Section 223 Determination to cease to have effect when plans not proceeded with.C1

England and Wales

(1)

Where, on the F1granting of an application for building control approval for the erection of a building F2in Wales, the amount to be paid or secured under section 219 above has been determined under section 220 above, and subsequently—

F3(a)

by virtue of section 32 of the Building Act 1984 the approval is treated as not having been given, or

(b)

before any work has been done in or for the purpose of erecting the building the owner gives notice to the F4building control authority of his intention not to proceed with the building,

the said determination and any payment made or security given in accordance with it are, unless there have already been carried out or commenced in the street under the private street works code street works in respect of which the owner of the land on which the building was to be erected is liable, of no effect for the purposes of this Part of this Act.

F5(1A)

Where, on the granting of an application for building control approval for the erection of a building in England, the amount to be paid or secured under section 219 has been determined under section 220, and subsequently—

(a)

by virtue of section 32 of the Building Act 1984 the approval is treated as not having been given, or

(b)

before any work has been done in or for the purpose of erecting the building the owner gives notice of their intention not to proceed with the building to—

(i)

the building safety regulator, as respect a higher-risk building, or

(ii)

the local authority, as respects any other building,

(2)

Where by virtue of subsection (1) F6or (1A) above a determination is of no effect and a sum has been paid or security given in accordance with it, the street works authority—

(a)

if the sum was paid, shall refund it to the person who is for the time being owner of the land;

(b)

if the sum was secured and the person whose property is security for the payment of it is for the time being owner of the land, shall release the security;

(c)

if the sum was secured and the person whose property is security for the payment of it is not for the time being owner of the land, shall pay to that owner an amount equal to the said sum, and are entitled to realise the security for the purpose of recovering the amount so paid.

(3)

Where land in respect of which a sum has been paid or secured as mentioned in subsection (2) above is subsequently divided into 2 or more parts so that 2 or more owners would, if street works were carried out, incur liability in respect thereof, the sum is to be treated as apportioned between those owners according to their respective frontages and, if the sum was secured and the security is the property of one only of those owners, the street works authority—

(a)

are required under subsection (2)(b) above to release the security only to the extent of the amount apportioned to that owner, and

(b)

are entitled to realise the security for the purpose of recovering the amount or amounts paid to the other owner or owners under subsection (2)(c) above.

(4)

Where any refund, release or payment has been made under section 220(7) above, or under section 221 above, subsections (2) and (3) above have effect as if for references in those subsections to a sum paid and security given there were substituted references to, respectively, any sum remaining paid and any remaining security.

(5)

Where—

(a)

a person F7gives notice in accordance with subsection (1)(b) above of his intention not to proceed with the building and by reason thereof a determination is of no effect, and

F8(b)

subsequently notice is given by the owner of the land that they intend to proceed with the building in accordance with the approval given under the application for building control approval as originally made,

the notice to be served under subsection (1) of section 220 above by the street works authority shall, in lieu of being served as required by that subsection, be served on him within one month from the date of the service of the notice of his intention to proceed with the building, and section 220 has effect accordingly.

F9(5A)

Where—

(a)

a person gives notice in accordance with subsection (1A)(b) of their intention not to proceed with the building and by reason thereof a determination is of no effect, and

(a)

the notice to be served under section 220(1A) by the street works authority shall, in lieu of being served as required by that subsection, be served within one month from the date of the service of the notice of intention to proceed with the building, and section 220 has effect accordingly.

F10(5B)

As respects England, in any case to which this section may be applicable and one of the events referred to in subsection (5C) takes place—

(a)

where the advance payments code is in force in the whole or any part of a non-metropolitan district, the district council shall within one week inform the county council of the happening of the event in question;

(b)

where the building safety regulator has granted an application for building control approval relating to the erection of a building in an area in which the advance payments code is in force, the regulator shall within one week inform the street works authority of the happening of the event in question.

(5C)

The events mentioned in subsection (5B) are—

(a)

the lapse, under section 32 of the Building Act 1984, of a building control approval granted by the district council, or the building safety regulator, as the case may be;

(b)

the giving of any notice by an owner of an intention not to proceed with a building in respect of which an application for building control approval was made;

(c)

the giving of any notice by an owner of an intention to proceed with the building in accordance with the application for building control approval as originally made.

