32(1)Section 36 is amended as follows.E+W
(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,”.
Commencement Information
I1Sch. 5 para. 32 not in force at Royal Assent, see s. 170(4)(b)(viii)(c)
I2Sch. 5 para. 32 in force at 1.10.2023 except in relation to W. by S.I. 2023/993, reg. 2(n)(xi) (with regs. 3, 4, 7)