Building Act 1984
1984 c. 55 · Enacted 31 October 1984 · Extends to England and Wales
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C5C6C7C8C9C10
Annotations to the whole text
Modifications
- C1
Act extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xlvii), Sch. 8 para. 33
- C2
Act extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 1(2)(xxxi), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58 and by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(xxxix), Sch. 17 para. 33
- C3
Act extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxxv); S.I. 1996/218, art. 2
- C4
Act: functions transferred (W.) (1.7.1999) except in relation to specified provisions by S.I. 1999/672, art. 2, Sch. 1
- C5
Act modified (3.5.2007) by National Assembly for Wales Commission (Crown Status) Order 2007 (S.I. 2007/1118), art. 3
- C6
Act modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.
- C7
Act: functions transferred (31.12.2011) by Welsh Ministers (Transfer of Functions) (No.2) Order 2009 (S.I. 2009/3019), arts. 2(a), 5 (with arts. 3, 4)
- C8
Act: functions transferred (W.) (1.4.2018) by Wales Act 2017 (c. 4), ss. 54(1)(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)
- C9
Act excluded (1.9.2022) by Building Safety Act 2022 (c. 30), ss. 129(5), 170(5); S.I. 2022/927, reg. 2
- C10
Act continued (temp.) for specified purposes (1.7.2026) by The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 (S.I. 2025/1320), regs. 1(2), 21
Contents
- Part I: Building Regulations
- Power to make building regulations
- 1Power to make building regulations.
- 1ABuildings of special historical or architectural interest
- 2Continuing requirements.
- 2AContinuing requirements in relation to fuel, power and emissions
- 2BOptional requirements
- Duty to review minimum energy performance requirements
- 2CReview of minimum energy performance requirements
- Exemption from building regulations
- 3Exemption of particular classes of buildings etc.
- 4Exemption of educational buildings and buildings of statutory undertakers.
- 5Exemption of public bodies from procedural requirements of building regulations.
- Approved documents
- 6Approval of documents for purposes of building regulations.
- 7Compliance or non-compliance with approved documents.
- Relaxation of building regulations
- 8Relaxation of building regulations.
- 9Application for relaxation.
- 10Advertisement of proposal for relaxation of building regulations.
- 11Type relaxation of building regulations.
- Type approval of building matter
- 12Power of appropriate national authority to approve type of building matter.
- 13Delegation of power to approve.
- Consultation
- 14Consultation with Building Regulations Advisory Committee and other bodies : Wales
- 15Consultation with fire authority.
- Building control approval
- 16Passing or rejection of plans. Repealed
- 17Approval of persons to give certificates etc. Repealed
- 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 19Use of short-lived materials.
- 20Use of materials unsuitable for permanent building. Not yet in force
- 21Provision of drainage.
- 22Drainage of buildings in combination.
- 23Provision of facilities for refuse.
- 24Provision of exits etc.
- 25Provision of water supply.
- 26–29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Determination of questions
- 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Determination by appropriate national authority
- 30ADetermination of certain applications by appropriate national authority
- ...
- 31Proposed departure from plans. Repealed
- Lapse of building control approval
- 32Lapse of building control approval
- Tests for conformity with building regulations
- 33Tests for conformity with building regulations.
- Classification of buildings
- 34Classification of buildings.
- Breach of building regulations
- 35Offence of contravening building regulations etc
- 35ATime limit for prosecution for contravention of ... building regulations Repealed
- Notices in respect of contraventions
- 35BCompliance notices
- 35CStop notices
- 35DCompliance and stop notices: supplementary
- 36Removal or alteration of offending work.
- 37Obtaining of report where section 36 notice given.
- 38Civil liability.
- Appeals in certain cases
- 39Appeal against refusal etc. to relax building regulations.
- 39AAppeals against compliance notices and stop notices etc
- 40Appeal against section 36 notice.
- 41Appeal to Crown Court.
- 42Appeal and statement of case to High Court in certain cases.
- 43Procedure on appeal to Secretary of State on certain matters. Repealed
- 43AAppeals under sections 20, 39 and 50: England
- Application of building regulations to Crown etc. Not yet in force
- 44Application to Crown. Not yet in force
- 45Application to United Kingdom Atomic Energy Authority. Not yet in force
- Inner London
- 46Inner London.
