Regulation 34 Exception to building control prohibition: emergency repair workI1

England and Wales

F1(1)

Where an applicable person proposes to carry out building work which consists of emergency repair work then, subject to paragraph (2), the provision by that person of—

(a)

a building notice pursuant to regulation 12(8) of the Building Regulations 2010, or

(b)

a notice pursuant to regulation 16(4) of those Regulations,

is not to be treated as a breach of a building control prohibition.

F2(1A)

Where paragraph (1) applies, the local authority is not prohibited from giving the applicable person a certificate under regulation 17 (completion certificates) of the Building Regulations 2010.

(2)

Paragraph (1) applies only where—

(a)

each of the criteria in regulation 12(8)(a) to (c) of the Building Regulations 2010 are satisfied; F3and—

(b)

the applicable person gives the F4relevant authority the relevant building notice as soon as reasonably practicable after the commencement of the work and explains on giving that notice—

(i)

that they are an applicable person but that this provision applies to them; and

(ii)

the nature of the emergency repairs required to be undertaken.

F5(3)

In this regulation “relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010.

Annotations

Textual amendments

F1: Reg. 34(1) substituted (1.6.2026) by The Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026 (S.I. 2026/509), regs. 1(1), 8(2)
F2: Reg. 34(1A) inserted (1.6.2026) by The Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026 (S.I. 2026/509), regs. 1(1), 8(3)
F3: Word in reg. 34(2)(a) inserted (1.6.2026) by The Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026 (S.I. 2026/509), regs. 1(1), 8(4)
F4: Words in reg. 34(2)(b) substituted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(2)(a) (with regs. 22-24)
F5: Reg. 34(3) inserted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(2)(b) (with regs. 22-24)

Commencement

I1: Reg. 34 in force at 4.7.2023, see reg. 1(1)