Regulation 12 Particulars and plans where a building notice is given

(1)

A building notice shall state the name and address of the person intending to carry out the work and shall be signed by him or on his behalf, and shall contain or be accompanied by–

(a)

a statement that it is given in accordance with regulation 11(1)(a);

(b)

a description of the proposed building work or material change of use; and

(c)

particulars of the location of the building to which the proposal relates and the use or intended use of that building.

(2)

In the case of the erection or extension of a building, a building notice shall be accompanied by–

(a)

a plan to a scale of not less than 1:1250 showing–

(i)

the size and position of the building, or the building as extended, and its relationship to adjoining boundaries;

(ii)

the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within that curtilage;

(iii)

the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended;

(b)

a statement specifying the number of storeys (each basement level being counted as one storey), in the building to which the proposal relates; and

(c)

particulars of–

(i)

the provision to be made for the drainage of the building or extension;

(ii)

the precautions to be taken in building over a drain, sewer or disposal main as mentioned in section 18 of the Act^f1 (building over sewers etc.); and

(iii)

the steps to be taken to comply with any local enactment which applies.

(3)

In the case of building work which involves the insertion of insulating material into the cavity walls of a building, a building notice shall be accompanied by a statement as to–

(a)

the name and type of insulating material to be used;

(b)

whether or not the insulating material is approved by the British Board of Agrément or conforms to a British Standard specification;

(c)

whether or not the installer is a person who is the subject of a British Standards Institution Certificate of Registration or has been approved by the British Board of Agrément for the insertion of that material.

(4)

Where building work involves the provision of a hot water storage system in relation to which paragraph G3 in Schedule 1 (hot water storage) imposes a requirement, a building notice shall be accompanied by a statement which specifies–

(a)

the name, make, model and type of hot water storage system to be installed;

(b)

the name of the body, if any, which has approved or certified that the system is capable of performing in a way which satisfies the requirements of paragraph G3 of Schedule l;

(c)

the name of the body, if any, which has issued any current registered operative identity card to the installer or proposed installer of the system.

(5)

Where a building notice has been given, a person carrying out building work or making a material change of use shall give the local authority, within such time as they specify, such plans as are, in the particular case, necessary for the discharge of their functions in relation to building regulations and are specified by them in writing.

(6)

Subject to regulation 11(5) neither a building notice nor plans which accompany it or are given under paragraph (5) are to be treated for the purposes of section 16 of the Act as having been deposited in accordance with building regulations.

(7)

A building notice shall cease to have effect on the expiry of three years from the date on which that notice was given to the local authority, unless before the expiry of that period–

(a)

the building work to which the notice relates was commenced; or

(b)

the material change of use described in the notice was made.

Annotations

Footnotes

f1: Section 18 of the 1984 Act was amended by paragraph 6 of Schedule 8 to the Water Act 1989 c. 15.