Regulation 9 Notice before starting on site and further notice when work is “commenced”I1

This regulation applies where building control approval for HRB work or building control approval for a stage of HRB work is granted under regulation 7 (building control approval applications for HRB work or stage of HRB work: decisions).

At least 5 working days before the day on which the HRB work or the stage of HRB work 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 the work is to start.

Within 5 F1working days after the day on which the HRB work is to be regarded as commenced, the client, or someone 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 the reason for 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.

An appeal must be 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 against was wrong on one or more of the following grounds—

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—

For the purposes of paragraphs (3) to (11), regulation 46B of the 2010 Regulations applies to determine whether work is to be regarded as commenced.