Section 32 Lapse of building control approvalF1
England and Wales
This section applies where—
an application for building control approval in respect of any work is made on any day (“the relevant day”), and
the application is granted.
Where—
the work relates to one building, and
the work is not commenced within 3 years from the end of the relevant day,
the relevant provisions have effect as if the application had not been made (and the approval had not been given).
Where—
the work relates to more than one building, and
the work relating to one or more of the buildings (“the relevant work”) is not commenced within 3 years from the end of the relevant day,
the relevant provisions have effect in relation to those buildings and the relevant work as if the application had not been made (and the approval had not been given).
In subsection (1) the reference to an application for building control approval is to an application for approval of a kind mentioned in paragraph 1B(2)(a) of Schedule 1.
In this section “the relevant provisions” means this Act and regulations made under it except the following provisions and any regulations made under them—
sections 56, 56A, 56B and 91A (records and registers etc);
section 105B (fees and charges).
Building regulations may make provision about when work, or work relating to a building, is to be regarded as commenced for the purposes of this section.
Annotations
Textual amendments
- F1
S. 32 substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 1.10.2023 in so far as not already in force except in relation to W., 1.7.2026 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 36(2), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(o); S.I. 2023/914, reg. 2(b)(iii); S.I. 2023/993, reg. 2(g) (with regs. 3, 5); S.I. 2025/1368, reg. 2(b) (with savings in The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 (S.I. 2025/1320), regs. 1(2), 22)
Notes on Part I
Modifications
- C1
Pt. 1 (ss. 1-46) restricted by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 31(1), 45, Sch. 7 Pt. VI para. 2
- C2
Pt. 1 (ss. 1-46) modified (1.4.1991) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 60(2), Sch. 8 para. 18(1)
- C3
Pt. 1 (ss. 1-46) modified (17.7.1992) by S.I. 1992/1732, art. 4(1)
- C4
Pt. 1 (ss. 1-46) excluded (18. 12. 1996) by 1996 c. 61, s. 38, Sch. 10 para.7P
Pt. I (ss. 1-46) excluded (26.3.2001) by S.I. 2001/1149, art. 4(5) (subject to art. 1(3))
- C5
Pt. 1 (ss. 1-46) excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 14 para. 8
- C6
Pt. 1 (ss. 1-46) excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19 Pt. 1 para. 3
- C7
Pt. 1 (ss. 1-46) excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 22 para. 1
- C8
Pt. 1 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 22 para. 1(1)(a) (with Sch. 22 para. 1(2)(3))
- C9
Pt. 1 excluded (4.10.2024) by The National Grid (Bramford to Twinstead Reinforcement) Order 2024 (S.I. 2024/958), art. 1, Sch. 15 para. 4 (with art. 40, Sch. 14)
Notes on Lapse of building control approval
Textual amendments
- F1
Words in s. 32 cross-heading substituted (1.10.2023 except in relation to W., 1.7.2026 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 29; S.I. 2023/993, reg. 2(n)(xi) (with reg. 3); S.I. 2025/1368, reg. 2(q)