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The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023

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This is the original version (as it was originally made).

Requirement for completion certificate before occupation and transitional cases

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58.—(1) Each of the following is prescribed as a completion certificate for the purposes of section 76(5) of the 2022 Act—

(a)a completion certificate issued under regulation 44 (completion certificate applications: decisions);

(b)a partial completion certificate issued under regulation 45 (partial completion certificates).

(2) For type A transitional work each of the following is also prescribed as a completion certificate for the purposes of section 76(5) of the 2022 Act—

(a)a completion certificate issued under regulation 17 of the 2010 Regulations;

(b)a partial completion certificate issued under regulation 17A of the 2010 Regulations;

(c)a final certificate given by an approved inspector to a local authority in accordance with the Building (Approved Inspectors etc.) Regulations 2010(1) and not rejected by the authority.

(3) For type B transitional work each of the following is also prescribed as a completion certificate for the purposes of section 76(5) of the 2022 Act—

(a)a transfer and completion certificate provided for by the modifications in paragraph 5(9), 10(4), or, as the case may be, 11(4) of Schedule 3;

(b)a transfer and partial completion certificate provided for by the modifications in the paragraph 5(9), 10(4), or, as the case may be, 11(4) of Schedule 3;

(c)a final certificate given by an approved inspector to a local authority in accordance with the Building (Approved Inspectors etc.) Regulations 2010 and not rejected by the authority.

(4) In this regulation—

“type A transitional work” means work of a kind referred to in section 76(1) of the 2022 Act which is—

(a)

completed before 1st October 2023 but occupied on or after that date,

(b)

completed before 6th April 2024 and paragraph 1 of Schedule 3 (transitional provisions) applied to the work but paragraphs 3 and 4 of that Schedule did not apply, or

(c)

completed on or after 6th April 2024 and paragraph 7 of Schedule 3 applied to the work;

“type B transitional work” means work of a kind referred to in section 76(1) of the 2022 Act which is completed on or after 6th April 2024 and paragraph 5, 10 or 11 of Schedule 3 (transitional provisions) applies.

(1)

S.I. 2010/2215 as amended by S.I. 2012/3119, S.I. 2013/1959, S.I. 2014/579, S.I. 2015/767, S.I. 2016/285, S.I. 2021/1391, S.I. 2021/1392, S.I. 2022/717, S.I. 2022/984 and S.I. 2023/520. There are other amendments not relevant to this instrument.

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