Building Regulations wording

[ban-all-sheds]

DCLG's position appears to rely on a bit of fallacious logic.

12(6A) makes some work for which Part P imposes a requirement notifiable.

9(3) excludes Part P from the general exemption.

Therefore 9(3) also excludes 12(6A) from the general exemption.

I believe you said you have lawyers in your family? Be interested to see what they make of the DCLG's claim. (Don't worry - I won't be going back to argue the toss with the DCLG any more).

 

[JohnW2]

DCLG's position appears to rely on a bit of fallacious logic.
12(6A) makes some work for which Part P imposes a requirement notifiable.
9(3) excludes Part P from the general exemption.
Therefore 9(3) also excludes 12(6A) from the general exemption.

As you say, that appears to be fallacious logic - and it only takes a bit of intelligence, not any legal knowledge, to determine that. As I said, to my mind it is so simple - 9(1) say that Schedule 2 buildings are exempt from most of the Regs, which includes 12(6). Nothing else in 9, or anywhere else in the regs, says that 12(6) is ever 'immune from' the general exemption of 9(1). We know what they (almost certainly) thought they were achieving but, to my mind, the words they used simply didn't achieve it!

I believe you said you have lawyers in your family? Be interested to see what they make of the DCLG's claim.

I do - a couple of high-flying commercial solicitors and a barrister. I'll ask when I get an opportunity.

Kind Regards, John