Regulation 17 Notice before starting on site and further notice when work is “commenced”I1
England and Wales
This regulation applies where building control approval for work to existing HRB is granted under regulation 15.
At least 5 working days before the day on which the work to existing HRB starts, the client, or somebody acting on their behalf must give a notice to the building control authority setting out their intention to start the work and the date that work is to start.
Within 5 F1working days after the day on which the work to existing HRB is to be regarded as commenced, the client, or somebody acting on their behalf must give a notice to that effect to the building control authority.
If the building control authority is not satisfied the work is to be regarded as commenced, it must give the client a notice to that effect (“rejection notice”) within 4 weeks of the date the notice under paragraph (3) is given, and the rejection notice must give reasons for the rejection and what needs to be completed for the work to be regarded as commenced.
Where a notice is given under paragraph (3) and the period referred to in paragraph (4) expires without a rejection notice being given, the work is to be regarded as commenced.
If the client accepts the rejection notice they may not give a further notice under paragraph (3) unless, having regard to the reasons given by the building control authority, they are satisfied the work is to be regarded as commenced.
The client 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.
The magistrates’ court may allow an appeal under paragraph (7) only if it is satisfied that the decision appealed was wrong on one or more of the following grounds—
that the decision was based on an error of fact;
that the decision was wrong in law;
that the decision was unreasonable;
that the decision was made without following the procedures set out in the 1984 Act or regulations made under that Act.
Where a notice under paragraph (2) or (3) is given by someone on behalf of the client, the notice must include a statement signed by the client confirming they agree to the notice being given and that the information contained in it is correct.
The building control authority may take such steps as it thinks appropriate to check whether the work is to be regarded as commenced, including—
requiring information;
laying open of work for inspection.
For the purposes of paragraphs (3) to (10) regulation 46B of the 2010 Regulations applies to determine whether work is to be regarded as commenced.
Annotations
Textual amendments
- F1
Word in reg. 17(3) inserted (20.7.2026) by The Building etc. (Amendment) (No. 2) (Wales) Regulations 2026 (W.S.I. 2026/112), regs. 1(2), 7(6)