Lapse of initial notice: commencement of workE+W
16.—(1) For the purposes of section 53A(6) of the 1984 Act (lapse of initial notice) work is to be regarded as commenced in accordance with the following paragraphs.
(2) Where the work consists of the construction of a complex building, work is to be regarded as commenced in relation to that building or the first stage of building work for that building when the foundations supporting the building and the structure of the lowest floor level of that building (but not the other buildings or structures to be supported by those foundations) are completed.
(3) Where the work consists of—
(a)the construction of a building and paragraph (2) does not apply, or
(b)the horizontal extension of a building,
work is to be regarded as commenced when the sub-surface structure of the building or the extension including all foundations, basement levels (if any) and the structure of ground floor level is completed.
(4) Where the work consists of any other building work then work is to be regarded as commenced when the initial work is completed.
(5) In this regulation—
“approved plans” means plans which were part of or accompanied the initial notice, or plans to which a plans certificate referred;
“complex building” means—
a building which is to be constructed on the same foundation plinth or podium as any other building or structure,
a building which has more than one storey below ground level,
a building where its proposed use is primarily as a public building where the public or a section of the public has access to the building (whether or not on payment) provided that the building has a capacity for 100 or more visitors;
“initial work” means the work set out in the initial notice which the client considers amounts to 15% of all the work described in the initial notice;
“public building” means—
a shop or shopping centre;
premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall;
a stadium, theatre, cinema, concert hall;
a sports ground;
an exhibition hall or conference centre;
a hospital or premises for the provision of health care.