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1 _______________________

The Building Act 1984

The Building Act 1984 applies in England and Wales and is the United Kingdom statute under which the Building Regulations have been made.

1.1  What is the Building Act 1984?

The Building Act 1984 is the mechanism by which the Secretary of State ensures that the health, welfare and convenience of persons living in or working in or near buildings is secured.

The primary purpose of the Building Act 1984 is to assist in the conservation of fuel and power, to prevent waste, undue consumption, misuse or contamination of water, and to ensure that those who are in or near buildings are kept safe. The Building Act 1984 imposes a set of requirements on owners and occupiers of buildings which cover their design and construction, and the provision of services, fittings and equipment that is used in (or in connection with) buildings. These involve:

1.1.1  What about the rest of the United Kingdom?

The Building Act 1984 only applies to England and Wales. Separate Acts and Regulations apply in Scotland and Northern Ireland; these are shown in Table 1.1.

Scotland

In Scotland, the requirements for buildings are controlled by the Building (Scotland) Act 2003 and the Building (Scotland) Regulations 2004. The methods for implementing these requirements are similar to those for England and Wales; however, the guidance documents for achieving compliance are contained in two Technical Handbooks (2017), one for domestic work and one for non-domestic work. The main procedural difference between the Scottish system and that elsewhere in the UK is that a building warrant is required before work can start in Scotland.

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Northern Ireland

In Northern Ireland, the primary legislation for buildings are the Building Regulations (Northern Ireland) Order 1979 under which are the Building Regulations (Northern Ireland) 2012. The Principal Regulations comprise 15 parts and are supported by Technical Booklets which are used to ensure that the requirements are implemented.

Wales

The changes to the Approved Documents which come into effect in England have to be ratified by the Welsh Assembly. Therefore, occasionally earlier versions of the Approved Documents still apply in Wales until the Assembly catches up with English changes.

1.2  What does the Building Act 1984 contain?

The Building Act 1984 is made up of five parts:

These parts are broken down into a number of sections and sub-sections, as shown in Appendix 1A at the end of this chapter. Table 1.2 provides a summary of the titles of the sections of Building Regulations that are apply in the United Kingdom.

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1.3  What are the Supplementary Regulations?

The Supplementary Regulations make up Part 5 of the Building Act. They comprise seven schedules that list the principal areas requiring regulation and show how the Building Regulations are to be controlled by Local Authorities. These schedules are:

The details of what is contained within each schedule are shown in alphabetical order in Appendix 1A at the end of this chapter. Each area is also discussed on the following pages.

1.4  What are Approved Documents? (Building Act 1984 Section 6)

Approved Documents are a series of documents made available by the Secretary of State which are intended to provide practical guidance with respect to the requirements of the Building Regulations. More details about Approved Documents are contained in Chapter 3 of this book and on www.gov.uk.

1.5  How are buildings classified? (Building Act 1984 Section 34)

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For the purpose of the Building Act, the six normal classifications for buildings are by:

or ‘any other characteristic whatsoever’.

1.6  Who polices the Building Act?

Under the terms of the Building Act 1984, Local Authorities are responsible for ensuring that any building work taking place in their area conforms to the requirements of the associated Building Regulations. Local Authorities have the authority to:

Local Authorities can, in certain circumstances, even take you to court and have you fined – especially if you fail to complete the removal or rebuilding of the nonconforming work.

You can be prosecuted or ordered to carry out remedial work on a property, whether you are the owner or merely the occupier.

1.7  How is my building work evaluated for conformance with the Building Regulations? (Building Act 1984 Section 33)

Part of a Local Authority’s duty is to make regular checks on all building work being completed in the area. These checks ensure work is in conformance with the approved plan (as submitted in accordance with Chapter 4 and 5) and the Building Regulations. The checks would normally be completed at certain stages of the work (e.g. the excavation of foundations), and will include tests of:

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The cost of carrying out these tests will normally be charged to the owner or occupier of the building!

The Local Authority also has the power to ask the person responsible for the building work to complete some of these tests on its behalf.

