Building Act 1984

Valid from 01/10/2023

33 Tests for conformity with building regulations. E+W

(1) The following subsection has effect for the purpose of enabling a local authority to ascertain, as regards any work or proposed work to which building regulations for the enforcement of which they are responsible are applicable, whether any provision of building regulations is or would be contravened by, or by anything done or proposed to be done in connected with, that work.

(2) The local authority have power for that purpose—

(a) to require a person by whom or on whose behalf the work was, is being or is proposed to be done to carry out such reasonable tests of or in connection with the work as may be specified in the requirement, or

(b) themselves to carry out any reasonable tests of or in connection with the work, and to take any samples necessary to enable them to carry out such a test.

(3) Without prejudice to the generality of subsection (2) above, the matters with respect to which tests may be required or carried out under that subsection include—

(a) tests of the soil or subsoil of the site of a building,

(b) tests of any material, component or combination of components that has been, is being or is proposed to be used in the construction of a building, and tests of any service, fitting or equipment that has been, is being or is proposed to be provided in or in connection with a building.

(4) A local authority have power, for the purpose of ascertaining whether there is or has been, in the case of a building, a contravention of a continuing requirement that applies in relation to that building—

(a) to require the owner or occupier of the building to carry out such reasonable tests as may be specified in the requirement under this paragraph, or

(b) themselves to carry out any tests that they have power to require under paragraph (a) above, and to take any samples necessary to enable them to carry out such a test;

and in this subsection “continuing requirement” means a continuing requirement imposed by building regulations made by virtue of section 2(1) or (2) [F1 or 2A] above.

(5) The expense of carrying out any tests that a person is required to carry out under this section shall be met by that person, except that the local authority, on an application made to them, may, if they think it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the local authority.

(6) Any question arising under this section between a local authority and a person as to the reasonableness of—

(a) a test specified in a requirement imposed on him by the authority under this section,

(b) a refusal by the authority to give a direction under subsection (5) above on an application made by him, or

(c) a direction under that subsection given on such an application,

may on the application of that person be determined by a magistrates’ court; and in a case falling within paragraph (b) or (c) above the court may order the expense to which the application relates to be met by the local authority to such extent as the court thinks just.

Textual Amendments

F1 Words in s. 33(4) inserted (16.11.2004) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 4(2), 11(4)