OpenLegislation

Section 52 Cancellation of initial notice.

England and Wales

(1)

If, at a time when an initial notice is in force—

(a)

the F1registered building control approver becomes or expects to become unable to carry out (or to continue to carry out) F2their functions with respect to any of the work F3to which the initial notice relates,

(b)

the F4registered building control approver is of the opinion that any of the work is being so carried out that F5they are unable adequately to carry out F6their functions with respect to it, F7...

(c)

the F8registered building control approver is of the opinion that there is a contravention of any provision of building regulations with respect to any of that work and the circumstances are as mentioned in subsection (2) below,

F9(d)

the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates,

(e)

the registered building control approver is given a disciplinary order under section 58U(2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention), or

(f)

it appears to the registered building control approver that a prescribed circumstance exists,

the F10registered building control approver, or in the case of paragraph (e) the person shown in the initial notice as the registered building control approver, must cancel the initial notice by notice in the prescribed form given to the local authority concerned and to the person carrying out or intending to carry out the work.

(2)

The circumstances referred to in subsection (1)(c) above are—

(a)

that the F11registered building control approver has, in accordance with building regulations, given notice of the contravention to the person carrying out the work F12or intending to carry out the work, and

(b)

that, within the prescribed period, F13the prescribed steps are not taken by the person who, in accordance with building regulations, is required to take them.

F14(3)

If, at a time when an initial notice is in force, it appears to the person carrying out or intending to carry out the work to which the notice relates that—

(a)

the registered building control approver is no longer willing or able to carry out the registered building control approver’s functions with respect to any of that work, or

(b)

a prescribed circumstance exists,

the person must cancel the initial notice by notice in the prescribed form given to the local authority concerned and, if it is practicable to do so, to the registered building control approver.

(4)

If a person fails without reasonable excuse to give to a local authority a notice that he is required to give by subsection F15(1) or (3) above, he is liable on summary conviction to a fine F16....

F17(5)

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

F18(5A)

If, at a time when an initial notice is in force, it appears to the local authority concerned that a condition in subsection (5B) is satisfied, the authority must cancel the initial notice by notice in the prescribed form given to—

(a)

the person shown in the initial notice as the registered building control approver, and

(b)

the person shown in the initial notice as the person intending to carry out the work.

(5B)

The conditions are—

(a)

the registered building control approver is given a disciplinary order under section 58U(2)(b) (variation of registration) such that the registered building control approver is no longer able to carry out the registered building control approver’s functions with respect to the work to which the initial notice relates;

(b)

the registered building control approver is given a disciplinary order under section 58U(2)(c) (suspension of registration) or an order under section 58V (interim suspension for suspected serious contravention);

(c)

the registered building control approver is given a disciplinary order under section 58U(2)(d) (cancellation of registration);

(d)

the registered building control approver has their registration cancelled under section 58Z6(2) (serious contravention notices);

(e)

a prescribed circumstance exists.

(6)

A notice under subsection (1), (3) or F19(5A) above has the effect of cancelling the initial notice to which it relates with effect from the day on which the notice is given.

F20(7)

Before cancelling an initial notice under subsection (5A) based on a condition in subsection (5B)(a), (b) or (e), the local authority must—

(a)

give the person shown in the initial notice as the registered building control approver a notice in the prescribed form at least seven days before the day on which the initial notice is to be cancelled, and

(b)

have regard to any representations made to the local authority during that period.

Annotations

Textual amendments

F1

Words in s. 52(1)(a) 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. 10(2)(a)(i); 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)

F2

Word in s. 52(1)(a) 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. 10(2)(a)(ii); 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)

F3

Words in s. 52(1)(a) substituted (14.10.1996) by S.I. 1996/1905, art. 3(6)(a)

F4

Words in s. 52(1)(b) 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. 10(2)(b)(i); 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)

F5

Words in s. 52(1)(b) 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. 10(2)(b)(ii); 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

Word in s. 52(1)(b) 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. 10(2)(b)(iii); 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)

F7

Word in s. 52(1) omitted (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., 6.4.2024 for W. in so far as not already in force) by virtue of Building Safety Act 2022 (c. 30), ss. 50(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(f) (with reg. 3); S.I. 2024/207, reg. 2(d)(vi) (with regs. 3, 4, 8-12)

F8

Words in s. 52(1)(c) 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. 10(2)(c); 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)

F9

S. 52(1)(d)-(f) 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., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 50(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(f) (with reg. 3); S.I. 2024/207, reg. 2(d)(vi) (with regs. 3, 4, 8-12)

F10

Words in s. 52(1) 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., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 50(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(f) (with reg. 3); S.I. 2024/207, reg. 2(d)(vi) (with regs. 3, 4, 8-12)

F11

Words in s. 52(2)(a) 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. 10(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)

F12

Words in s. 52(2)(a) inserted (1.2.2006) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 8(3)(a), 11(3); S.I. 2006/224, art. 2(c)

F13

Words in s. 52(2)(b) substituted (1.2.2006) by Sustainable and Secure Buildings Act 2004 (c. 22), ss. 8(3)(b), 11(3); S.I. 2006/224, art. 2(c)

F14

S. 52(3) 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., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 50(3), 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(f) (with reg. 3); S.I. 2024/207, reg. 2(d)(vi) (with regs. 3, 4, 8-12)

F15

Words in s. 52(4) 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., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 50(4), 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(f) (with reg. 3); S.I. 2024/207, reg. 2(d)(vi) (with regs. 3, 4, 8-12)

F16

Words in s. 52(4) omitted (1.10.2023 except in relation to W., 6.4.2024 for W.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 44(2); S.I. 2023/993, reg. 2(n)(xviii); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F17

S. 52(5) 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(5), 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)

F18

S. 52(5A)(5B) 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., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 50(5), 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(f) (with reg. 3); S.I. 2024/207, reg. 2(d)(vi) (with regs. 3, 4, 8-12)

F19

Word in s. 52(6) 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. 5 para. 44(3); S.I. 2024/104, reg. 2(j)(ii) (with reg. 3); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)

F20

S. 52(7) 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., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 50(6), 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(f) (with reg. 3); S.I. 2024/207, reg. 2(d)(vi) (with regs. 3, 4, 8-12)

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)