1.8  What are the duties of the Local Authority? (Building Act 1984 Section 91)

It is the duty of Local Authorities to ensure that the requirements of the Building Act 1984 are carried out and that the appropriate associated Building Regulations are enforced, subject to:

Limitations are placed on a Local Authority’s ability to enforce Building Regulations for work on buildings which are owned by exempt bodies (e.g. Crown buildings), work that is subject to an Initial Notice or work relating to a Plans Certificate which was issued or accepted before an Initial Notice ceased to be in force.

1.8.1  What document controls must Local Authorities have in place? (Building Act 1984 Sections 92 and 93)

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The Secretary of State mandates all notices, applications, orders, consents, demands and other documents that are required by this Act by a Local Authority or an officer from a Local Authority.

All documents that a Local Authority provides under the Building Act 1984 must be correctly authenticated and signed by:

If a document bears the signature of an officer of the Local Authority, it is deemed to have been issued by that Authority. These days, a ‘signature’ is taken to include electronic signatures and similar methods of signing.

1.8.2  How do Local Authorities ‘serve’ notices and documents? (Building Act 1984 Section 94)

Notices, orders, consents, demands or other documents which are authorized or required by the Building Act 1984 may be given or served to a person in the following ways:

1.9  What are the powers of the Local Authority? (Building Act 1984 Sections 97–101)

The Local Authority has the following powers under the Building Act 1984:

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This does not apply to any refuse that is, or has been, removed by the Local Authority.

1.9.1  Has the Local Authority any power to enter premises? (Building Act 1984 Section 95)

An authorized officer of a Local Authority has a right to enter any premises, at all ‘reasonable hours’, for the following reasons:

If the premises are not a factory or workplace the Local Authority must give 24 hours’ notice of its intention to enter the property.

If the Local Authority have reasonable grounds to enter a property and is refused admission to any premises (or if the premises are unoccupied) then the Local Authority can apply to a justice of the peace for a warrant authorizing entry. They must leave the premises as secure as they found it.

1.10  Who are Approved Inspectors? (Building Act 1984 Section 49)

An Approved Inspector is a person who is approved or designated by the Secretary of State to inspect, supervise and authorize building work. You can get a list of local Approved Inspectors from your Local Authority. The Construction Industry Council maintains and operates the Register of Approved Inspectors which can be obtained online from www.approvedinspectors.org.uk/member-directory. An Approved Inspector may delegate some or part of their work.

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If an Approved Inspector gives a notice or certificate that falsely claims to comply with the Building Regulations and/or the Building Act, then they are liable to prosecution.

Authors’ note: If you engage an Approved Inspector, make sure you know how much it will cost you as they will obviously charge a fee!

1.10.1  What happens when an Initial Notice is presented by an Approved Inspector? (Building Act 1984 Section 47)

An Approved Inspector and the person intending to carry out the work will have to present an Initial Notice and plan of work to the Local Authority. Once accepted, the Approved Inspector is authorized to inspect and supervise all work being completed and to provide the relevant certificates and notices. Acceptance of an Initial Notice by a Local Authority is treated as ‘depositing plans of work’.

Under Section 47 of the Building Act, the Local Authority is required to accept all certificates and notices, unless the Initial Notice and plans contravene a local ruling. Whilst the Initial Notice continues to be in force, the Local Authority is not allowed to give a notice in relation to any of the work being carried out or to take any action for a contravention of Building Regulations.

If the Local Authority rejects the Initial Notice for any reason, then the Approved Inspector can appeal to a magistrate’s court for a ruling. If still dissatisfied, they can appeal to the Crown Court.

1.10.1.1  Cancellation of the Initial Notice (Building Act 1984 Sections 52 and 53)

If an Approved Inspector is unable to carry out or complete their functions, or believes that there is a contravention of the Building Regulations, they can cancel the Initial Notice lodged with the Local Authority.

Equally, if the person carrying out the work has good reason to consider that the Approved Inspector is unable (or unwilling) to carry out their functions, then that person can cancel the Initial Notice given to the Local Authority. In this instance, if the person fails to cancel the Initial Notice with the Local Authority, they are liable, on summary conviction, to be fined.

Any cancellation of an Initial Notice is effective from the date on which the notice is given. The fact that the Initial Notice has ceased to be in force does not affect the right of an Approved Inspector to give a new Initial Notice relating to any of the work that was previously specified in the original notice.

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If the Local Authority believes that work has not commenced within three years of the date on which it accepted an Initial Notice, it may cancel the notice.