- Building control authorities: restricted activities and functions
- 46ABuilding control authorities: restricted activities and functions
- Part II: Supervision of Building Work etc. otherwise than by building control authorities
- Supervision of plans and work by registered building control approvers
- 47Giving and acceptance of initial notice.
- 48Effect of initial notice.
- 49Approved inspectors. Repealed
- 50Plans certificates.
- 51Final certificates.
- 51AVariation of work to which initial notice relates.
- 51BEffect of amendment notice
- 51CChange of person intending to carry out work
- 52Cancellation of initial notice.
- 52ACancellation of initial notice when work becomes higher-risk building work
- 52BEffect of initial notice ceasing to be in force where work becomes higher-risk building work
- 53Effect of initial notice ceasing to be in force.
- 53ALapse of initial notice
- 53BNew initial notice: change of registered building control approver
- 53CConsideration of transfer certificate and report
- 53DCancellation of initial notice: change of registered building control approver
- 53ERestriction on functions of registered building control approvers
- Supervision of their own work by public bodies
- 54Giving, acceptance and effect of public body’s notice.
- 54APublic bodies and higher-risk building work
- Registered building control approvers: restricted activities and functions
- 54BRegistered building control approvers: restricted activities and functions
- Supplementary
- 55Appeals.
- 56Recording and furnishing of information.
- 56AGiving information by electronic means: England
- 56BRequirement to keep register: England
- 56CDelegation of functions
- 57Offences.
- 58Construction of Part II.
- Part 2A: REGULATION OF BUILDING CONTROL PROFESSION
- Interpretation
- 58A“Regulatory authority”
- Registered building inspectors
- 58B“Registered building inspector”
- 58CRegister of building inspectors
- 58DApplication for registration as building inspector
- 58EVariation or cancellation of registration as building inspector
- 58FCode of conduct
- 58GRegistered building inspectors: information notices
- 58HProfessional misconduct investigations
- 58ISanctions for professional misconduct
- 58JInterim suspension for suspected serious professional misconduct
- 58KSuspension orders: further provision
- 58LOffences relating to registration
- 58MOffence of acting as, or pretending to be, a registered building inspector
- Registered building control approvers
- 58N“Registered building control approver”
- 58ORegister of building control approvers
- 58PApplication for registration as building control approver
- 58QVariation or cancellation of registration as building control approver
- 58RProfessional conduct rules
- 58SRegistered building control approvers: information notices
- 58TInvestigations into contraventions of professional conduct rules
- 58USanctions for contravention of professional conduct rules
- 58VInterim suspension for suspected serious contravention
- 58WOffence of registered building control approver acting outside scope of registration
- 58XOffence of pretending to be a registered building control approver
- Delegation of registration functions
- 58YDelegation of registration functions
- Operational standards rules
- 58ZOperational standards rules
- 58Z1Reporting requirements
- 58Z2Information: Wales
- 58Z3Investigations
- 58Z4Improvement notice
- 58Z5Serious contravention notices
- 58Z6Continuing failure to meet standards: registered building control approvers
- 58Z7Continuing failure to meet standards: local authorities in England
- Inspection of local authorities and registered building control approvers
- 58Z8Inspections
- Information sharing
- 58Z9Sharing of information between regulatory authorities
- Appeals
- 58Z10Appeal to Crown Court
- Part III: Other Provisions about Buildings
- Drainage
- 59Drainage of building.
- 60Use and ventilation of soil pipes.
- 61Repair etc, of drain.
- 62Disconnection of drain.
- 63Improper construction or repair of water-closet or drain.
- Provision of sanitary conveniences
- 64Provision of closets in building.
- 65Provision of sanitary conveniences in workplace.
- 66Replacement of earth-closets etc.
- 67Loan of temporary sanitary conveniences.
- 68Erection of public conveniences.
- Buildings
- 69Provision of water supply in occupied house. Repealed
- 70Provision of food storage accommodation in house.
- 71Entrances, exits etc. to be required in certain cases. Repealed
- 72Means of escape from fire.
- 73Raising of chimney.
- 74Cellars and rooms below subsoil water level.
- 75Consents under s. 74.
- Defective premises, demolition etc.
- 76Defective premises.
- 77Dangerous building.
- 78Dangerous building—emergency measures.
- 79Ruinous and dilapidated buildings and neglected sites.
- 79AWales: exercise of powers under sections 77 and 79 in relation to listed buildings, buildings in conservation areas etc.
