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Building Act 1984
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Changes to legislation:
Building Act 1984, Section 91 is up to date with all changes known to be in force on or before 25 November 2024. 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.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 1(1A)(d) inserted by 2015 c. 7 s. 37(2)
- s. 44(11) inserted by 2004 c. 22 s. 3(8)
- s. 95(5) inserted by 2022 c. 30 s. 60(2)
- s. 131A inserted by 2022 c. 30 s. 59
- s. 131B inserted by 2022 c. 30 s. 60(3)
- Sch. 1 para. 7A inserted by 2015 c. 7 s. 37(4)
- Sch. 1 para. 7A(4) words substituted by 2022 c. 30 Sch. 5 para. 83(5) (This amendment not applied to legislation.gov.uk. The insertion of Sch. 1 para. 7A by 2015 c. 7, s. 37(4) is still prospective.)
91 Duties of local authorities [F1and the regulator].E+W
(1)It is the duty of local authorities to carry this Act into execution in their areas, subject to—
[F2(za)subsection (3) of this section and regulations under section 91ZD,]
(a)the provisions of this Act relating to certain other authorities or persons,
(b)the provisions of Part I of the M1Public Health Act 1936 relating to united districts and joint boards,
(c)section 151 of the M2Local Government, Planning and Land Act 1980 (urban development areas), and
(d)section 1(3) of the M3Public Health (Control of Disease) Act 1984 (port health authorities).
(2)It is the function of local authorities to enforce building regulations in their areas, subject to [F3sections 5(3), 48(1) and 53(2) above . . . F4.] [F3—
(a)subsection (3) of this section,
(b)sections 5(3), 48(1) and 53(2), and
(c)regulations under section 91ZD.]
[F5(3)In cases where section 91ZA or 91ZB provides that the regulator is the building control authority, it is the duty of the regulator (and not the local authority in question)—
(a)to carry Part 1 of this Act into execution, and
(b)to enforce building regulations.]
Textual Amendments
F1Words in s. 91 heading inserted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(d), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)
F2S. 91(1)(za) inserted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)
F3Words in s. 91(2) substituted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)
F4Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F5S. 91(3) inserted (6.4.2023 for specified purposes except in relation to W., 1.10.2023 in so far as not already in force except in relation to W.) by Building Safety Act 2022 (c. 30), ss. 32(2)(c), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(m); S.I. 2023/993, reg. 2(f) (with reg. 4)
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