- Act
includes an enactment contained in a local Act;
- agreed
means agreed in writing;
- appropriate court or tribunal
means— (a) in relation to England, the tribunal;
- appropriate national authority
means— (a) in relation to England, the Secretary of State;
- authorised officer
means a person in respect of whom an authorisation under section 22 of the Building Safety Act 2022 is in force;
- building
includes—
- building control approval
has the meaning given by paragraph 1B of Schedule 1;
- building control authority
has the meaning given by section 121A;
- building industry scheme
means a scheme established under section 126 of the Building Safety Act 2022;
- building matter
has the same meaning as in section 11 above.
- building regulations
means, subject to paragraph (b) below, regulations made under section 1 above;
- building safety expenditure
means expenditure incurred by the Secretary of State (whether before or after the passing of this Act) in providing financial assistance to persons (whether by way of grant, loan or otherwise) for the purposes of enabling them to improve the safety of persons in or about buildings in England;
- building safety risk
has the meaning given by section 120G;
- cesspool
includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;
- closet
includes privy;
- Competent person
means a servant or agent of the public body who is competent to assess the plans.
- continuing requirement
means a continuing requirement imposed by building regulations made by virtue of section 2(1) or (2) or 2A above.
- contravention
includes failure to comply, and “contravene” has a corresponding meaning;
- cost-benefit analysis
means—
- damage
includes the death of, or injury to, any person (including any disease and any impairment of a person’s physical or mental condition).
- decision
includes a direction, and references to the giving of a decision shall be construed accordingly.
- development
has the same meaning as in the Town and Country Planning Act 1990 (see section 55 of that Act);
- documents
includes notices, certificates, orders, consents, demands and plans;
- drain
means a drain used for the drainage of one building or of buildings or yards appurtenant to buildings within the same curtilage, and includes any manholes, ventilating shafts, pumps or other accessories belonging to the drain;
- drainage
includes the conveyance, by means of a sink and any other necessary appliance, of refuse water and the conveyance of rainwater from roofs.
- earth-closet
means a closet having a movable receptacle for the reception of faecal matter and its deodorisation by the use of earth, ashes or chemicals, or by other methods;
- enactment
includes an enactment contained in a local Act;
- factory
has the meaning given by section 175 of the Factories Act 1961;
- fees
means fees that are prescribed by, or determined by the regulator in accordance with, regulations under section 105B.
- fire inspector
means an inspector or assistant inspector appointed under section 28(1) of the Fire and Rescue Services Act 2004;
- functions
includes powers and duties;
- Higher-risk building
means a building in England that—
- Higher-risk building work
means any work relating to a higher-risk building or a proposed higher-risk building, including—
- highway authority
means, in the case of a highway repairable by the inhabitants at large, the council in whom the highway is vested;
- house
means a dwelling-house, whether a private dwelling-house or not;
- information
includes documents;
- inner London
means the area comprising the inner London boroughs, the City of London, the Inner Temple and the Middle Temple;
- joint board
has the meaning given by section 343(1) of the Public Health Act 1936;
- local Act
includes a provisional order confirmed by Parliament, and the confirming Act so far as it relates to that order;
- local authority
means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple or, for the purposes of Parts I and II above and of this Part so far as it relates to them, the Council of the Isles of Scilly but, in relation to Wales, means the council of a county or county borough;;
- major incident
means an incident resulting in— (a) a significant number of deaths, or (b) serious injury to a significant number of people.
- modifications
includes additions, omissions and amendments, and related expressions shall be construed accordingly;
- officer
includes servant;
- owner
means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive it if those premises were let at a rackrent;
- planning authority
means— (a) a local planning authority within the meaning of that Act (see section 336(1));
- planning permission
has the same meaning as in that Act (see section 336(1)).
- plans
includes drawings of any other description, and also specifications or other information in any form;
- plans certificate
means a certificate by a registered building control approver that the relevant conditions are met in relation to the work specified in the certificate (which must be work in relation to which the approver has given an initial notice).
