Version Superseded: 01/10/2023
Point in time view as at 01/02/1991. This version of this provision has been superseded.
Building Act 1984, Section 5 is up to date with all changes known to be in force on or before 08 March 2025. 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.
(1)Building regulations may exempt—
(a)a local authority,
(b)a county council, or
(c)any other body that acts under an enactment for public purposes and not for its own profit and is prescribed for the purposes of this section,
from compliance with any requirements of those regulations that are not substantive requirements.
(2)A local authority, county council or other body that is exempted as mentioned in subsection (1) above is in subsection (3) below referred to as an “exempt body”.
(3)Without prejudice to the obligation of an exempt body to comply with substantive requirements of building regulations, the function of enforcing building regulations that is conferred on local authorities by section 91(2) below is not exercisable in relation to work carried out by an exempt body, and accordingly—
(a)nothing in section 36(1) to (5) below applies in relation to work so carried out, and
(b)a local authority may not institute proceedings under section 35 below for a contravention of building regulations by an exempt body.
(4)In subsection (3) above, the reference to the carrying out of work includes a reference to the making of a material change of use as defined by and for the purposes of building regulations.
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