Building Act 1984

50 Plans certificates. E+W

(1) Where an approved inspector—

(a) has inspected plans of the work [F1 to which an initial notice given by him relates].

(b) is satisfied that the plans neither are defective nor show that work carried out in accordance with them would contravene any provision of building regulations, and

(c) has complied with any prescribed requirements as to consultation or otherwise,

he shall, if requested to do so by the person intending to carry out the work, give a certificate in the prescribed form (called a “plans certificate”) to the local authority and to that person.

(2) If any question arises under subsection (1) above between an approved inspector and a person who proposes to carry out any work whether plans of the work are in conformity with building regulations, that person may refer the question to the Secretary of State for his determination.

(3) An application for a reference under subsection (2) above shall be accompanied by such fee as may be prescribed.

(4) Building regulations may authorise the giving of an initial notice combined with a certificate under subsection (1) above, and may prescribe a single form for such a combined notice and certificate; and where such a prescribed form is used—

(a) a reference in this Part of this Act to an initial notice or to a plans certificate includes a reference to that form, but

(b) should the form cease to be in force as an ititial notice by virtue of section 47(4) above, nothing in that subsection affects the continuing validity of the form as a plans certificate.

(5) A plans certificate—

(a) may relate either to the whole or to part only of the work [F2 to which the initial notice concerned relates], and

(b) does not have effect unless it is accepted by the local authority to whom it is given.

(6) A local authority to whom a plans certificate is given—

(a) may not reject the certificate except on prescribed grounds, and

(b) shall reject the certificate if any of the prescribed grounds exists.

(7) Unless, within the prescribed period, the local authority to whom a plans certificate is given give notice of rejection, specifying the ground or grounds in question, to—

(a) the approved inspector by whom the certificate was given, and

(b) the other person to whom the approved inspector gave the certificate,

the authority shall be conclusively presumed to have accepted the certificate.

(8) If it appears to a local authority by whom a plans certificate has been accepted that the work to which the certificate relates has not been commenced within the period of three years beginning on the date on which the certificate was accepted, the authority may rescind their acceptance of the certificate by notice, specifying the ground or grounds in question, given—

(a) to the approved inspector by whom the certificate was given, and

(b) to the person shown in the initial notice concerned as the person intending to carry out the work.

Textual Amendments

F1 Words in s. 50(1)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(4)(a)

F2 Words in s. 50(5)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(4)(b)