Section 50 Plans certificates.

England and Wales

F1(1)

In this Part a “plans certificate” means a certificate by a registered building control approver that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the approver has given an initial notice).

(1A)

The relevant conditions are that the registered building control approver—

(a)

has inspected—

(i)

full plans of the work, or

(ii)

plans of the work that the approver is satisfied are sufficient for the purposes of giving a plans certificate in relation to the work,

(b)

is satisfied that the plans are not defective,

(c)

is satisfied that work carried out in accordance with the plans would not contravene any provision of building regulations, and

(d)

has complied with any prescribed requirements as to consultation or otherwise.

(1B)

Subsection (1C) applies if the person intending to carry out work to which an initial notice relates asks the registered building control approver who gave the initial notice to give a plans certificate in respect of the work.

(1C)

If the relevant conditions are met, the approver must give a plans certificate to the local authority and the person intending to carry out the work.

(1D)

A plans certificate must be in the prescribed form.

F2(2)

If a registered building control approver refuses to give a plans certificate on being asked to do so, the person intending to carry out the work may appeal to—

(a)

the regulator, in the case of work to be carried out in England;

(b)

the Welsh Ministers, in the case of work to be carried out in Wales.

(4)

Building regulations may authorise the giving of an initial notice combined with a F3plans certificate above, and may prescribe a single form for such a combined notice and certificate; and where such a prescribed form is used—

(a)

a reference in this Part of this Act to an initial notice or to a plans certificate includes a reference to that form, but

(b)

should the form cease to be in force as an ititial notice by virtue of section 47(4) above, nothing in that subsection affects the continuing validity of the form as a plans certificate.

(5)

A plans certificate—

(a)

may relate either to the whole or to part only of the work F4to which the initial notice concerned relates, and

(b)

does not have effect unless it is accepted by the local authority to whom it is given.

(6)

A local authority to whom a plans certificate is given—

(a)

may not reject the certificate except on prescribed grounds, and

(b)

shall reject the certificate if any of the prescribed grounds exists.

(7)

Unless, within the prescribed period, the local authority to whom a plans certificate is given give notice of rejection, specifying the ground or grounds in question, to—

(a)

the F5registered building control approver by whom the certificate was given, and

(b)

the other person to whom the registered building control approver gave the certificate,

the authority shall be conclusively presumed to have accepted the certificate.

F6(7A)

Building regulations may make further provision in connection with plans certificates, including in particular provision—

(a)

requiring a plans certificate to be given to the local authority in prescribed cases;

(b)

about the consequences of failing to comply with such a requirement (for example, for an initial notice to cease to have effect in whole or in part);

(c)

requiring a plans certificate stating that the condition in subsection (1A)(a)(ii) is met to include prescribed information about the further plans that the registered building control approver considers need to be provided.

F7(8)

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Annotations

Textual amendments

F1: S. 50(1)-(1D) substituted for s. 50(1) (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 25.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 49(2)(a), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(e) (with reg. 3); S.I. 2024/447, reg. 2
F2: S. 50(2) substituted for s. 50(2)(3) (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 6 para. 8; S.I. 2023/993, reg. 2(o)(i) (with regs. 6, 8); S.I. 2024/207, reg. 2(d)(xii) (with regs. 3, 4, 7-12)
F3: Words in s. 50(4) substituted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 25.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 49(2)(b), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(e) (with reg. 3); S.I. 2024/447, reg. 2
F4: Words in s. 50(5)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(4)(b)
F5: Words in s. 50(7) substituted (6.4.2024 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 4 para. 6; S.I. 2024/104, reg. 2(b) (with reg. 3); S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)
F6: S. 50(7A) inserted (6.4.2023 for specified purposes except in relation to W., 5.9.2023 for W. for specified purposes, 6.4.2024 in force in so far as not already in force except in relation to W., 25.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 49(2)(c), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(v); S.I. 2023/914, reg. 2(b)(xii); S.I. 2024/104, reg. 2(e) (with reg. 3); S.I. 2024/447, reg. 2
F7: S. 50(8) omitted (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 virtue of Building Safety Act 2022 (c. 30), ss. 36(4), 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 II

Textual amendments

F1: Words in Pt. 2 heading substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 39; S.I. 2023/993, reg. 2(n)(xii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

Notes on Supervision of plans and work by registered building control approvers

Textual amendments

F1: Words in s. 47 cross-heading substituted (6.4.2024 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 4 para. 3; S.I. 2024/104, reg. 2(b) (with reg. 3); S.I. 2024/207, reg. 2(d)(x) (with regs. 3, 4, 6, 8-12)