1.10.2  What are Plans Certificates? (Building Act 1984 Section 50)

A Plans Certificate is issued to the Local Authority by an Approved Inspector when they have inspected a site and are satisfied that the plans of work specified in the Initial Notice do not contravene the Building Regulations in any way. This Plans Certificate:

1.10.3  What are Final Certificates? (Building Act 1984 Section 51)

Once the Approved Inspector is satisfied that all work has been completed in accordance with the work specified in the Initial Notice, they will provide a Final Certificate to the Local Authority and the person who carried out the work. This certificate will detail their acceptance of the work and, once acknowledged by the Local Authority, the Approved Inspector’s job will have been completed and (from the point of view of Local Authority) they will have been considered ‘to have discharged their duties’.

If work has not commenced within three years, the Local Authority can cancel the Initial Notice.

1.10.4  Who retains all these records? (Building Act 1984 Section 56)

Local Authorities are required to keep a register of all Initial Notices, Amendment Notices, Public Body’s Notices and Certificates (including Plans Certificates, Final Certificates and Public Body’s Final Certificates) which have been given by to them. The information retained includes information relating to the insurance cover provided in relation to the work to be carried out. The Local Authority is required to make this register available for public inspection during normal working hours.

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Copies of these records are now available on most Local Authority websites.

1.10.5  Can public bodies supervise their own work? (Building Act 1984 Sections 54)

If a public body (e.g. a Local Authority or county council) is of the opinion that building work that is to be completed on one of its own buildings can be adequately supervised by one of its employees and/or agents, then they can provide the Local Authority with a notice (referred to as a ‘Public Body’s Notice’) together with their plan of work.

Once accepted by the Local Authority, the public body is authorized to inspect and supervise all work being completed and to provide certificates and notices. Acceptance by a Local Authority of a Public Body’s Notice is treated as ‘depositing plans of work’.

If the Local Authority rejects the Public Body’s Notice for any reason, then the public body can appeal to a magistrates’ court for a ruling. If still dissatisfied, they can appeal to the Crown Court.

1.11  Can I appeal against a Local Authority’s ruling? (Building Act 1984 Sections 36, 39, 40, 41, 42, 55, 81, 83, 86, 102 and 103)

You may appeal against a Local Authority’s ruling in the following circumstances:

You may appeal against the Local Authority’s decision at a magistrates’ court in the area where the work is to be carried out. If your appeal is unsuccessful you may appeal to the Crown Court. Where the Secretary of State has given a ruling, this ruling may, in certain circumstances, be appealed at the High Court on a point of law.

There are many conditions which relate to the appeals procedures. These include strict timescales which must be adhered to and grounds on which you may or may not appeal. It is recommended that you study the relevant sections of the Act listed above for further guidance and seek professional advice before embarking on what could be a costly legal case.

1.11.1  What about compensation? (Building Act 1984 Sections 106, 107 and 108)

If an owner or occupier considers they have sustained damage because of something that the Local Authority has done, they can appeal (in the first case) to the local magistrates’ court. If, on appeal, the magistrates rule against the Local Authority, then the owner or occupier of the building concerned is entitled to compensation from the Local Authority (any compensation over £50 is subject to arbitration). If, on the other hand, the magistrates rule in favour of the Local Authority, then the Local Authority is entitled to recover any expenses and interest incurred. In this case the monies can be paid in instalments over a period of up to 30 years.

Be sure of your facts before you ask a magistrates’ court for a ruling!

1.12  Are there any exemptions from Building Regulations? (Building Act 1984 Sections 3, 4 and 5)

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The following are exempt from the Building Regulations:

1.12.1  What about Crown Buildings? (Building Act 1984 Sections 44 and 87)

Although the majority of the requirements of the Building Regulations are applicable to Crown buildings (i.e. a building in which there is a Crown or Duchy of Lancaster or Duchy of Cornwall interest) or government buildings (held in trust for the monarch) there are occasional deviations. You should seek the advice of the Treasury before submitting plans for work on a Crown building.

