Paragraph 13 Earlier noticeI1

England and Wales

(1)

Except where sub-paragraph (2) applies, an initial notice (“an earlier notice”) has already been given in respect of any part of the work described in the notice.

(2)

The ground in sub-paragraph (1) does not apply if—

(a)

F1subject to sub-paragraph 3 an earlier notice has ceased to be in force and the local authority has taken no positive step to supervise the work described in it; or

(b)

the notice is accompanied by an undertaking by the approver who gave an earlier notice to the effect that the approver will cancel that notice as soon as the initial notice under consideration is accepted.

F2(3)

sub-paragraph (2)(a) does not apply if—

(a)

the earlier notice has been cancelled by the client or the approver;

(b)

the client has received a notice of contravention in accordance with regulation 21(1); and

(c)

the client has failed to remedy the contravention in the time specified in regulation 21(3).

Annotations

Textual amendments

F1: Words in Sch. 2 para. 13(2)(a) inserted (7.10.2025) by The Building Regulations etc. (Amendment) (England) Regulations 2025 (S.I. 2025/1017), regs. 1(2), 7(a) (with reg. 11(2)(4))
F2: Sch. 2 para. 13(3) inserted (7.10.2025) by The Building Regulations etc. (Amendment) (England) Regulations 2025 (S.I. 2025/1017), regs. 1(2), 7(b) (with reg. 11(2)(4))

Commencement

I1: Sch. 2 para. 13 in force at 6.4.2024, see reg. 1(3)