The three key values which are central to the role of judicial office holders (JOHs) in England and Wales are:
Public Health Act 1936 (Part)
64
Passing or rejection of plans, and power to retain plans, and &c.
- (1) Where plans of any proposed work are, in accordance with building byelaws, deposited with a local authority, the local authority shall, subject to the provisions of any other section of this Act which expressly requires or authorises them in certain cases to reject plans, pass the plans unless they either are defective, or show that the proposed work would contravene any of those byelaws, and, if the plans are defective or show that the proposed work would contravene any of those byelaws, they shall reject the plans.
- (2) The authority shall within the prescribed period from the deposit of the plans give notice to the person by whom or on whose behalf they were deposited whether or not they are passed, and ---
- (i) a notice of rejection shall specify the defects on account of which, or the byelaw or section of this Act for non-conformity with which, or under the authority of which, the plans have been rejected; and ---
- (ii) a notice that plans have been passed shall state that the passing of the plant operates as an approval thereof only for the purposes of the requirements of the byelaws and of any such section of this Act as is referred to in the preceding subsection.
- (3) Any question arising under this section between a local authority and the person by whom or on whose behalf plans are deposited as to whether the plans are defective, or whether the proposed work would contravene any of the byelaws, may on the application of that person, be determined by a court of summary jurisdiction:
Provided that no such application shall be entertained unless it is made before the proposed work has been substantially commenced.
- (4) For the purposes of this Part of this Act, the expression " the prescribed period " in relation to the passing or rejection of plans means one month, but building byelaws made by an authority whose meetings are normally held not more frequently than once a month may provide that in the case of plans deposited less than three clear days before a meeting of the authority the prescribed period shall be five weeks.
- (5) Building byelaws may require that plans and other documents to be deposited in pursuance of the byelaws shall be deposited in duplicate and, if the byelaws contain such a requirement, the local authority may retain one copy of any plans or other documents so deposited, whether or not the plans are passed.
65
Power to require removal or alteration of work not in conformity with byelaws, or executed notwithstanding rejection of plans, and &c.
- (1) If any work to which building byelaws are applicable contravenes any of those byelaws, the authority, without prejudice to their right to take proceedings for a fine in respect of the contravention, may by notice require the owner either to pull down or remove the work or, if he so elects, to effect such alterations therein as may be necessary to make it comply with the byelaws.
- (2) If, in a case where the local authority are by any section of this Act other than the last preceding section expressly required or authorised to reject plans, any work towhich building byelaws are applicable is executed either without plans having been deposited, or notwithstanding the rejection of the plans, or otherwise than in accordance with any requirements subject to which the authority passed the plans, the authority may by notice to the owner either require him to pull
down or remove the work, or require him either to pull down or remove the workor, if he so elects, to comply with any other requirements specified in the notice, being requirements which they might have made under the section in question as a condition of passing plans.
- (3) If a person to whom a notice has been given under the foregoing provisions of this section fails to comply with the notice before the expiration of twenty-eight days, or such longer period as a court of summary jurisdiction may on his application allow, thelocal authority may pull down or remove the work in question, or effect such alterations therein as they deem necessary, and may recover from him the expenses reasonably incurred by them in so doing.
- (4) No such notice as is mentioned in subsection (1) or subsection (2) of this section shall be given after the expiration of twelve months from the date of the completion of the work in question, and, in any case where plans were deposited, it shall not be open to the authority to give such a notice on the ground that the work contravenesany building byelaw or, as the case may be, does not comply with their requirements under any such section of this Act as aforesaid, if either the plans were passed by the authority, or notice of their rejection was not given within the prescribed period from the deposit thereof, and if the work has been executed in accordance with the plans and of any requirement made by the local authority as a condition of passing the plans.
- (5) Nothing in this section shall affect the right of a local authority, or of the Attorney-General, or any other person, to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any byelaw or any enactment in this Act, but if the work is one in respect of which plans were deposited and the plans were passed by the local authority, or notice of their rejection was not given within the prescribed period after the deposit thereof, and if the work has been executed in accordance with the plans, the court on granting an injunction shall have power to order the local authority to pay to the owner of the work such compensation as the court thinks just, but before making any such order the court shall in accordance with rules of courtcause the local authority, if not a party to the proceedings, to be joined as a party thereto.