- prejudicial to health
means injurious, or likely to cause injury, to health;
- premises
includes buildings, land, easements and hereditaments of any tenure;
- prescribed
means prescribed by regulations made by the appropriate national authority under this section. • “relevant authority” means a local authority or the regulator.
- private sewer
means a sewer that is not a public sewer;
- protected buildings
means—
- public body
has the meaning given by section 8(5) above.
- public sewer
has the same meaning as in the Water Industry Act 1991;
- rating district
has the meaning given by section 115(1) of the General Rate Act 1967;
- registered building control approver
has the meaning given by section 58N;
- registered building inspector
has the meaning given by section 58B;
- regulatory authority
has the meaning given by section 58A;
- relevant application or notice
means— relating to a relevant building or proposed relevant building (including any such application or notice relating to work that causes a building to become a relevant building or causes a relevant building to cease to be such a building).
- relevant approved document
means a document approved for the purposes of the provision that applies in relation to the work in question.
- relevant authority
means a local authority or the regulator.
- relevant building
means a building in England consisting of or containing— (a) one or more dwellings, or (b) other accommodation, (and “accommodation” here includes temporary accommodation, for example in a hotel or hospital);
- relevant document
means—
- relevant function
means— (a) in relation to a local authority, any function of a local authority under— (a) the Prevention of Damage by Pests Act 1949, (b) Part 2 of the Public Health Act 1961, (c) Part 11 of the Local Government (Miscellaneous Provisions) Act 1982, (d) Part 3 of the Environmental Protection Act 1990, (e) Parts 1 to 4 of the Housing Act 2004, or (f) this Act, or any prescribed function of a local authority;
- relevant information
means information that is required or authorised to be given by this Part or regulations made under it;
- relevant part of the initial notice
means so much of the initial notice as was subject to the cancellation notice.
- relevant period
means—
- relevant person
means a local authority in Wales, Welsh fire and rescue authority or fire inspector;
- Relevant provision
means any provision of the following—
- relevant provisions
means the relevant statutory provisions (within the meaning of Part 3 of the Energy Act 2013) other than—
- restricted activity
means an activity that is prescribed for the purposes of this section;
- restricted function
means a function of a building control authority under— (a) this Part, (b) Part 3, or (c) regulations made under this Part or Part 3, that is prescribed for the purposes of this section.
- sanitary convenience
means closet or urinal;
- school
includes a Sunday school or a Sabbath school;
- signature
includes a facsimile of a signature by whatever process reproduced.
- specified
means specified by regulations under this section.
- statutory undertakers
means persons authorised by an enactment or statutory order to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway,......,... or other public undertaking;
- street
includes a highway, including a highway over a bridge, and a road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;
- structure or erection
includes a vehicle, vessel, hovercraft, aircraft or other movable object of any kind in such circumstances as may be prescribed (being circumstances that in the opinion of the appropriate national authority justify treating it for those purposes as a building).
- surface water
includes water from roofs;
- the appropriate authority
means— and, if a question arises as to what authority is the appropriate authority in relation to any property, that question shall be referred to the Treasury, whose decision is final.
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- the regulator
means the Building Safety Regulator;
- the relevant address
means— (a) the address specified by the officer in writing, or (b) if no address has been specified, the principal office of the regulator.
- the relevant part of the initial notice
means so much of the initial notice as was cancelled by a notice under section 52A (cancellation of initial notice when work becomes higher-risk building work).
- the relevant period
means—
- the relevant person
means—
- the relevant provisions
means this Act and regulations made under it except the following provisions and any regulations made under them—
- the tribunal
means the First-tier Tribunal;
- uncertified work
means any of the work—
- unfinished work
means all of the work to which the original initial notice related, except for any work in respect of which a final certificate was accepted by the local authority.
- water-closet
means a closet that has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action;
- Welsh fire and rescue authority
means a fire and rescue authority, within the meaning of Part 1 of the Fire and Rescue Services Act 2004, for an area in Wales.