PART 10Miscellaneous

F1Stop notices: contents47C

1

A stop notice given by a building control authority must be in writing and state—

a

that it is a stop notice under section 35C(1)(a), 35C(1)(b) or, as the case may be, 35C(1)(c) of the Act;

b

the date the notice is given and whether the notice applies immediately, or where it does not apply immediately, the date when it applies;

c

the name or description of the recipient; and

d

the consequences of failing to comply with the notice.

2

A stop notice must additionally—

a

describe the issue to which the notice relates;

b

specify—

i

in a case within section 35C(1)(a) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates;

ii

in a case within section 35C(1)(b) of the Act, the compliance notice to which the stop notice relates;

iii

in a case within section 35C(1)(c) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates;

c

provide details of the nature of the contravention (including, in a case within section 35C(1)(c) of the Act, the nature of the serious harm that is anticipated);

d

state that the recipient may appeal to the First-tier Tribunal under section 39A(5) of the Act and state that any appeal must be made within 21 relevant days of the date the notice is given; and

e

state that the recipient may apply to the First-tier Tribunal under section 39A(6) of the Act for a direction.

3

A stop notice must relate to—

a

in a case within section 35C(1)(a) of the Act, no more than one contravention of a prescribed provision of building regulations or requirement imposed by virtue of such a provision;

b

in a case within section 35C(1)(b) of the Act, no more than one compliance notice;

c

in a case within section 35C(1)(c) of the Act, no more than one contravention of a provision of building regulations or a requirement imposed by virtue of such a provision.