1.12.2  What about buildings in Inner London? (Building Act 1984 Sections 44, 46 and 88)

You will find that the majority of the requirements found in the Building Regulations are also applicable to buildings in inner London boroughs (i.e. Inner Temple and Middle Temple). There are, however, some important deviations for buildings in inner London, which are contained in Schedule 3 of Part 5 and reproduced in Appendix 1B. You should seek the advice of the Local Authority concerned before submitting plans relating to inner London.

1.12.3  What about the United Kingdom Atomic Energy Authority? (Building Act 1984 Section 45)

The Building Regulations do not apply to buildings belonging to or occupied by the United Kingdom Atomic Energy Authority (UKAEA), unless they are dwellings or offices.

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1.13  Can I apply for a relaxation in certain circumstances? (Building Act 1984 Sections 8–11 and 39)

The Building Act allows the Local Authority to dispense with, or relax, a Building Regulation if its believes that that requirement is unreasonable in relation to the type of work being carried out. In the majority of cases, applications to dispense with or relax Building Regulations can be settled locally. In more complicated cases the Local Authority can seek guidance from the Secretary of State, who will give a direction as to whether the requirement may be relaxed or dispensed with (either unconditionally or subject to certain conditions).

The Local Authority may charge a fee for reviewing and deciding on these matters.

If a question arises between the Local Authority and the person who has executed (or proposes to execute) any work regarding:

then the question can be referred to the Secretary of State for determination. In these cases, the Secretary of State’s decision will be deemed final.

The proposal to relax Building Regulations must be published in a newspaper circulating in the area of the site of the work, not less than 21 days before work commences. If the Local Authority refuses an application for relaxation, the applicant can appeal to the Secretary of State.

Authors’ note: Schedule 2 of the Building Act 1984 provides guidance and rules for the application of Building Regulations to work that has been carried out prior to the Local Authority (under the Building Act 1984 Section 36) dispensing with, or relaxing, some of the requirements contained in the Building Regulations. This schedule is quite difficult to understand and, if it affects you, you are strongly advised to discuss it with the Local Authority before proceeding any further.

1.14  What is Type Approval? (Building Act 1984 Sections 12 and 13)

Type Approval is where the Secretary of State is empowered to approve a particular type of building matter as complying, either generally or specifically, with a particular requirement of the Building Regulations. This power of approval is normally delegated by the Secretary of State to the local council or other nominated public body. With Type Approval a developer can arrange to have standard house designs examined for compliance with the Building Regulations just once and, under the procedures of the scheme, this approval is accepted by all other Local Authorities in England and Wales without any further checking.

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1.15  What causes some plans for building work to be rejected? (Building Act 1984 Sections 16 and 17)

If a plan for proposed building work is accompanied by a certificate from a person(s) approved by the Secretary of State, then only in extreme circumstances can the Local Authority reject the plans.

In all cases, the Local Authority will advise the person putting forward the plans why they have been rejected (giving details of the relevant regulation or section) and, where possible, indicate what amendments and/or modifications will have to be made in order to get them approved. This will be provided within two months of the plans being submitted. The person who initially put forward the plans is then responsible for making amendments and alterations, and resubmitting them for approval.

The Local Authority will reject all plans for building work that are defective or if they contravene any of the Building Regulations.

1.16  Must I complete the approved work in a certain time? (Building Act 1984 Section 32)

Once a building plan has been passed by the Local Authority, then ‘work must commence’ within three years from the date that it was approved. Failure to start work within this time could result in the Local Authority cancelling the approved plans and they will have to be submitted in order to continue thw project. If the Local Authority advises that the deposit of plans is of ‘no effect’, it is as if the plans had never been deposited.

Note: The meaning of the phrase ‘work must commence’ can vary, but normally it means physically laying foundations of the building. However, in some cases it could mean that more work has to be completed and so it is always best to check with the Local Authority for clarification when your plans are first approved.

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1.17  What happens if I contravene any of these requirements? (Building Act 1984 Sections 2, 7, 35, 36 and 112)

If you contravene the Building Regulations or wilfully obstruct a person acting ‘in the execution of the Building Act 1984 or of its associated Building Regulations’, then on conviction you could be liable to a fine of up to £5000 (plus £50 every day afterwards until the matter is rectified) and the fine may include the recovery of costs. In exceptional circumstances contravention of the regulations can lead to a short imprisonment.

You can be made to take down or alter any offending work and anyone who obstructs the execution of the Act can be fined up to £200.

