Building Control Regulations 1997

20B

F31 [ Revised Fire Safety Certificate.

20B. F32 [ (1) ( a ) A revised fire safety certificate shall be required in respect of works—

(i) where the original application for a fire safety certificate was submitted prior to the grant of planning permission, if necessitated by the subsequent grant of such planning permission, for the purpose of ensuring that the revised design arising from the grant of planning permission (including any conditions attached to it) complies with the requirements of Part B of the Second Schedule to the Building Regulations, or

(ii) where significant revision is made to the design or works of a building or an extension of, a material alteration to or a material change of use of a building in respect of which a fire safety certificate has been granted by a building control authority.

( b ) Where a revised fire safety certificate is required in respect of all works or buildings, a person shall not carry out such works or make a material change of use as regards such a building—

(i) in the absence of a revised fire safety certificate in respect of the works or building, or

(ii) in contravention of any conditions subject to which the certificate is granted.

(2) An application for a revised fire safety certificate shall be filed electronically on the Building Control Management System or set out in the form specified for that purpose in the Third Schedule.

(3) Subject to subparagraph (c) , an application for a revised fire safety certificate shall be accompanied by—

( a ) such revised plans (including a site or layout plan and drawings of floor plans, elevations and sections) (in duplicate) and such other revised calculations, specifications or other particulars as are necessary to—

(i) identify and describe the works or building to which the application relates, and

(ii) enable the building control authority to assess, whether the said works or building would, if constructed in accordance with the said plans, calculations, specifications and other particulars, comply with the requirements of Part B of the Second Schedule to the Building Regulations.

( b ) such fee as may from time to time be prescribed for that purpose in Part V .

( c ) Where an application and the documents that accompanied the application are filed electronically on the Building Control Management System, duplicate copies are not required.

(4) ( a ) On receipt of an application for a revised fire safety certificate, a building control authority shall—

(i) record the date of receipt of the application and all the documents that accompanied the application, and

(ii) consider whether the application complies with the requirements of paragraphs (2) and (3) ,

( b ) Where a building control authority consider that an application for a revised fire safety certificate complies with the requirements of paragraphs (2) and (3) they shall send to the applicant an acknowledgement in writing stating the date of receipt of the application.

( c ) Where a building control authority consider that an application for a revised fire safety certificate does not comply with paragraphs (2) and (3) , they may, as they consider appropriate having regard to the extent of the failure to comply with the said paragraphs, by notice in writing—

(i) inform the applicant that the application is invalid and cannot be considered by the building control authority, or

(ii) require the applicant to furnish such further plans, calculations, specifications or particulars, or such additional fee, as may be necessary to comply with the said paragraphs.

( d ) Where a building control authority serve a notice in accordance with subparagraph (c)(i) , they shall return to the applicant the fee which accompanied the application, and

(i) where the application has been filed electronically on the Building Control Management System, delete the application and all the documents that accompanied the application, or

(ii) where the application has not been filed electronically on the Building Control Management System, return to the applicant, the application and all the documents that accompanied the application.

(5) Articles 15 to 17 shall apply mutatis mutandis as if any reference therein to an application or an application for a fire safety certificate were a reference to an application for a revised fire safety certificate pursuant to paragraph (2) .

(6) Where a building control authority decide to grant a revised fire safety certificate with or without conditions, the form specified for that purpose in the Fourth Schedule or a form substantially to the like effect, shall be the form of every such certificate and where the revised fire safety certificate is granted subject to conditions, they shall inform the applicant in writing of the reasons therefor.

(7) Where a building control authority decide to refuse to grant a revised fire safety certificate, they shall notify the applicant in writing of their decision and the reasons therefor.

(8) Where a building control authority grant a revised fire safety certificate with conditions, or refuse to grant a revised fire safety certificate, they shall notify the applicant in writing that he may appeal to the Board against the decision of the building control authority within the period prescribed in Part VI . ] ]

Annotations

Amendments:

F31

Inserted (1.10.2009) by Building Control (Amendment) Regulations 2009 (S.I. No. 351 of 2009), art. 7, in effect as per art. 2.

F32

Substituted (1.07.2021) by Building Control (Amendment) Regulations 2021 (S.I. No. 229 of 2021), art. 9, in effect as per art. 2.