66
Deposit of plans to be of no effect after certain interval.
- (1) Where plans of any proposed work have, in accordance with building byelaws, been deposited with a local authority, and either the plans have been passed by the authority or notice of rejection of the plans has not been given within the prescribed period from the deposit thereof, and the work to which the plans relate has not been commenced ---
- (a) in the case of plans deposited before the date of the commencement of this Act, within three years from that date; and
- (b) in the case of plans deposited on or after that date, within three years from the deposit of the plans ;
- the local authority may, at any time before the work is commenced, by notice to the person by whom or on whose behalf the plans were deposited, or other the owner for the time being of the land to which the plans relate, declare that the deposit of the plans shall be of no effect, and when such a notice is given, this Act and the byelaws made thereunder shall as respects the proposed work have effect as if no plans had been deposited.
- (2) Nothing in this Act or in any repeal effected thereby shall affect the operation of section fifteen of the Public Health Acts Amendment Act, 1907, or of any corresponding provision in a local Act, as regards plans deposited before the commencement of this Act.
- (3) Where plans of any proposed work have been passed by a local authority before the date of the commencement of this Act, but the work has not been commenced before that date, the authority shall before the expiration of six months from that date give notice of the provisions of this section to the person by whom or on whose behalf the plans were deposited, or other the owner for the time being of the lands to which the plans relate.
Public Health Act 1961 (Part)
CHAPTER 64
An Act to amend the provisions of the Public Health
Act, 1936, relating to building byelaws, to make such
amendments of the law relating to public health and
the functions of county councils and other local
authorities as are commonly made in local Acts, to
amend the law relating to trade effluents and to
amend section two hundred and forty-nine of the said
Act of 1936. [3rd August, 1961]
BE it enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows:-
Public Health Act 1961 (Part)
PART I
GENERAL
1. (1) Part 11 of this Act shall be construed as one with
Part 11 of the Public Health Act, 1936.
(2) Part III of this Act shall be construed as one with Part V
of the Public Health Act, 1936.
(3) Part V of this Act shall be construed as one with the
Public Health (Drainage of Trade Premises) Act, 1937, and
references in Part V of this Act to that Act of 1937 are references
to that Act as extended by orders under section twenty-two of the
London County Council (General Powers) Act, 1953 (under
which the Act of 1937 may be applied to areas outside London
served by the London sewerage system).
A 3
PART I I
SANITATION AND BUILDINGS
Building regulations
4. (1) The Minister shall have power to make regulations
for all or any of the matters set out in sections sixty-one and
sixty-two of Ihe Public Health Act, 1936 (being the matters which
2
9 & 10 ELIZ. 2 Public Health Act. 1961
CH. 64
local authorities can now regulate by building byelaws), and local
authorities shall no longer have power to make building byelaws.
Regulations under this section shall be known as building
regulations.
(2) Any provision contained in building regulations may be
made so as to apply generally, or in an area specified in the regu-
lations, and the regulations may make different provision for
different areas.
(3) It shall be the function of every local authority to enforce
building regulations in their district.
(4) Local authorities shall, in relation to building regulations,
have all such functions under sections sixty-four and sixty-five
of the Public Health Act, 1936 (which confer power to pass plans,
and to enforce building byelaws), as they have in relation to
building byelaws ; and building regulations shall provide in
appropriate cases for the deposit of plans with local authorities,
and for the giving of notices to local authorities.
(5) Building regulations may include such supplemental and
incidental provisions as appear to the Minister to be expedient.
(6) If a person contravenes or fails to comply with any pro-
vision contained in building regulations he shall be liable to a
fine not exceeding one hundred pounds and to a further fine
not exceeding ten pounds for each day on which the default con-
tinues after he is convicted.
(7) The power of making building regulations shall be exercis-
able by statutory instrument which shall be subject to annulment
in pursuance of a resolution of either House of Parliament.
5. (1) Subject to the provisions of this section, for any
reference--
(a) to building byelaws as defined in section three hundred
and forty-three of the Public Health Act, 1936, or
(b) to byelaws made under Part 11 of that Act with respect
to buildings, works and fittings,
which occurs in that Act or in any other Act, or in any instru-
ment having effect under any Act, there shall be substituted a
reference to building regulations.
