Section 52B Effect of initial notice ceasing to be in force where work becomes higher-risk building workF1
This section applies where an initial notice ceases to be in force, whether in whole or in part, by virtue of section 47(4)(b)(ia) (higher-risk building work).
If, before the day on which the relevant part of the initial notice ceased to be in force, a final certificate—
was given in respect of part of the work to which the relevant part of the initial notice relates, and
was accepted by the local authority,
the fact that the relevant part of the initial notice has ceased to be in force does not affect the continuing operation of section 51(3) in relation to that part of the work.
In any case where this section applies, the reference in subsection (4) of section 36 to the date of the completion of the work in question has effect, in relation to a notice under subsection (1) of that section, as if it were a reference to the date on which the relevant part of the initial notice ceased to be in force.
In this section “the relevant part of the initial notice” means so much of the initial notice as was cancelled by a notice under section 52A (cancellation of initial notice when work becomes higher-risk building work).
Annotations
Textual amendments
- F1
Ss. 52A, 52B inserted (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., 6.4.2024 for W. in so far as not already in force) by Building Safety Act 2022 (c. 30), ss. 46(3), 170(4)(b)(c); S.I. 2023/362, reg. 3(1)(u); S.I. 2023/914, reg. 2(b)(x); S.I. 2023/993, reg. 2(l) (with reg. 8); S.I. 2024/207, reg. 2(d)(v) (with regs. 3-5, 8-12)
Notes on Part II
Textual amendments
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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
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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)