Building Control

Abstract

It is doubtful whether any other industry is subject to so much legislative control as the construction industry. A government department or local authority cannot exercise any control over building work unless it can show that an Act of Parliament confers this power upon it. Acts of Parliament also confer powers to make regulations, orders and by-laws which have the force of law. This type of legislation is often called delegated or subordinate legislation; it has the same validity and effect as if it formed part of the law which authorised it. For example, much of the control of building work is exercised through Statutory Instruments, particularly in the field of town and country planning. Up to 1966, local authorities were authorised to make building by-laws under the Public Health Act 1936, but the 1961 Act deprived them of this power and conferred upon the Minister the power to make regulations covering the same field as the former by-laws. The currently operative Building Regulations 1985, were made under the provisions of the Building Act 1984, and apply to England and Wales, including London.