(2) Subsection (I) of this section shall not apply to the define-
tion of building byelaws in section one hundred and eighty-
nine of the Housing Act, 1957, but in subsection (4) of section
twelve, subsection (2) of section twenty-nine and subsection (2)
of section fifty-nine of that Act references to building byelaws
shall include references to building regulations.
(3) References to building regulations shall be included in
any references to byelaws in any of the following enactments.
that is to say ---
Building Regulations 1965 (Part)
SCHEDULE 2
GIVING OF NOTICES AND DEPOSIT OF PLANS
Regulation A9
General
Rule A. The following provisions shall be observed in relation to the giving of any notices and the deposit of any plans, sections, specifications
and particulars referred to in the other rules of this schedule :
1. Notices and other particulars shall be in writing.
2. Drawings shall be executed or reproduced in a clear and intelligible manner with suitable and durable materials. Plans and sections shall be to a scale of not less than 1 inch to every 8 feet or, if the building is so extensive as to render a smaller scale necessary, not less than 1 inch to every 16 feet ; block plans shall be to a scale of not less than l / 250 ; and key plans shall be to a scale of not less than 1/2500. The scale shall be indicated on all plans, sections and other drawings and the north point on all block plans and key plans.
3. Every notice, drawing or other document shall be signed by the person required to furnish it to the local authority or by his duly-authorised agent, and if it is signed by such agent it shall state the name and address of the person on whose behalf it has been furnished.
4. Every such document, together with a duplicate thereof, shall be sent or delivered to the offices of the local authority.
Rule B. The following are the notices to be given and the plans, specifications and particulars to be deposited by a person intending to erect a building which is neither wholly nor partially exempted within the meaning of regulation A4:
1. Notice of intention to erect a building not wholly or partially exempted from the operation of these regulations.
2. Particulars, so far as necessary to show whether the building complies with all such requirements of these regulations as apply to it, of-
(a) the intended use of the building ; and
(b) the materials of which the building will be constructed; and
(c) the mode of drainage; and
(d) the means of water supply.
3. A block plan showing-
(a) the size and position of the building and its relationship to adjoining buildings ; and
(b) the width and position of every street adjoining the premises; and
(c) the boundaries of the premises and the size and position of every other building and of every garden, yard and other open space within such boundaries.
4. A key plan showing the position of the site when it is not sufficiently identifiable from the block plan.
5. A plan of every floor and roof of the building and a section of every storey of the building, upon which shall be shown (where not already shown on the
particulars and plans required by Items 2 to 4), so far as necessary to enable the local authority to determine whether the building complies with these
regulations-
(a) the levels of the site of the building, of the lowest floor of! the building and of any street adjoining the premises, in relation to one another and
above some known datum ; and
(b) the position of the damp-proof courses and any other barriers to moisture ; and
(c) the position, form and dimensions of the foundations, walls, windows, floors, roofs, chimneys and several parts of the building ; and
(d) the intended use of every room in the building ; and
103
44/33439 D4
(e) the provision made in the structure for protection against fire and for insulation against the transmission of heat and sound.
Rule C. The following are the notices to be given and the plans, sections, specifications and particulars to be deposited by a person intending to erect---
(a) (where the proposals relate to operations to which the requirements of Part L apply) a building in Classes 1, 2 or 3 in Schedule 1 ; or
(b) a building in Classes 4, 5 or 6 in that Schedule:
1. Notice of intention to erect a building partially exempted from the operation of these regulations.
2. Particulars, so far as necessary to show whether the building falls within the relevant Class of exemption in Schedule 1 and complies with
all such requirements of these regulations as apply to it, of---
(a) the intended use of the building ; and
(b) the materials of which it will be constructed ; and
(c) the mode of drainage.
3. A block plan showing the size and position of the building and its relationship to adjoining buildings and indicating its distance from the boundaries
of the premises.
4. A key plan showing the position of the site when it is not sufficiently identifiable from the block plan.
5. Plans and sections of the building upon which shall be shown, so far as necessary to enable a local authority to determine whether the building
complies with these regulations, the position, form and dimensions of the several parts of the building.