1.18  What about civil liability? (Building Act 1984 Section 38)

It is an aim of the Building Act 1984 that all building work is completed safely and without risk to people employed on the site or visiting the site. Any contravention of the Building Regulations that causes injury or death to any person is liable to prosecution in the normal way.

1.19  What is the Building Regulations Advisory Committee? (Building Act 1984 Section 14)

The Building Act allows the Secretary of State to appoint a committee (known as the Building Regulations Advisory Committee) to review, amend, improve and produce new Building Regulations and the associated documentation.

1.20  Does the Fire Authority have any say in Building Regulations? (Building Act 1984 Section 15)

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When a requirement ‘encroaches’ on something that is normally handled by the Fire Authority, such as the provision of means of escape and structural fire precautions, the Local Authority must consult the Fire Authority before making any decision.

Note: Following the Grenfell Tower blaze the UK government launched an independent review of building regulations it is expected that there will be changes in this area in due course.

1.21  Can I change a plan of work once it has been approved? (Building Act 1984 Section 31)

It is possible for the person intending to carry out building work to change their plans even if they have been passed by the Local Authority. In this case, the person will have to submit a set of revised plans to the Local Authority, showing precisely how they plan to deviate from the approved plan and ask for their approval. If the deviation or change is a small one this can usually be achieved by talking to the local planning officer, but if it is a major change it could result in the resubmission of a complete plan of the revised building work.

1.22  What about dangerous buildings? (Building Act 1984 Sections 77 and 78)

The Local Authority can make an order restricting the use of a dangerous building until a magistrates’ court is satisfied that all necessary works have been completed.

If a building, or part of a building or structure, is in a dangerous condition (or is used to carry loads which would make it dangerous) then the Local Authority may apply to a magistrates’ court to make an order requiring the owner to:

If the actual ownership is not clear then the Authority may carry out the work.

Before the Local Authority exercises its powers the owner must be informed.

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1.22.1  Emergency measures

In emergencies, the Local Authority can make the owner take immediate action to remove the danger or it can complete the necessary action itself. In these cases, the Local Authority is entitled to recover from the owner such expenses reasonably incurred by it, for example:

1.22.2  Can I demolish a dangerous building? (Building Act 1984 Section 80)

Be very careful as penalties can be very severe for demolishing something illegally!

You must have good reasons for knocking down a building. Making way for rebuilding or improvement will in most cases be incorporated in a planning application. You are not allowed to begin any demolition work (even on a dangerous building) unless you have given the Local Authority notice of your intention and this has either been acknowledged by the Local Authority or the relevant notification period has expired. In this notice you will have to:

Copies of this notice will have to be sent to:

Note: This regulation does not apply to the demolition of an internal part of an occupied building, nor a greenhouse, conservatory, shed or prefabricated garage (that forms part of that building) or an agricultural building.

1.22.3  Can I be made to demolish a dangerous building? (Building Act 1984 Sections 81, 82 and 83)

If the Local Authority considers that a building is so dangerous that it should be demolished, it is entitled to issue a notice to the owner requiring them (in accordance with the Housing Act 1985) to arrange with the relevant statutory undertakers for the disconnection of gas, electricity and water supplies to the building, and to:

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Before complying with this notice, the owner must give the Local Authority 48 hours’ notice of commencement of the work. Otherwise the owner can be fined up to £2500.

Note: In certain circumstances, the owner of an adjacent building may be liable to assist in the cost of shoring up their part of the building and waterproofing the surfaces. It could be worthwhile checking this point with the Local Authority!

1.23  What about defective buildings? (Building Act 1984 Sections 76, 79 and 80)

If a building or structure is, because of its ruinous or dilapidated condition, liable to cause damage to (or be a nuisance to) the amenities of the neighbourhood, then the Local Authority can require the owner to:

If, however, the building or structure is in a defective state and remedial action (envisaged under Section 93 of the Environmental Protection Act 1990) would cause an unreasonable delay, then the Local Authority can serve an abatement notice stating that within nine days it intends to complete such works as it deems necessary to remedy the defective state. The Local Authority can recover the expenses incurred from the person on whom the notice was sent.

