OpenLegislation

Regulation 9 Amendments: starting on site and commencement of workI1

England and Wales

(1)

In regulation 16—

(a)

for the heading substitute “Notices in relation to building work”;

(b)

in paragraph (1)—

(i)

for “commence that work” substitute “start that work”;

(ii)

for “commence work” substitute “start work”;

(c)

in paragraph (2)(b), for “commence that work” substitute “start that work”;

(d)

after paragraph (2) insert—

“(2A)

Not more than 5 days after the day on which work is to be regarded as commenced the person carrying out the work must give a notice to that effect to the building control authority.

(2B)

The building control authority may take such steps, including—

(a)

requiring information;

(b)

laying open of work for inspection,

as the authority thinks appropriate to check whether the work is to be regarded as commenced.

(2C)

If the building control authority are not satisfied the work is to be regarded as commenced they must give the person carrying out the work a notice to that effect (“rejection notice”) within 4 weeks of the date the notice under paragraph (2A) is given, and the rejection notice must give the reasons for rejection and indicate what work needs to be completed for the work to be accepted as commenced.

(2D)

Where a notice is given under paragraph (2A) and the period referred to in paragraph (2D) expires without a rejection notice being given, then the work is to be regarded as commenced.

(2E)

If the person carrying out the work accepts the rejection notice they may not give a further notice under paragraph (2A) unless, having regard to the reasons given by the building control authority, they are satisfied the work is to be regarded as commenced.

(2F)

A person who gave the notice under paragraph (2A) may appeal to the magistrates’ court against the decision of the building control authority to reject the notice provided the appeal is made within 15 working days beginning with the day after the day on which the building control authority gives the rejection notice.

(2G)

The magistrates’ court may allow an appeal under paragraph (2F) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)

that the decision was based on an error of fact;

(b)

that the decision was wrong in law;

(c)

that the decision was unreasonable;

(d)

that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(2H)

For the purposes of paragraphs (2A) to (2G), regulation 46B (lapse of building control approval: commencement of work: Wales) applies to determine whether work is to be regarded as commenced.”

(2)

After regulation 46A insert—

“Lapse of building control approval: commencement of work: Wales

46B.
(1)

For the purposes of section 32(6) of the Act (lapse of building control approval) work is to be regarded as commenced in accordance with the following paragraphs.

(2)

Where the work consists of the construction of a complex building, work is to be regarded as commenced in relation to that building or the first stage of building work for that building when the foundations supporting the building and the structure of the lowest floor level of that building (but not the other buildings or structures to be supported by those foundations) are completed.

(3)

Where the work consists of—

(a)

the construction of a building and paragraph (2) does not apply, or

(b)

horizontal extension of a building,

work is to be regarded as commenced when the sub-surface structure of the building or the extension including all foundations, any basement level (if any) and the structure of ground floor level is completed.

(4)

Where the work consists of any other building work, and that work will be incorporated into the completed building, then the work is to be regarded as commenced when—

(a)

it reaches the point at which the project requires building control input, and

(b)

without such building control input, at that point, there would be grounds for enforcement.

(5)

In this regulation—

  • “complex building” means—

    1. (a)

      a building which is to be constructed on the same foundation plinth or podium as any other building or structure;

    2. (b)

      a building which has more than one storey below ground level;

    3. (c)

      a building where it is proposed use is primarily as a public building where the public or a section of the public has access to the building (whether or not on payment) provided that the building has a capacity for 100 or more visitors;

  • “public building” means—

    1. (a)

      a shop or shopping centre;

    2. (b)

      premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall;

    3. (c)

      a stadium, theatre, cinema, concert hall;

    4. (d)

      a sports ground;

    5. (e)

      an exhibition hall or conference centre;

    6. (f)

      a hospital or premises for the provision of health care.”

Annotations

Commencement

I1

Reg. 9 in force at 1.7.2026, see reg. 1(2)