Alterations and extensions
Rule D. The following are the notices to be given and the plans, sections, specifications and particulars to be deposited by a person intending to make any alteration of or extension to a building:
1. Notice of intention to alter or extend a building.
2. In the case of alterations not involving any extension of a building---
(a) the plans and sections required by Item 5 of either Rule B or Rule C of this schedule (whichever is appropriate) of the alterations and of the building so far as a8ected by the alterations, so far as necessary to establish whether the proposals comply with these regulations ; and
(b) a key plan showing the position of the site when it is not sufficiently identifiable from such plans.
3. In the case of an extension of a building---
(a) the plans, sections, specifications and particulars referred to in Items 2, 3, 4 and 5 of either Rule B or Rule C of this schedule (whichever is appropriate) in relation to the extension as if the extension were the building therein referred to ; and
(b) the plans and sections as required by Item 5 of Rule B or Rule C of this schedule (whichever is appropriate) of the building so far as affected by the extension
so far as necessary to enable the local authority to determine whether the proposals comply with the requirements of these regulations.
Rule E. Where a duly authorised officer of the local authority considers it to be necessary for the purposes of examining any proposals submitted in accordance with Rules B, C, D or G of this schedule, he may require the deposit of any of the following drawings and particulars in addition to plans, sections, specifications and particulars required by such rule:
1. A specification of any particular material or materials proposed to be used.
2. The proportions of the materials in any concrete or mortar or the specified minimum strength of the concrete or mortar.
104
3. Calculations of loading and strength except where reliance is placed on regulations D7, D14(b), D15(b), D16 or 17.
4. Drawings showing details of particular construction.
5. Calculations relating to the permitted limit of unprotected areas in any side of the building in accordance with regulation E7.
6. Drawings showing the dimensions of space adjoining the windows of habitable rooms.
Rule F. The following are the notices to be given and the plans, sections, specifications and written particulars to be deposited by a person intending to execute any works or install any fittings to which regulation A7 relates, other than---
(a) fittings (except a Class II gas appliance or a high-rating appliance ae defined in regulation L1) intended to be installed by way of replacement of existing fittings of the same nature where no structural work is involved ; or
(b) the installation in a building of a Class II gas appliance as defined in regulation L1 (whether anew or by way of replacement), if such appliance is installed by, or under the supervision of, an Area Board established under the provisions of the Gas Act 1948 and no structural work is involved:
1. Notice of intention to execute works or install fittings in connection with a building.
2. Particulars of the works or fittings so far as necessary to establish whether they comply with all such requirements of these regulations as apply to them.
3. Where it is proposed to execute works of drainage or to construct or install a watercloset fitting, urinal fitting, earthcloset, cesspool (including a settlement tank, septic tank or other tank for the reception or disposal of foul matter from buildings) or well, a block plan. Such plan shall, if the execution of works or installation of fittings is in connection with operations to which Rules B, C or D of this Schedule relate, be the block plan required by such Rule and the block plan shall in any case show, so far as necessary to establish whether the proposals comply with all such requirements of these regulations as apply to them---
(a) the position of the works or fittings ; and
(b) the lines of drainage ; the size, depth and inclination of every drain and the means of access to be provided for the inspection and cleansing of the drains ; and
(c) the position and level of the outfall of the drains ; and
(d) where the drainage is intended to be connected to a sewer, the position of the sewer.
4. Where it is proposed to construct or install a watercloset fitting, urinal fitting, earthcloset, cesspool (including a settlement tank, septic tank or other tank for the reception or disposal of foul matter from buildings), well, water tank or cistern for the storage of rainwater for human consumption, plans and sections of the works or fittings, so far as necessary to show that they comply with all such requirements of these regulations as apply to them.
5. A key plan showing the position of the site when it is not sufficiently identifiable from the block plan.
Rule G. The following are the notices to be given and the plans, specifications and particulars to be deposited by a person intending to make any change of use to which these regulations are applied by regulation A8, in addition to anything required by Rule D of this Schedule in a case to which that rule relates:
1. Notice of intention to make, and a description of, any change in the purposes for which the building or part of the building is used.
