34.—(1) Where an applicable person proposes to carry out building work which consists of emergency repair work then, subject to paragraph (2), the provision by them of a building notice pursuant to regulation 12(8) of the Building Regulations 2010 is not to be treated as a breach of a building control prohibition.
(2) Paragraph (1) applies only where—
(a)each of the criteria in regulation 12(8)(a) to (c) of the Building Regulations 2010 are satisfied;
(b)the applicable person gives the [F1relevant authority] the relevant building notice as soon as reasonably practicable after the commencement of the work and explains on giving that notice—
(i)that they are an applicable person but that this provision applies to them; and
(ii)the nature of the emergency repairs required to be undertaken.
[F2(3) In this regulation “relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010.]
Textual Amendments
F1Words in reg. 34(2)(b) substituted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(2)(a) (with regs. 22-24)
F2Reg. 34(3) inserted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(2)(b) (with regs. 22-24)
Commencement Information
I1Reg. 34 in force at 4.7.2023, see reg. 1(1)