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Regulation 47C Stop notices: contentsF1

(1)

A stop notice given by a building control authority must be in writing and state—

(a)

that it is a stop notice under section 35C(1)(a), 35C(1)(b) or, as the case may be, 35C(1)(c) of the Act;

(b)

the date the notice is given and whether the notice applies immediately, or where it does not apply immediately, the date when it applies;

(c)

the name or description of the recipient; and

(d)

the consequences of failing to comply with the notice.

(2)

A stop notice must additionally—

(a)

describe the issue to which the notice relates;

(b)

specify—

(i)

in a case within section 35C(1)(a) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates;

(ii)

in a case within section 35C(1)(b) of the Act, the compliance notice to which the stop notice relates;

(iii)

in a case within section 35C(1)(c) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates;

(c)

provide details of the nature of the contravention (including, in a case within section 35C(1)(c) of the Act, the nature of the serious harm that is anticipated);

(d)

state that the recipient may appeal to the First-tier Tribunal under section 39A(5) of the Act and state that any appeal must be made within 21 relevant days of the date the notice is given; and

(e)

state that the recipient may apply to the First-tier Tribunal under section 39A(6) of the Act for a direction.

(3)

A stop notice must relate to—

(a)

in a case within section 35C(1)(a) of the Act, no more than one contravention of a prescribed provision of building regulations or requirement imposed by virtue of such a provision;

(b)

in a case within section 35C(1)(b) of the Act, no more than one compliance notice;

(c)

in a case within section 35C(1)(c) of the Act, no more than one contravention of a provision of building regulations or a requirement imposed by virtue of such a provision.

Annotations

Textual amendments

F1

Regs. 47A-47H inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 16(2) (with regs. 22-24)