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If appropriate, the owner has seven days after the Local Authority’s notice has been served, to serve a counter-notice stating that they intend to remedy the defects specified in the Local Authority’s notice themselves.

Note: A Local Authority is not entitled to serve a notice, or commence any work in accordance with a notice that it has served, if the execution of the works would (to its knowledge) be in contravention of a building preservation order that has been made under Section 29 of the Town and Country Planning Act.

1.24  What are the rights of the owner or occupier of the premises? (Building Act 1984 Sections 102–107)

When a person has been given a notice by a Local Authority to complete work, they have the right to appeal to a magistrates’ court on any of the following grounds. That:

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Appendix 1A: Contents of the Building Act 1984

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Appendix 1B: Contents of the Schedules forming Part 5 of the Building Act 1984

What does Schedule 1 of the Building Act 1984 contain?

Building Regulations also apply to alterations and extensions being completed on buildings erected before the date on which the regulations came into force.

Schedule 1 of Part 5 of the Building Act 1984 gives details of how the generic requirements of the Building Act are to be met.

Compliance with Building Regulations is required for all:

Schedule 1 of the Building Act 1984 shows, in general terms, how the Building Regulations are to be administered by Local Authorities, the approved methods of construction and the approved types of materials that are to be used in (or in connection with) buildings.

How are the Building Regulations controlled?

To assist Local Authorities, Section 1 shows:

What are the requirements of the Building Regulations?

Schedule 1 describes the mandatory requirements for completing all building work. These include:

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plus

What is Schedule 2 of the Building Act 1984?

This Schedule provides guidance in connection with work that has been carried out prior to a Local Authority (under the Building Act 1984 Section 36) dispensing with or relaxing some of the requirements contained in the Building Regulations. Schedule 2 is quite difficult to understand and if it affects you, then I would strongly advise that you discuss it with the Local Authority before proceeding any further.

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What is Schedule 3 of the Building Act 1984?

Schedule 3 applies to how Building Regulations are to be used in inner London. As well as ruling which sections of the Act may be omitted, this schedule also provides details of how by-laws concerning the demolition of buildings in inner London may be made.

What sections of the Building Act 1984 are not applied to inner London?

In inner London, because of its existing and changed circumstances (compared to other cities in England and Wales), certain sections of the Building Act are inappropriate (these are listed in Tables 1.3 and 1.4). In this case additional requirements, which are applicable to inner London only, have been approved instead. These primarily cover the demolition of buildings.

What about inner London’s by-laws?

By authority of the Building Act 1984, the council of any inner London borough may make by-laws in relation to the demolition of buildings in the borough. These require:

What is Schedule 4 of the Building Act 1984?

Schedule 4 of the Building Act 1984 concerns the authority and ruling of Public Body’s Notices and Certificates.

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What is a Public Body’s Plans Certificate?

When a public body is satisfied that the work specified in its (as well as another) Public Bodies’ Notices has been completed as detailed (and in full accordance with the Building Regulations) then that public body will give the Local Authority a certificate of completion.

This certificate is called a Public Body’s Plans Certificate and can relate either to the whole or to part of the work specified in the Public Body’s Notice. Acceptance by the Local Authority signifies satisfactory completion of the planned work and the Public Body’s Notice ceases to apply to that work.

What is a Public Body’s Final Certificate?

When a public body is satisfied that all work specified in its (or another’s) Public Body’s Notice has been completed in compliance with the Building Regulations, then that public body will give the Local Authority a certificate of completion. This is referred to as a Final Certificate.

How long is the duration of a Public Body’s Notice?

A Public Body’s Notice comes into force when it is accepted by the Local Authority and continues in force until the expiry of an agreed period of time.

Note: Local Authorities are authorized by the Building Regulations to extend the notice in certain circumstances.

What is Schedule 5 of the Building Act 1984?

Schedule 5 of Part 5 lists the transitional effect of the Building Act 1984 on the following Acts:

What is Schedule 6 of the Building Act 1984?

Schedule 6 lists the consequential amendments that will have to be made to existing Acts of Parliament owing to the acceptance of the Building Act 1984. These amendments concern:

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What is Schedule 7 of the Building Act 1984?

Schedule 7 lists the cancellation (repeal) of some sections of existing Acts of Parliament, owing to acceptance of the Building Act 1984. These cancellations concern:

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