Schedule 5: Minor and consequential amendments in connection with Part 3 Paragraph 14(3)(a), 14(4)(a), 14(5), 14(6) and 14(8) Background
Under section 11 the appropriate national authority may either on application or of its own accord, make a direction to dispense with or relax a requirement of building regulations as regards a particular type of building matter, if the requirement is deemed to be unreasonable.
Example 1
The regulator considers that the Secretary of State should give a direction to relax the application of specific building regulatory requirements to a particular building matter in England, as it would be unreasonable for them to apply. Before making the proposal, the regulator considers it appropriate to consult with the Building Advisory Committee. Having consulted, the regulator proceeds to make the proposal. The Secretary of State considers the regulator’s proposal to be appropriate and gives the direction.
Example 2
The Secretary of State of his or her own accord wishes to give a direction to relax the application of specific building regulatory requirements to a particular building matter in England, as it would be unreasonable for them to apply. The Secretary of State first consults with the regulator and considers it appropriate to also consult with the Building Advisory Committee and external stakeholders. Having consulted on the matter, the Secretary of State considers it appropriate to give the direction and proceeds to do so.
Example 3
The regulator wishes to make a proposal to the Secretary of State to revoke a direction relaxing the application of building regulatory requirements to a building matter in England. The direction was originally granted by the Secretary of State on application by an individual. The regulator consults with the original applicant and considers it appropriate to also consult with the Building Advisory Committee and external stakeholders. Having consulted, the regulator proceeds to make the proposal. The Secretary of State considers the proposal made by the regulator and decides to give the direction.