Statutory Instruments
Building And Buildings, England
Made
28th January 2024
Laid before Parliament
1st February 2024
Coming into force - -
6th April 2024
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1(1), 2A, 34, 35(2), 35B(7), 47(1) to (5), 50(1A), (1D), (4), (6), (7) and (7A), 51(1) and (2), 51A(2), (3), (5) and (6), 52(1), (2), (3), (5A) and (7), 52A(1), (2) and (4), 53(2), (4), (4B), (4C) and (7), 53A(6), 53B(5), 53C(3), 53D(2), (3) and (5), 56(1), 58C(5), 58O(4), 58U(4), 58V(4) and 92(2) of, and paragraphs 1, 1A, 1D, 1F, 1G, 1I, 5B, 7, 8 and 10 of Schedule 1 to, the Building Act 1984(1) and sections 25(1) to (3) and (7), 41 and 166(1) of the Building Safety Act 2022(2).
In accordance with section 120B(3) of the Building Act 1984(3) and section 7(4) of the Building Safety Act 2022, the Secretary of State has consulted the building safety regulator and such other persons as the Secretary of State considers appropriate.
1984 c. 55. Section 1 was amended by section 1 of the Sustainable and Secure Buildings Act 2004 (c.22); section 2A was inserted by section 4 of that Act; section 35 was amended by section 39 of the Building Safety Act 2022 (c. 30) (“the 2022 Act”); section 35B was inserted by section 38 of the 2022 Act. Section 47(1) was amended by section 8 of the Sustainable and Secure Buildings Act 2004 and S.I. 1996/1905; section 50(1A), (1D) and (7A) were inserted by section 49 of the 2022 Act; section 51(1) was substituted, section 51A was inserted and section 52(1) was amended, by S.I. 1996/1905; section 51A was also amended by sections 46(2) and 48(3) of, and paragraph 42 of Schedule 5 to, the 2022 Act; section 52(2) was amended by section 8 of the Sustainable and Secure Buildings Act 2004; section 52(5A) was inserted by section 50(5) of the 2022 Act; section 52A was inserted by section 46 of the 2022 Act; section 53 was amended by sections 36(6) and 52(1) of the 2022 Act; section 53A was inserted by section 36 of the 2022 Act; section 56(1) was amended by S.I. 1996/1905; sections 58C, 58O, 58U and 58V were inserted by section 42 of the 2022 Act. Section 120B was inserted by paragraph 77 of Schedule 5 to the 2022 Act. Paragraphs 1A, 1D, 1F, 1G, 1I and 5B of Schedule 1 were inserted by sections 33 and 34 of the 2022 Act; paragraph 7 of Schedule 1 was amended by section 3 of that Act and by section 11 of the Climate Change and Sustainable Energy Act 2006 (c. 19); paragraph 8 of Schedule 1 was amended by section 3 of the Sustainable and Secure Buildings Act 2004 and by section 40 of the Flood and Water Management Act 2010 (c. 29); paragraph 10 of Schedule 1 was substituted by paragraph 83(8) of Schedule 5 to the 2022 Act. See section 126 for the definition of “prescribed”.
Under the transitional provisions in regulation 5(1) of S.I. 2023/362 the requirement to consult under section 120B of the Building Act 1984 does not apply to proposals consulted on under section 14(3) of the Building Act 1984 before it was repealed by paragraph 17 of Schedule 5 to the Building Safety Act 2022.