if in [F18its] opinion services, fittings or equipment of that type are likely to be unsuitable for provision in or in connection with a permanent building in the absence of conditions with respect to the use of the building or with respect to a service, fitting or equipment of that type so provided.

(11)Upon section 19 above ceasing to have effect—

(a)any building regulations made, period fixed, condition imposed or other thing done by virtue of the said section 19 shall be deemed to have been made, fixed, imposed or done by virtue of this section, and

(b)anything begun under the said section 19 may be continued under this Act as if begun under this section, but any appeal under section 19(4) that is pending at the time when the said section 19 ceases to have effect, and any proceedings arising out of such an appeal, shall proceed as if that section were still in force.

Textual Amendments

F1Words in s. 20(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(3)(a); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F2Words in s. 20(1) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(3)(b); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F3Words in s. 20(1)(a) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(3)(c); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F4Words in s. 20(1)(b) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(3)(d); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F7Words in s. 20(2) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(4)(a); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F8Words in s. 20(2)(b) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(4)(b); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F9Words in s. 20 substituted in part (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(2); S.I. 2023/993, reg. 2(n)(x) (with reg. 4)

F10Words in s. 20(3) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(5)(a); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F11Words in s. 20(3)(b) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(5)(b); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F12Words in s. 20(5)(a) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 22(6); S.I. 2023/993, reg. 2(n)(x) (with reg. 3)

F13Words in s. 20(5) omitted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 3(2); S.I. 2023/993, reg. 2(o)(i) (with reg. 6); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 8-12)

F15Words in s. 20(7) 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. 22(7)(a); S.I. 2023/993, reg. 2(n)(x)

F16Words in s. 20(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. 22(7)(b); S.I. 2023/993, reg. 2(n)(x)