Building Act 1984

48 Effect of initial notice. E+W

(1) So long as an initial notice continues in force, the function of enforcing building regulations that is conferred on a local authority by section 91(2) below is not exercisable in relation to the work [F1 to which the notice relates], and accordingly—

(a) a local authority may not give a notice under section 36(1) above in relation to [F2 that work], and

(b) a local authority may not institute proceedings under section 35 above for a contravention of building regulations that arises out of the carrying out of [F2 that work].

(2) For the purposes of the enactments specified in subsection (3) below—

(a) the giving of an initial notice accompanied by such plans as are referred to in section 47(1)(b) above shall be treated as the deposit of plans,

(b) the plans accompanying an initial notice shall be treated as the deposited plans,

(c) the acceptance or rejection of an initial notice shall be treated as the passing or, as the case may be, the rejection of plans, and

(d) the cancellation of an initial notice under section 52(5) below shall be treated as a declaration under section 32 above that the deposit of plans is of no effect.

(3) The enactments referred to in subsection (2) above are—

(a) section 36(2) above,

(b) section 36(5) above, in so far as it relates to a notice under section 36(2) above and to non-compliance with any such requirement as is referred to in that subsection,

(c) section 36(6) above, in so far as it relates to a contravention of this Act,

(d) section 18(2) above, and

(e) sections 219 to 225 of the M1 Highways Act 1980 (the advance payments code).

(4) For the purposes of [F3 section 9D and] section 13 of the M2 Fire Precautions Act 1971 (exercise of [F4 fire and rescue authority]’s powers where provisions of building regulations as to means of escape apply)—

(a) the acceptance by a local authority of an initial notice relating to any work shall be treated as the deposit of plans of the work with the authority in accordance with building regulations, and

(b) the references in [F5 subsection 4(b) of section 9D and] subsections (1)(ii) and (3)(b) of [F5 section 13] to matters or circumstances of which particulars are not or were not required by or under the building regulations to be supplied to the local authority in connection with the deposit of plans shall be construed as a reference to matters or circumstances of which particulars would not be or, as the case may be, would not have been required to be so supplied if plans were to be or had been deposited with the authority in accordance with building regulations.

Textual Amendments

F1 Words in s. 48(1) substituted (14.10.1996) by S.I. 1996/1905, art. 3(3)(a)

F2 Words in s. 48(1)(a)(b) substituted (14.10.1996) by S.I. 1996/1905, art. 3(3)(b)

F3 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 45A), s. 7(4)(a)

F4 Words in s. 48(4) substituted (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 57(2)(3)(c); S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F5 Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 45A), s. 7(4)(b)

Modifications etc. (not altering text)

C1 S. 48(2) amended by Midland Metro Act 1989 (c. xv), s. 45(10); s. 48(2) extended (27.7.1993) by 1993 c. xv, s. 55(10); s. 48(2) applied (with modifications) (21.7.1994) by 1994 c. xv, s. 58(10)

Marginal Citations

M1 1980 c. 66.

M2 1971 c. 40.