PART 10E+WMiscellaneous

[F1Stop notices: contentsE+W

47C.—(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.]

Textual Amendments