- Latest available (Revised)
- Point in Time (31/03/2017)
- Original (As enacted)
Version Superseded: 06/04/2023
Point in time view as at 31/03/2017. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Building Act 1984, Section 36 is up to date with all changes known to be in force on or before 11 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)If any work to which building regulations are applicable contravenes any of those regulations, the local authority, without prejudice to their right to take proceedings for a fine in respect of the contravention, may by notice require the owner—
(a)to pull down or remove the work, or
(b)if he so elects, to effect such alterations in it as may be necessary to make it comply with the regulations.
(2)If, in a case where the local authority are, by any section of this Part of this Act other than section 16, expressly required or authorised to reject plans, any work to which building regulations are applicable is executed—
(a)without plans having been deposited,
(b)notwithstanding the rejection of the plans, or
(c)otherwise than in accordance with any requirements subject to which the authority passed the plans,
the authority may by notice to the owner—
(i)require him to pull down or remove the work, or
(ii)require him either to pull down or remove the work or, if he so elects, to comply with any other requirements specifed in the notice, being requirements that they might have made under the section in question as a condition of passing plans.
(3)If a person to whom a notice has been given under subsection (1) or (2) above fails to comply with the notice before the expiration of 28 days, or such longer period as a magistrates’ court may on his application allow, the local authority may—
(a)pull down or remove the work in question, or
(b)effect such alterations in it as they deem necessary,
and may recover from him the expenses reasonably incurred by them in doing so.
(4)A notice under subsection (1) or (2) above (called a “section 36 notice”) shall not be given after the expiration of 12 months from the date of the completion of the work in question.
(5)A section 36 notice shall not be given, in a case where plans were deposited and the work was shown on them, on the ground that the work contravenes any building regulations or, as the case may be, does not comply with the authority’s requirements under any section of this Act other than section 16, if—
(a)the plans were passed by the authority, or
(b)notice of their rejection was not given within the relevant period from their deposit,
and if the work has been executed in accordance with the plans and of any requirement made by the local authority as a condition of passing the plans.
(6)This section does not affect the right of a local authority, the Attorney General or any other person to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any regulation or any provision of this Act; but if—
(a)the work is one in respect of which plans were deposited,
(b)the plans were passed by the local authority, or notice of their rejection was not given within the relevant period from their deposit, and
(c)the work has been executed in accordance with the plans,
the court on granting an injunction has power to order the local authority to pay to the owner of the work such compensation as the court thinks just, but before making any such order the court shall in accordance with rules of court cause the local authority, if not a party to the proceedings, to be joined as a party to them.
Modifications etc. (not altering text)
C1S. 36(2)–(6) amended by Midland Metro Act 1989 (c. xv), s. 45(10)s. 36(2)-(6) extended (27.7.1993) by 1993 c. xv, s. 55(10).S. 36(2)-(6) applied with modifications (21.7.1994) by 1994 c. XV, s. 58(10)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: