Schedules
Schedule 5Minor and consequential amendments in connection with Part 3
Part 1Amendments of the Building Act 1984
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1
Section 36 is amended as follows.
2
In subsections (1) to (3) for “local authority”, in each place it occurs, substitute “building control authority”
.
3
In subsection (1) after “those regulations” insert “or a requirement imposed by virtue of any of those regulations”
.
4
In subsection (2)—
a
for “any section of this Part of this Act other than section 16” substitute “any of sections 19 to 25”
;
b
for “plans”, in the first place it occurs, substitute “an application for building control approval”
;
c
for paragraphs (a) and (b) (including the “or” at the end of paragraph (b)) substitute—
a
without such an application having been made,
b
notwithstanding the refusal of such an application, or
d
in paragraph (c) for “passed the plans” substitute “granted such an application”
;
e
in paragraph (ii) for “passing plans” substitute “granting such an application”
.
5
For subsection (5) substitute—
5
Subsection (5A) applies where—
a
an application for building control approval is made to a building control authority in respect of any work that is not higher-risk building work,
b
the application is granted, and
c
work that is shown on the plans approved by the granting of the application (“the work”) is executed in accordance with—
i
the plans, and
ii
any requirement imposed by the building control authority.
5A
A section 36 notice may not be given on the ground that the work contravenes—
a
any building regulations or any requirement imposed by virtue of the regulations, or (as the case may be)
b
any requirement under any of sections 19 to 25.
6
In subsection (6)—
a
for “does” substitute “, and sections 35B and 35C, do”
;
b
for “local authority”, in the first place it occurs, substitute “building control authority”
;
c
after “Attorney General” insert “, the Counsel General to the Welsh Government”
;
d
for paragraphs (a) to (c) substitute—
a
an application for building control approval was made to the local authority in respect of the work,
b
the application was granted,
c
the work was executed in accordance with—
i
the plans approved by the granting of the application, and
ii
any requirement imposed by the authority, and
d
the work was not higher-risk building work,