11.—(1) Subject to paragraph (3), the power under section 8(1) of the Act to dispense with or relax any requirement contained in these Regulations shall be exercisable by the local authority.
(2) Any notification by the local authority to an applicant that they have refused the applicant's application to dispense with or relax any requirement of these Regulations shall inform the applicant of the effect of section 39(1) and (3) of the Act (appeal against refusal etc. to relax building regulations).
F1[F2(3) Sub-sections (1) to (5) of section 8 of the Act (relaxation of building regulations) do not apply to regulations 23(1)(a), 25A, 25B, F3[F4and] 26 F5F6... F7[F8and paragraph R1 [F9(in-building physical infrastructure for high-speed electronic communications networks)] of Schedule 1].]
Textual Amendments
F1Reg. 11(3) substituted (W. but not in relation to excepted energy buildings) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 4 (with reg. 1(2)(3))
F2Reg. 11(3) substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (3.6.2013) by The Building (Amendment) Regulations 2013 (S.I. 2013/1105), regs. 1(2), 3(2) (with reg. 1(3)(4))
F3Word "and" in reg. 11(3) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(5)(a) (with reg. 29)
F4Word in reg. 11(3) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(4) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]
F5Words in reg. 11(3) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(4) (with reg. 1(3))
F6Words in reg. 11(3) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(4) (with reg. 1(3))
F7Words in reg. 11(3) substituted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(3) (with regs. 1(3), 3)
F8Words in reg. 11(3) inserted (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(3) (with regs. 1(3), 3) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]
F9Words in reg. 11(3) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(5)(b) (with reg. 29)