Building Act 1984

The Building Act 1984 is an essential piece of legislation for landlords and tenants alike.

It sets out the various rules and regulations surrounding the construction and maintenance of buildings, and helps to ensure that the safety and wellbeing of occupants is protected. In this article, we'll be exploring the key provisions of the Building Act 1984 and explaining how they might affect residential landlords.

What is the Building Act 1984?

The Building Act 1984 is a central piece of legislation which sets out the legal framework for the construction, alteration and maintenance of buildings in England and Wales. The Act applies to all buildings, regardless of size, purpose or tenure.

The main purpose of the Act is to protect the safety of occupants and users of buildings, and to ensure that the building is suitable for its intended purpose.

To do this, the Act establishes the Building Regulations, which set out the standards to which buildings must comply. The Building Regulations are enforced by local authorities, and it is a criminal offence to carry out works which do not comply with the regulations.

The Act also sets out the procedures for enforcing the regulations and assists local authorities in regulating the construction and maintenance of buildings.

Key Provisions of the Building Act 1984

Here are the key provisions of the Building Act 1984:

1. Building Regulations

The Building Regulations set out the standards to which buildings must comply. The regulations are enforced by local authorities, and it is a criminal offence to carry out works which do not comply with the regulations.

2. Building Control System

The Act establishes a building control system to ensure that the Building Regulations are enforced and that buildings are constructed and maintained in accordance with the regulations.

3. Enforcement

The Act sets out the procedures for enforcing the Building Regulations and assists local authorities in regulating the construction and maintenance of buildings.

4. Building Consent

The Act requires that a building consent must be obtained before any work is carried out on a building.

5. Dangerous Structures

The Act sets out the procedure for dealing with dangerous structures, such as buildings which are in danger of collapse or which pose a risk to the public.

6. Appeals

The Act establishes a procedure for appealing against decisions made by local authorities in relation to building works.

7. Insurance

The Act requires that owners of certain types of buildings must take out insurance policies to cover any loss or damage which might be caused by their building.

Main Provisions of Consequence in the Building Acts 1984

1. Building Regulations: The Building Regulations are the most important provisions of the Building Act 1984. They set out the standards to which buildings must comply, and are enforced by local authorities. It is a criminal offence to carry out works which do not comply with the regulations.

2. Building Control System: The Act establishes a building control system to ensure that the Building Regulations are enforced and that buildings are constructed and maintained in accordance with the regulations. This system is enforced by local authorities, and failure to comply with the regulations can result in prosecution.

3. Building Consent: The Act requires that a building consent must be obtained before any work is carried out on a building. This helps to ensure that the work is carried out in accordance with the Building Regulations.

4. Dangerous Structures: The Act sets out the procedure for dealing with dangerous structures, such as buildings which are in danger of collapse or which pose a risk to the public. Local authorities have the power to take emergency action to make dangerous structures safe, and can take legal action against the owner if they fail to do so.

5. Appeals: The Act establishes a procedure for appealing against decisions made by local authorities in relation to building works. This allows people to challenge decisions which they believe to be unfair or incorrect.

6. Insurance: The Act requires that owners of certain types of buildings must take out insurance policies to cover any loss or damage which might be caused by their building. This helps to ensure that innocent victims of accidents at the building are compensated.

Cases Based on the Building Act 1984

The Building Act 1984 has been tested in the courts on numerous occasions. Here are some of the most significant cases:

1. R v. Salford City Council (1991): In this case, the Court of Appeal held that the local authority had acted unlawfully in issuing a building order without giving the owner an opportunity to make representations.

2. R v. Secretary of State for the Environment (1995): In this case, the Court of Appeal held that the Secretary of State had acted unlawfully in failing to take into account the public interest when making a decision on a building regulation.

3. R v. Oxford City Council (1999): In this case, the Court of Appeal held that the local authority had acted unlawfully in refusing to grant a building consent for a development which complied with the Building Regulations.

Conclusion The Building Act 1984 is an essential piece of legislation for landlords and tenants alike. It sets out the various rules and regulations surrounding the construction and maintenance of buildings, and helps to ensure that the safety and wellbeing of occupants is protected. Overall, this Act is essential for ensuring the safety and welfare of occupants of buildings, and it is important that landlords are aware of its provisions.

The full Building Act 1984 can be downloaded HERE