(6)

F11The following kinds of event are relevant for the purposes of subsection (7)—

F12(a)

the lapse, under section 32 of the Building Act 1984, of a building control approval relating to the erection of a building,

(b)

the giving of any notice by an owner of his intention not to proceed with a building, and

(c)

the giving of any notice by an owner of his intention to proceed with the building in accordance with the F13application for building control approval as originally made.

F14(7)

In any case—

(a)

to which this section may be applicable; and

(b)

which relates to plans for the erection of a building in any part of a street in Wales which is treated as being in the area of a street works authority other than the Welsh council for the county or county borough in which it is situated,

the Welsh council shall within one week inform the street works authority of the happening of any event of a kind described in paragraphs (a) to (c) of subsection (6) above.

Annotations

Textual amendments

F1: Words in s. 223(1) substituted (1.7.2026) by The Building Safety Act 2022 (Consequential Amendments) (Wales) Regulations 2026 (W.S.I. 2026/55), regs. 1(2), 3(7)(a)(i) (with reg. 13)
F2: Words in s. 223(1) inserted (1.10.2023) by The Building Safety Act 2022 (Consequential Amendments etc.) Regulations 2023 (S.I. 2023/908), regs. 1(2), 6(5)(a) (with reg. 17)
F3: S. 223(1)(a) substituted (1.7.2026) by The Building Safety Act 2022 (Consequential Amendments) (Wales) Regulations 2026 (W.S.I. 2026/55), regs. 1(2), 3(7)(a)(ii) (with reg. 13)
F4: Words in s. 223(1)(b) substituted (1.7.2026) by The Building Safety Act 2022 (Consequential Amendments) (Wales) Regulations 2026 (W.S.I. 2026/55), regs. 1(2), 3(7)(a)(iii) (with reg. 13)
F5: S. 223(1A) inserted (1.10.2023) by The Building Safety Act 2022 (Consequential Amendments etc.) Regulations 2023 (S.I. 2023/908), regs. 1(2), 6(5)(b) (with reg. 17)
F6: Words in s. 223(2) inserted (1.10.2023) by The Building Safety Act 2022 (Consequential Amendments etc.) Regulations 2023 (S.I. 2023/908), regs. 1(2), 6(5)(c) (with reg. 17)
F7: Words in s. 223(5)(a) substituted (1.7.2026) by The Building Safety Act 2022 (Consequential Amendments) (Wales) Regulations 2026 (W.S.I. 2026/55), regs. 1(2), 3(7)(b)(i) (with reg. 13)
F8: S. 223(5)(b) substituted (1.7.2026) by The Building Safety Act 2022 (Consequential Amendments) (Wales) Regulations 2026 (W.S.I. 2026/55), regs. 1(2), 3(7)(b)(ii) (with reg. 13)
F9: S. 223(5A) inserted (1.10.2023) by The Building Safety Act 2022 (Consequential Amendments etc.) Regulations 2023 (S.I. 2023/908), regs. 1(2), 6(5)(d) (with reg. 17)
F10: S. 223(5B)(5C) inserted (1.10.2023) by virtue of The Building Safety Act 2022 (Consequential Amendments etc.) Regulations 2023 (S.I. 2023/908), regs. 1(2), 6(5)(e) (with reg. 17)
F11: Words in s. 223(6) substituted (1.10.2023) by The Building Safety Act 2022 (Consequential Amendments etc.) Regulations 2023 (S.I. 2023/908), regs. 1(2), 6(5)(e) (with reg. 17)
F12: S. 223(6)(a) substituted (1.7.2026) by The Building Safety Act 2022 (Consequential Amendments) (Wales) Regulations 2026 (W.S.I. 2026/55), regs. 1(2), 3(7)(c)(i) (with reg. 13)
F13: Words in s. 223(6)(c) substituted (1.7.2026) by The Building Safety Act 2022 (Consequential Amendments) (Wales) Regulations 2026 (W.S.I. 2026/55), regs. 1(2), 3(7)(c)(ii) (with reg. 13)
F14: S. 223(7) added (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para.22 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1.

Modifications

C1: Ss. 221–223 modified by Building Act 1984 (c. 55, SIF 15), ss. 48(2)(3), 49(8)