Part II Supervision of Building Work etc. otherwise than by F6building control authorities
Supervision of plans and work by F5registered building control approvers
Words in s. 47 cross-heading substituted (6.4.2024 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 4 para. 3; S.I. 2024/104, reg. 2(b) (with reg. 3); S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
50 Plans certificates.
F71
In this Part a “plans certificate” means a certificate by a registered building control approver that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the approver has given an initial notice).
1A
The relevant conditions are that the registered building control approver—
a
has inspected—
i
full plans of the work, or
ii
plans of the work that the approver is satisfied are sufficient for the purposes of giving a plans certificate in relation to the work,
b
is satisfied that the plans are not defective,
c
is satisfied that work carried out in accordance with the plans would not contravene any provision of building regulations, and
d
has complied with any prescribed requirements as to consultation or otherwise.
1B
Subsection (1C) applies if the person intending to carry out work to which an initial notice relates asks the registered building control approver who gave the initial notice to give a plans certificate in respect of the work.
1C
If the relevant conditions are met, the approver must give a plans certificate to the local authority and the person intending to carry out the work.
1D
A plans certificate must be in the prescribed form.
F22
If a registered building control approver refuses to give a plans certificate on being asked to do so, the person intending to carry out the work may appeal to—
a
the regulator, in the case of work to be carried out in England;
b
the Welsh Ministers, in the case of work to be carried out in Wales.
4
Building regulations may authorise the giving of an initial notice combined with a F8plans certificate 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 F1to 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 F4registered building control approver by whom the certificate was given, and
b
the other person to whom the F4registered building control approver gave the certificate,
the authority shall be conclusively presumed to have accepted the certificate.
F97A
Building regulations may make further provision in connection with plans certificates, including in particular provision—
a
requiring a plans certificate to be given to the local authority in prescribed cases;
b
about the consequences of failing to comply with such a requirement (for example, for an initial notice to cease to have effect in whole or in part);
c
requiring a plans certificate stating that the condition in subsection (1A)(a)(ii) is met to include prescribed information about the further plans that the registered building control approver considers need to be provided.
8
F3If 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.
Words in Pt. 2 heading substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 39; S.I. 2023/993, reg. 2(n)(xii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)