PART 3Planning and Building Control Prohibitions

CHAPTER 3Building Control Prohibitions

F1Exception to building control prohibition: emergency repair work to existing HRB34A

1

Where an applicable person proposes to carry out work to existing HRB which consists of emergency repairs then—

a

the provision by them of a notice under regulation 10(1)(a) (notification of emergency repairs to existing HRB) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, and

b

an application for a certificate in relation to that work under regulation 47 (regularisation of unauthorised building work) of those Regulations,

are not to be treated as a breach of the building control prohibition.

2

Where paragraph (1) applies, the regulator is not prohibited from giving the applicable person a certificate under regulation 47 (regularisation of unauthorised building work) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.

3

In this regulation—

  • emergency repairs” has the meaning given in regulation 10(2) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023;

  • the regulator” has the meaning in section 126 of the Building Act 1984;

  • work to existing HRB” has the meaning given in regulation 2 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.