Local authority powers in relation to partly completed workE+W
19.—(1) This paragraph applies where—
(a)any part of the work described in an initial notice has been carried out,
(b)the initial notice has ceased to be in force, by reason of regulation 17 or has been cancelled by notice under section 52 of the Act, and
(c)no other initial notice relating to that part of the work has been accepted.
(2) Where paragraph (1) applies, the owner shall—
(a)on being given reasonable notice by the local authority, provide them with—
(i)sufficient plans of the work carried out, in respect of which no final certificate has been given, to show whether any part of that work would, if carried out in accordance with the plans, contravene any provision of the Principal Regulations, and
(ii)where a plans certificate was given and not rejected in respect of any such part of the work, a copy of the plans to which it relates; and
(b)comply with any notice in writing from the local authority requiring the owner within a reasonable time to cut into, lay open or pull down so much of the work as prevents the local authority from ascertaining whether any work in relation to which there is no final certificate contravenes any requirement in the Principal Regulations.
(3) Where paragraph (1) applies and work in relation to a building has been begun but not completed, a person who intends to carry out further work in relation to the partly completed work shall give the local authority sufficient plans to show that the intended work will not contravene any requirement in the Principal Regulations, including such plans of any part of the work already carried out as may be necessary to show that the intended work can be carried out without contravening any such requirement.
(4) Plans given to a local authority in accordance with paragraph (3) are not to be regarded as [F1plans deposited] [F1an application for building control approval with full plans] in accordance with building regulations.
Textual Amendments
F1Words in reg. 19(4) substituted (E.) (1.10.2023) by The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023 (S.I. 2023/906), regs. 1(2), 10(3) (with regs. 23-25)