2. A block plan showing the size and position of the building and its relationship to adjoining buildings.
3. A key plan showing the position of the site when it is not sufficiently identifiable from the block plan.
105
Building Regulations 1976 (Part)
SCHEDULE 3
Regulation A10(1)
Giving of notice and deposit of plans
Rule A: General
The following provisions shall be observed in relation to the giving of any notices and the deposit of any plans, sections, specifications and particulars referred to in the other rules of this schedule:
1. Notices and particulars shall be in writing.
2. Drawings shall be executed or reproduced in a clear and intelligible manner with suitable and durable materials. Plans and sections shall be to a scale of not less than 1:10O or, if the building is so extensive as to render a smaller scale necessary, not less than 1:200; block plans shall be to a scale of not less than 1:1250; and key plans shall be to a scale of not less than 1:2500. The scale shall be indicated on all plans, sections and other drawings and the northpoint on all block plans and key plans.
3. Every notice, drawing or other document shall be signed by the person required to furnish it to the local authority or by his duly authorised agent and, if it is signed by such agent, it shall state the name and address of the person on whose behalf it has been furnished.
4. Every such document, together with a duplicate thereof, shall be sent or delivered to the offices of the local authority.
Rule B: Erection of buildings (other than partially exempted buildings)
The notice to be given and the plans, specifications and particulars to be deposited by a person intending to erect a building which is neither wholly exempted nor partially exempted within the meaning of regulation A5(2) are as follows:
1. Notice of intention to erect a building not wholly or partially exempted from the operation of these regulations.
2. Particulars, so far as necessary to show whether the building complies with all such requirements of these regulations as apply to it, of---
(a) the intended use of the building;
(b) the materials of which the building will be constructed;
(c) the mode of drainage; and
(d) the means of water supply.
3. A block plan showing---
(a) the size and position of the building and its relationship to adjoining buildings;
(b) the width and position of every street adjoining the premises; and
(c) the boundaries of the premises and the size and position of every other building and of every garden, yard and other open space within such boundaries.
4. A key plan showing the position of the site when it is not sufficiently identifiable from the block plan.
4396
Schedule 3
5. A plan of every floor and roof of the building and a section of every storey of the building upon which shall be shown (where not Already shown on the particulars and plans required by Items 2 to 4), so far as necessary to enable the local authority to determine whether the building complies with these regulations-
(a) the levels of the site of the building, of the lowest floor of the building and of any street adjoining the premises, in relation to one another and
above some known datum ;
(b) the position of the damp-proof courses and any other barriers to moisture;
(c) the position, form and dimensions of the foundations, walls, windows, floors, roofs, chimneys and several parts of the building;
(d) the intended use of every room in the building;
(e) the provision made in the structure for protection against fire;
(f) the provision made in the building or part for means of escape in case of fire and for securing that such means can be safely and effectively used at all material times; and
(g) the provision made in the structure for insulation against the transmission of heat and sound.
Rule C: Erection of partially exempted buildings
The notice to be given and the plans, sections, specifications and particulars to be deposited by a person intending to erect a partially exempted building within the meaning of regulation A5(2) if compliance with the provisions of regulation A10 is required by Part A of Schedule 2 are as follows:
1. Notice of intention to erect a partially exempted building.
2. Particulars, so far as necessary to show whether the building falls within the relevant class of exemption in Schedule 2 and complies with all such requirements of these regulations as apply to it, of---
(a) the intended use of the building;
(b) the materials of which it will be constructed ; and
(c) the mode of drainage.
3. A block plan showing the size and position of the building and its relationship to adjoining buildings and indicating its distance from the boundaries of the premises.
4. A key plan showing the position of the site when it is not sufficiently identifiable from the block plan.
5. Plans and sections of the building showing the particulars required by Item 5(a) to (e) of Rule B, so far as may be necessary to enable a local authority to determine whether the building complies with these regulations.
