Part 5: Other provisions about safety standards, etc. Prohibition on development and building control Section 128: Prohibition on development for prescribed persons Proposed use of power
This power will enable the Government to impose a prohibition on a person for any purpose connected with securing the safety of persons in or about buildings or improving the standards of buildings, including by securing the remedying of defects in buildings or contribution to costs associated with remedying defects in buildings. It may be used to support the above principle and ensure that the industry responsible for building unsafe buildings takes responsibility for remedying defects in buildings and contributes to costs associated with building remediation
	This provision, together with the powers to make regulations to impose building control prohibitions detailed in section 128, may be imposed on persons who are eligible to join a building industry scheme but who do not join (because, for example, they do not meet or comply with the scheme membership conditions prescribed) and will encourage eligible persons to join and remain members of a scheme.
Example
The Secretary of State may, in particular, make Regulations to prohibit persons who are eligible to be members of a Building Industry Scheme (sections 126 and 127) but are not members of that scheme from carrying out development of land in England through affirmative Regulations.
These Regulations may also require developers to submit a notification relating to development and may make provision about the content and form of a notification and the way in which it is to be given. For example, a notification requirement could include information about when development is expected to begin or has begun and who the persons carrying out development will be or are, and if different persons will be carrying out development. Another example is that they could require persons to identify their status in relation to a building industry scheme and whether they are controlled by any other persons and those persons’ scheme status.
Regulations may also specify the prescribed development that will be affected by a prohibition; for example, they may limit a prohibition to different types of development based on size of a proposed development or a proposed use.
Regulations may make provision for enforcement, including applying, with or without modifications, Part 7 of the Town and Country Planning Act 1990. For example, by making the carrying out of development in breach of a prohibition a breach of planning control to which the enforcement powers in Part 7 apply, including the powers to issue a notice requiring cessation of development.
The Regulations may also provide that a certificate under the Town and Country Planning Act 1990 may not be granted in particular circumstances. For example, they could remove the ability to obtain a certificate of lawful development in respect of development carried out in breach of the prohibition.