PART 3Planning and Building Control Prohibitions

CHAPTER 3Building Control Prohibitions

Exception to building control prohibition: work to occupied buildings35

1

An applicable person is not prohibited from—

a

depositing plans under section 16 of the Building Act 1984;

b

giving an initial notice within the meaning of section 47 of the Building Act 1984 (giving and acceptance of initial notice); or

c

giving a building notice within the meaning of regulation 2 of the Building Regulations 2010 (interpretation),

in relation to relevant building work to be carried out to an existing occupied building where on the application date the work had not started.

2

Where plans are deposited pursuant to paragraph (1) the local authority is not prohibited from giving the applicable person a notice of passing or rejection in relation to those plans under section 16(6) of the Building Act 1984.

3

Where an initial notice is given pursuant to paragraph (1) the local authority is not prohibited from giving the applicable person a notice accepting or rejecting that initial notice under section 47 of the Building Act 1984.

4

Where relevant building work is carried out to an existing occupied building following the depositing or giving of a document under paragraph (1)—

a

then the applicable person is not prohibited from giving—

i

an application for a certificate under regulation 17 of the Building Regulations 2010 (completion certificates) in relation to the work;

ii

an application for a certificate under regulation 17A of the Building Regulations 2010 (certificate for building occupied before work is completed) in relation to the work;

iii

a request for a plans certificate under section 50(1) (plans certificate) of the Building Act 1984 in relation to the work;

b

then, in respect of the work, a person may give to the applicable person—

i

a plans certificate within the meaning of section 50 (plans certificate) of the Building Act 1984 in relation to the work;

ii

a final certificate within the meaning of section 51 (final certificate) of the Building Act 1984 in relation to the work.

5

Where paragraph (4) applies the local authority is not prohibited from giving the person a certificate under regulation 18 of the Building Regulations 2010 in relation to the work.

6

Where paragraph (4) applies the local authority is not prohibited from giving the person a notice accepting or rejecting that final certificate under section 51 of the Building Act 1984.

7

In this regulation—

  • “application date” means the date on which the document referred to in paragraph (1) is deposited or given by the applicable person;

  • “dwelling” has the meaning in regulation 2 of the Building Regulations 2010;

  • “material change of use” has the meaning in regulation 5 of the Building Regulations 2010;

  • “occupied”, in relation to a building, means at least one dwelling contained in the building is occupied by an arm’s length third party on the application date;

  • “relevant building work” means any building work except work done to give effect to a material change of use of the building or part of the building.