Rule D: Alterations and extensions
The notice to be given and the plans, sections, specifications and particulars to be deposited by a person intending to make any alteration of or extension to a building are as follows:
1. Notice of intention to alter or extend a building.
2. In the case of alterations not involving any extension of a building---
S.I. 1976/1676 4397
Schedule 3
(a) the plans and sections required by Item 5 of either Rule B or Rule C (whichever is appropriate) of the alterations and of the building so far as affected by the alterations, so far as necessary to establish whether the proposals comply with these regulations; and
(b) a key plan showing the position of the site when it is not sufficiently identifiable from such plans.
3. In the case of an extension of a building---
(a) the plans, sections, specifications and particulars referred to in Items 2, 3, 4 and 5 of either Rule B or Rule C (whichever is appropriate) in relation to the extension as if the extension were the building therein referred to; and
(b) the plans and sections as required by Item 5 of Rule B or Rule C (whichever is appropriate) of the building so far as affected by the extension, so far as necessary to enable the local authority to determine whether the proposals comply with the requirements of these regulations.
Rule E: Additional requirements
Where a duly authorised officer of the local authority considers it to be necessary for the purposes of examining any proposals submitted in accordance with Rule B, C, D or G, he may require the deposit of any of the following drawings and particulars in addition to plans, sections, specifications and particulars required by such rule:
1. A specification of any particular material or materials proposed to be used.
2. The proportions of the materials in any concrete or mortar or the specified minimum strength of the concrete or mortar.
3. Calculations of loading and strength:
Provided that where the dimensions of a structural member accord with the provisions of regulations D7, D12(b), D13(b), D14 or Dl5 as the case may be, calculations of strength to demonstrate the adequacy of those dimensions shall not be required.
4. Drawings showing details of particular construction.
5. Calculations relating to the permitted limit of unprotected areas in any side of the building in accordance with regulation E7.
6. In the case of a building, or part of a building, which falls (in accordance with regulation E2) within purpose group IV or V, particulars affecting the number and width of exits and escape routes.
7. Drawings showing the dimensions of space adjoining the windows of habitable rooms.
Rule F: Works and fittings
The notice to be given and the plans, sections, specifications and particulars to be deposited by a person intending to execute any works or install any fittings to which regulation A8 relates are as follows:
1. Notice of intention to execute works or install fittings in connection with a building.
2. Particulars of the works or fittings so far as necessary to establish whether they comply with all such requirements of these regulations as apply to them.
3. Where it is proposed to execute works of drainage or to construct or install a watercloset fitting, urinal fitting, earthcloset or cesspool (including a settlement tank, septic tank or
4. Drawings showing details of particular construction.
5. Calculations relating to the permitted limit of unprotected areas in any side of the building in accordance with regulation E7.
6. In the case of a building, or part of a building, which falls (in accordance with regulation E2) within purpose group IV or V, particulars affecting the number and width of exits and escape routes.
7. Drawings showing the dimensions of space adjoining the windows of habitable rooms.
Rule F: Works and fittings
The notice to be given and the plans, sections, specifications and particulars to be deposited by a person intending to execute any works or install any fittings to which regulation A8 relates are as follows:
1. Notice of intention to execute works or install fittings in connection with a building.
2. Particulars of the works or fittings so far as necessary to establish whether they comply with all such requirements of these regulations as apply to them.
3. Where it is proposed to execute works of drainage or to construct or install a watercloset fitting, urinal fitting, earthcloset or cesspool (including a settlement tank, septic tank or
4398 BUILDING AND BUILDINGS
Schedule 3
other tank for the reception or disposa1 of foul matter from buildings), a block plan. Such plan shall, if the execution of works or installation of fittings is in connection with an operation to which Rule B, C or D relates, be the block plan required by such Rule and the block plan shall in any case show, so far as necessary to establish whether the proposals comply with all such requirements of these regulations as apply to them ---
(a) the position of the works or fittings;
(b) the lines of drainage; the size, depth and inclination of every drain and the means of access to be provided for the inspection and cleansing of the drains;
(c) the position and level of the outfall of the drains; and
(d) where the drainage is intended to be connected to a sewer, the position of the sewer.
4. Where it is proposed to construct or install a watercloset fitting, urinal fitting, earthcloset or cesspool (including a settlement tank, septic tank or other tank for the reception or disposal of foul matter from buildings), plans and sections of the works or fittings, so far as necessary to show that they comply with all such requirements of these regulations as apply to them.
