Section 47 Giving and acceptance of initial notice.C1

England and Wales

(1)

If—

(a)

a notice in the prescribed form F1relating to work that is not higher-risk building work (called an “initial notice”) is given jointly to a local authority by a person intending to carry out F2the work and a person who is F3a registered building control approver in relation to that work,

(b)

the initial notice is accompanied by such plans of the work as may be prescribed,

F4(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(d)

the initial notice is accepted by the local authority,

then, so long as the initial notice continues in force, the F5registered building control approver by whom the notice was given shall undertake such functions as may be prescribed with respect to the inspection of plans of the work F6to which the notice relates, the supervision of that work and the giving F7and receiving of certificates and other notices.

(2)

A local authority to whom an initial notice is given—

(a)

may not reject the notice except on prescribed grounds, and

(b)

shall reject the notice if any of the prescribed grounds exists,

and, in a case where the work to which an inital notice relates is work of such a description that, if F8an application for building control approval in respect of it had been made to the local authority, the authority could, under any enactment, have imposed requirements as a condition of F9granting the application, the local authority may impose the like requirements as a condition of accepting the initial notice.

(3)

Unless, within the prescribed period, the local authority to whom an initial notice is given give notice of rejection, specifying the ground or grounds in question, to each of the persons by whom the initial notice was given, the authority is conclusively presumed to have accepted the initial notice and to have done so without imposing any such requirements as are referred to in subsection (2) above.

F10(3A)

Subsection (3) does not apply in prescribed circumstances.

(4)

An initial notice—

(a)

comes into force when it is accepted by the local authority, either by notice given within the prescribed period to each of the persons by whom it was given or by virtue of subsection (3) above, and

(b)

subject to section 51(3) F11(final certificates) and section 53A (lapse of initial notice), continues in force until—

(i)

it is cancelled by a notice under section 52 below, F12...

F13(ia)

it is cancelled, in whole or in part, by a notice under section 52A,

F14(ib)

it is cancelled by a notice under section 53D, or

(ii)

the occurrence of, or the expiry of a prescribed period of time beginning on the date of, such event as may be prescribed;

and building regulations may empower a local authority to extend (whether before or after its expiry) any such period of time as is referred to in paragraph (ii) above.

(5)

The form prescribed for an initial notice may be such as to require—

(a)

either or both of the persons by whom the notice is to be given to furnish information relevant for the purposes of this Act, Part II or IV of the M1Public Health Act 1936 or any provision of building regulations, and

(b)

the F15registered building control approver by whom the notice is to be given to enter into undertakings with respect to F16their performance of any of the functions referred to in subsection (1) above.

F17(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(8)

This section is subject to sections 53 and 53B (new initial notices).