Building Act 1984

57 Offences. E+W

(1) If a person—

(a) gives a notice or certificate that—

[F1 (i) purports to comply with the requirements of this Part [F2 of this Act, section 16(9) above or building regulations falling within paragraph 4A(1)(a) or (b) of Schedule 1 to this Act,] [F2 or a provision of building regulations that is designated by the regulations for the purposes of this section,] and]

(ii) contains a statement that he knows to be false or misleading in a material particular, [F3 or]

[F4 (aa) fails without reasonable excuse to comply with a requirement under section 53(4A) to give information, or]

(b) recklessly gives a notice or certificate that—

(i) purports to comply with those requirements, and

(ii) contains a statement that is false or misleading in a material particular,

he is guilty of an offence.

(2) A person guilty of an offence under subsection (1) above is liable—

(a) on summary conviction, to a fine [F5 not exceeding the statutory maximum] or imprisonment for a term not exceeding six months or both, and

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

(3) Where an approved inspector or person approved for the purposes of section 16(9) above is convicted of an offence under this section, the court by or before which he is convicted shall, within one month of the date of conviction, forward a certificate of the conviction to the person by whom the approval was given.

Textual Amendments

F1 S. 57(1)(a)(i) substituted (1.2.2006) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 8(4), 11(3); S.I. 2006/224, art. 2(c)

F2 Words in s. 57(1)(a)(i) substituted (1.10.2023 except in relation to W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 48(2); S.I. 2023/993, reg. 2(n)(xxi)

F3 Word in s. 57(1) omitted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by virtue of Building Safety Act 2022 (c. 30), ss. 52(2)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F4 S. 57(1)(aa) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes) by Building Safety Act 2022 (c. 30), ss. 52(2)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii)

F5 Words in s. 57(2)(a) omitted (1.10.2023 except in relation to W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 48(3); S.I. 2023/993, reg. 2(n)(xxi)