5. A key plan showing the position of the site when it is not sufficiently identifiable from the the block plan.
Rule G: Material changes of use
The notice to be given and the plans, specifications and particulars to be deposited by a person intending to make any material change of use to which these regulations are applied by regulation A9, in addition to anything required by Rule D in a case to which that rule relates, are as follows:
1. Notice of intention to make, and a description of, any change in the purposes for which the building or part of the building is used.
2. A block plan showing the size and position of the building and its relationship to adjoining buildings.
3. A key plan showing the position of the site when it is not sufficiently identifiable from the block plan.
Building Act 1984
UK Public General Acts
1984 c. 55
PART I
Passing of plans
Section 16
Status: This is the original version (as it was originally enacted).
16 Passing or rejection of plans
- (1) Where plans of any proposed work are, in accordance with building regulations, deposited with a local authority, it is the duty of the local authority, subject to any other section of this Act that expressly requires or authorises them in certain
cases to reject plans, to pass the plans unless ---
- (a) they are defective, or
- (b) they show that the proposed work they would contravene any of the building regulations.
- (2) If the plans ---
- (a) are defective, or
- (b) show that the proposed work would contravene any of the building regulations,
the local authority may ---
- (i) reject the plans, or
- (ii) subject to subsection (4) below, pass them subject to either or
both of the conditions set out in subsection (3)
below.
(3) The conditions mentioned in subsection (2) above are ---
- (a) that such modifications as the local authority may specify shall be made in the deposited plans, and
- (b) that such further plans as they may specify shall be deposited.
(4) A local authority may only pass plans subject to a condition such as is specified in
subsection (3) above if the person by whom or on whose behalf they were deposited ---
- (a) has requested them to do so, or
- (b) has consented to their doing so
(5) A request or consent under subsection (4) above shall be in writing.
(6) The authority shall within the relevant period from the deposit of the plans give notice to the person by whom or on whose behalf they were deposited whether they have been passed or rejected.
(7) A notice that plans have been rejected shall specify the defects on account of which, or the regulation or section of this Act for non-conformity with which, or under the authority of which, they have been rejected.
(8) A notice that plans have been passed shall ---
- (a) specify any condition subject to which they have been passed, and
- (b) state that the passing of the plans operates as an approval of them only for the purposes of the requirements of---
- (i) the building regulations, and
- (ii) any section of this Act (other than this section) that expressly requires or authorises the local authority in certain cases to reject plans.
(9) Where the deposited plans are accompanied by---
- (a) a certificate given by a person approved for the purposes of this subsection to the effect that the proposed work, if carried out in accordance with the deposited plans, will comply with such provisions of the regulations prescribed for the purposes of this subsection as may be specified in the certificate, and
- (b) such evidence as may be prescribed that an approved scheme applies, or the prescribed insurance cover has been or will be provided, in relation to the certificate,
the local authority may not, except in prescribed circumstances, reject the plans on the ground that---
- (i) they are defective with respect to any provisions of the building regulations that are so specified, or
- (ii) they show that the proposed work would contravene any of those provisions.
(10) In any case where a question arises under this section between a local authority and a person who proposes to carry out any work ---
- (a) whether plans of the proposed work are in conformity with building regulations, or
- (b) whether the local authority are prohibited from rejecting plans of the proposed work by virtue of subsection (9) above,
that person may refer the question to the Secretary of State for his determination ; and an application for a reference under this subsection shall be accompanied by such fee as may be prescribed.
(11) Where ---
- (a) deposited plans accompanied by such a certificate and such evidence as are mentioned in subsection (9) above are passed by the local authority, or
- (b) notice of the rejection of deposited plans so accompanied is not given within the relevant period from the deposit of the plans, the authority may not institute proceedings under section 35 below for a contravention of building regulations that ---
- (i) arises out of the carrying out of the proposed work in accordance with the plans, and
- (ii) is a contravention of any of the provisions of the regulations specified in the certificate.
- (12) For the purposes of this Part of this Act, " the relevant period ", in relation to the passing or rejection of plans, means five weeks or such extended period (expiring not later than two months from the deposit of the plans) as may before the expiration of the five weeks be agreed in writing between the person depositing the plans and the local authority.
