Part II Supervision of Building Work etc. otherwise than by F20building control authorities
Supervision of plans and work by F12registered 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)
52 Cancellation of initial notice.
1
If, at a time when an initial notice is in force—
a
b
c
the F22registered building control approver is of the opinion that there is a contravention of any provision of building regulations with respect to any of that work and the circumstances are as mentioned in subsection (2) below,
F15d
the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates,
e
f
it appears to the registered building control approver that a prescribed circumstance exists,
the F21registered building control approver, or in the case of paragraph (e) the person shown in the initial notice as the registered building control approver, must cancel the initial notice by notice in the prescribed form given to the local authority concerned and to the person carrying out or intending to carry out the work.
2
The circumstances referred to in subsection (1)(c) above are—
a
b
that, within the prescribed period, F2the prescribed steps are not taken by the person who, in accordance with building regulations, is required to take them.
F173
If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work to which the notice relates that—
a
the registered building control approver is no longer willing or able to carry out the registered building control approver’s functions with respect to any of that work, or
b
a prescribed circumstance exists,
the person must cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the registered building control approver.
4
5
F7If, at a time when an initial notice is in force, it appears to the local authority by whom the initial notice was accepted that the work to which the initial notice relates has not been commenced within the period of three years beginning on the date on which the initial notice was accepted, the authority may cancel the initial notice by notice in the prescribed form given
a
to the approved inspector by whom the initial notice was given, and
b
to the person shown in the initial notice as the person intending to carry out the work.
F115A
If, at a time when an initial notice is in force, it appears to the local authority concerned that a condition in subsection (5B) is satisfied, the authority must cancel the initial notice by notice in the prescribed form given to—
a
the person shown in the initial notice as the registered building control approver, and
b
the person shown in the initial notice as the person intending to carry out the work.
5B
The conditions are—
a
the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates;
b
c
d
e
a prescribed circumstance exists.
6
A notice under subsection (1), (3) or F3(5A) above has the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given.
F57
Before cancelling an initial notice under subsection (5A) based on a condition in subsection (5B)(a), (b) or (e), the local authority must—
a
give the person shown in the initial notice as the registered building control approver a notice in the prescribed form at least seven days before the day on which the initial notice is to be cancelled, and
b
have regard to any representations made to the local authority during that period.
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)