{
  "url": "https://openlegislation.uk/building-safety-act-2022/section-39",
  "json_url": "https://openlegislation.uk/building-safety-act-2022/section-39.json",
  "legislation": "ukpga/2022/30",
  "legislation_title": "Building Safety Act 2022",
  "legislation_url": "https://openlegislation.uk/building-safety-act-2022",
  "path": "section/39",
  "kind": "section",
  "number": "39",
  "heading": "Breach of building regulations",
  "text": "(1) The Building Act 1984 is amended as follows.\n(2) For section 35 substitute—\n“Offence of contravening building regulations etc\n35 (1) A person who contravenes a provision of building regulations, or a requirement imposed by virtue of any such provision, commits an offence.\n(2) Building regulations may provide that subsection (1) does not apply in relation to a prescribed provision of the regulations.\n(3) Building regulations may provide that, in relation to a prescribed provision of the regulations, it is a defence for a person charged with an offence under this section to prove such matters relating to the contravention as may be prescribed.\n(4) A person guilty of an offence under this section is liable—\n(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);\n(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);\nand (in either case) is liable on summary conviction to a further fine not exceeding level 1 on the standard scale for each day on which the default continues after the initial conviction.”\n(3) In section 36(4) (time limit for notices requiring removal or alteration of non-compliant work) for “12 months” substitute “10 years”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 39 not in force at Royal Assent, see s. 170(4)(b)(iii)(c)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 39 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(r)"
    },
    {
      "type": "I",
      "label": "I3",
      "text": "S. 39 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(vi)"
    },
    {
      "type": "I",
      "label": "I4",
      "text": "S. 39 in force at 1.10.2023 in so far as not already in force except in relation to W. by S.I. 2023/993, reg. 2(i) (with reg. 7)"
    },
    {
      "type": "I",
      "label": "I5",
      "text": "S. 39 in force at 1.7.2026 for W. in so far as not already in force by S.I. 2025/1368, reg. 2(e)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2022/30/section/39",
    "retrieved_at": "2026-10-29T08:56:43.272944+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}