- 80Notice to local authority of intended demolition.
- 81Local authority’s power to serve notice about demolition.
- 82Notices under section 81.
- 83Appeal against notice under s. 81.
- Yards and passages
- 84Paving and drainage of yards and passages.
- 85Maintenance of entrances to courtyards.
- Appeal to Crown Court
- 86Appeal to Crown Court.
- Application of provisions to Crown property
- 87Application of provisions to Crown property.
- Inner London
- 88Inner London.
- Miscellaneous
- 89References in Acts to building byelaws.
- 90Facilities for inspecting local Acts.
- 90AFunctions under this Part: the regulator etc
- Part IV: General
- Duties of local authorities etc
- 91Duties of local authorities and the regulator.
- 91ZAThe regulator: building control authority for higher-risk buildings in England
- 91ZBThe regulator: building control authority for other work
- 91ZCSection 91ZB: supplementary
- 91ZDHigher-risk buildings in Wales: local authority work
- 91ARegisters to be kept by local authorities and the regulator
- 91BCooperation and the sharing of information: Wales
- Documents
- 92Form of documents.
- 93Authentication of documents.
- 94Service of documents.
- 94AElectronic service of documents Repealed
- Entry on premises
- 95Power to enter premises.
- 96Supplementary provisions as to entry.
- Execution of works
- 97Power to execute work.
- 98Power to require occupier to permit work.
- 99Content and enforcement of notice requiring works.
- 100Sale of materials.
- 101Breaking open of streets.
- Appeal against refusal to consider application etc
- 101AAppeal: refusal to consider application etc on ground is higher-risk building work
- Appeal against notice requiring works
- 102Appeal against notice requiring works.
- General provisions about appeals and applications
- 103Procedure on appeal or application to appropriate court or tribunal.
- 104Local authority or regulator to give effect to appeal.
- 105Judge not disqualified by liability to rates.
- 105AEnforcement of decisions of the First-tier and Upper Tribunal
- Fees, charges and levies
- 105BFees and charges
- 105CLevy on certain applications for building control approval etc
- Compensation, and recovery of sums
- 106Compensation for damage.
- 107Recovery of expenses etc.
- 108Payment by instalments.
- 109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 110Liability of agent or trustee.
- 111Arbitration.
- Obstruction
- 112Obstruction
- Prosecutions
- 112ALiability of officers of body corporate etc
- 113Prosecution of offences.
- 114Continuing offences.
- Protection of members etc. of authorities
- 115Protection of members etc. of authorities.
- Default powers
- 116Default powers of appropriate national authority.
- 117Expenses of appropriate national authority.
- 118Variations or revocation of order transferring powers.
- Local inquiries
- 119Local inquiries.
- Orders and regulations
- 120Orders.
- 120ARegulations
- 120BProposals and consultation relating to regulations made by the Secretary of State
- 120CConsultation relating to regulations made by the Welsh Ministers
- Higher-risk buildings etc
- 120DMeaning of “higher-risk building”: England
- 120ERegulations under section 120D: procedure
- 120FRegulations under section 120D: additional procedure in certain cases
- 120GRecommendations about regulations under section 120D
- 120HAdvice about regulations under section 120D
- 120IHigher-risk buildings and higher-risk building work: Wales
- Interpretation
- 121Meaning of “building”.
- 121AMeaning of “building control authority”
- 122Meaning of “building regulations”.
- 123Meaning of “construct”and “erect”.
- 124Meaning of deposit of plans Repealed
- 125Construction and availability of sewers.
- 125AMeaning of work
- 126General interpretation.
- 127Construction of certain references concerning Temples.
- Savings
- 128Protection for dock and railway undertakings.
- 129Saving for Local Land Charges Act 1975.
- 130Saving for other laws.
- 131Restriction of application of Part IV to Schedule 3.
- Part V: Supplementary
- 132Transitional provisions.
- 133Consequential amendments and repeals.
- 134Commencement.
- 135Short title and extent.
