Jurisdiction: England & Wales
Commencement: 6th August 2024
Amends: Building Act 1984
This Building Act 1984 allows the Secretary of State to make regulations in order to:
- secure the health, safety, welfare and convenience of people in or about buildings, and of people who may be affected by buildings;
- stimulate the conservation of fuel and power; and
- prevent waste, over-consumption, misuse or contamination of water.
The Building Act 1984 also imposes a duty on local authorities to enforce the building regulations in their areas as well as a right of entry into buildings. It also provides for prosecution and enforcement proceedings against the perpetrators and owners of defective buildings and building work.
Local authority powers in relation to dangerous structures and demolitions are also included in the Act.
The Building Act 2022 (“2022 Act”) establishes the regulator (established under the Health and Safety executive) as the building control authority for higher-risk buildings* in England and designated local authorities as the building control authority in Wales. The duties and powers of the regulator in relation to higher-risk buildings are outlined in the 2022 Act.
*Buildings of at least 18 metres in height or with at least 7 storeys and contains at least 2 residential units.
Amendment
Amendment notices can now be issued during the periods where registered building controllers are able to supervise high-risk building work.
Building control approvers can only supervise high-risk building work in cases where the initial notice was submitted before 1st October 2023 and the work was sufficiently progressed by 6th April 2024.
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