Building Safety Act 2022 (c. 30)

Part 3 U.K. Building Act 1984

Building control authorities and building regulations E+W

39 Breach of building regulations E+W

(1) The Building Act 1984 is amended as follows.

(2) For section 35 substitute—

“35 Offence of contravening building regulations etc

(1) A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.

(2) Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations.

(3) Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);

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

and (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.”

(3) In section 36(4) (time limit for notices requiring removal or alteration of non-compliant work) for “12 months” substitute “10 years”.

Commencement Information

I1 S. 39 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)

I2 S. 39 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(r)

I3 S. 39 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(vi)

I4 S. 39 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(i) (with reg. 7)