- Schedule 1: Building Regulations
- 1Paragraph 1
- Procedural requirements etc: general
- 1AParagraph 1A
- Applications for building control approval
- 1BParagraph 1B
- Certificates: approved schemes
- 1CParagraph 1C
- Obtaining, keeping and giving information and documents
- 1DParagraph 1D
- Reporting requirements: duty to establish and operate system
- 1EParagraph 1E
- Form and content of documents etc
- 1FParagraph 1F
- Inspection, testing etc
- 1GParagraph 1G
- Applications to building control authorities: extension of period by agreement
- 1HParagraph 1H
- Appeals
- 1IParagraph 1I
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 4AParagraph 4A Repealed
- 4BParagraph 4B Repealed
- 5Paragraph 5 Repealed
- Appointed persons
- 5AParagraph 5A
- General duties
- 5BParagraph 5B
- Competence requirements
- 5CParagraph 5C
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9 Repealed
- 10Paragraph 10
- 11Paragraph 11
- Schedule 2: Relaxation of Building Regulations for Existing Work
- Application of schedule
- 1Paragraph 1
- Cases where no direction may be given
- 2Paragraph 2
- Suspension of certain provisions while application pending
- 3Paragraph 3
- 4Paragraph 4
- Saving for criminal liability incurred before making of application
- 5Paragraph 5
- Termination of proceedings under section 36 on giving of direction
- 6Paragraph 6
- Schedule 3: Inner London
- Part I: Application of Part I of this Act
- 1Application to inner London.
- 2Application of provisions by building regulations.
- 3Repeal and modification of Acts.
- 4Consultation.
- Part II: Application of Part III of this Act
- 5Application to inner London.
- 6Application to Temples.
- Part III: Building and Drainage of Buildings
- 7-9Drainage of new building. Repealed
- Part IV: Byelaws
- 10Byelaws about demolition.
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Restriction of application of Part IV of Act.
- Part V: Enforcement of Building Regulations
- 14Paragraph 14 Repealed
- Schedule 4: Provisions Consequential Upon Public Body’s Notice
- Duration of notice
- 1Paragraph 1
- Cancellation of a public body’s notice where work to a building in England becomes higher-risk building work
- 1AParagraph 1A
- Effect of public body’s notice ceasing to be in force where work becomes higher-risk building work
- 1BParagraph 1B
- Appeals against cancellation of a public body’s notice by a local authority
- 1CParagraph 1C
- Public body’s plans certificates
- 2Paragraph 2
- Public body’s final certificates
- 3Paragraph 3
- Effects of public body’s notice ceasing to be in force
- 4Paragraph 4
- Lapse of public body’s notice
- 4AParagraph 4A
- Consultation
- 5Paragraph 5
- Schedule 5: Transitional Provisions
- Joint application to the Secretary of State for the determination of certain questions relating to building regulations
- 1Paragraph 1 Repealed
- The Clean Air Act 1956 and the Housing Act 1957
- 2Paragraph 2 Repealed
- Repeal and amendment of Acts etc.
- 3Paragraph 3
- 4Paragraph 4 Repealed
- 5Paragraph 5
- Schedule 6: Consequential Amendments
- The Restriction of Ribbon Development Act 1935
- 1Paragraph 1 Repealed
- The Public Health Act 1936
- 2Paragraph 2
- 3Paragraph 3
- The Atomic Energy Authority Act 1954
- 4Paragraph 4
- The Clean Air Act 1956
- 5Paragraph 5 Repealed
- The Housisng Act 1957
- 6Paragraph 6 Repealed
- The Radioactive Substances Act 1960
- 7Paragraph 7 Repealed
- The Public Health Act 1961
- 8Paragraph 8
- The London Government Act 1963
- 9Paragraph 9 Repealed
- 10Paragraph 10
- The Offices, Shops and Railway Premises Act 1963
- 11Paragraph 11
- The Faculty Jurisdiction Measure 1964
- 12Paragraph 12 Repealed
- The Fire Precautions Act 1971
- 13Paragraph 13
- The Local Government Act 1972
- 14Paragraph 14
- The Safety of Sports Grounds Act 1975
- 15Paragraph 15
- The Local Land Charges Act 1975
- 16Paragraph 16
- The Local Government (Miscellaneous Provisions) Act 1976
- 17Paragraph 17
- The Development of Rural Wales Act 1976
- 18Paragraph 18 Repealed
- The Interpretation Act 1978
- 19Paragraph 19
- The Highways Act 1980
- 20Paragraph 20
- 21Paragraph 21
- New Towns Act 1981
- 22Paragraph 22 Repealed
- The Public Health (Control of Disease) Act 1984
- 23Paragraph 23
- Schedule 7: Repeals