Part 3: Building Act 1984 Building control authorities and building regulations Section 38: Compliance and stop notices Background
This section introduces new powers for building control authorities to enhance their ability to address non-compliance with building regulations without resorting to criminal prosecution.
	Stop notices are being introduced as, before this Act, there was no power available to stop non-compliant building work from being continued or completed; the issue of such a notice will also avoid any nugatory further work being done on a non-compliant building by ensuring each stage is compliant before the next is done.
	These measures have been modelled on notices under sections 21 and 22 of the Health and Safety at Work etc. Act 1974 and are intended to be used in similar circumstances.
Example 1
During the construction of a higher-risk building in England, an authorised officer of the Building Safety Regulator notices that a non-compliant material is being used in construction, contrary to what has been specified in the full plans during the Gateway two process. The officer serves the person carrying out the work with a compliance notice, detailing the reason for non-compliance and the requirement to remedy this.
Example 2
The Building Safety Regulator becomes aware of construction of a higher-risk building in England where the applicant has not received approval of their Gateway two application. The Building Safety Regulator can issue a stop notice under new section 35C(1)(a) of the Building Act 1984 to the Principal Contractor, requiring them to cease work immediately. Failure to comply with this notice will be a criminal offence.
Example 3
A person carrying out refurbishment work has been issued with a compliance notice due to their fitting non-compliant cladding on the external walls of a building. The person has failed to comply with the compliance notice. The building control authority decides that the appropriate next step is to issue the person with a stop notice, ordering them to stop all work on site until the cladding is replaced. Non-compliance with the stop notice will be a criminal offence.