|
|
Order of High Court in relation to buildings and works.
|
12.—(1) Where the construction of any building or works to which building regulations apply is, or has been, commenced or completed or any material change takes place in the purposes for which a building is used and the building control authority concerned considers that, arising from such construction or change of use—
|
|
| |
(a) there is a risk to the health or safety of persons who may be in or about the building or works, or of persons affected by such building or works, and
|
|
| |
(b) such risk is so serious that either specified measures should be taken immediately to reduce or eliminate the risk or that the use of the building or works concerned should be restricted or prohibited until specified measures have been taken to reduce or eliminate the risk,
|
|
| |
the building control authority concerned may apply to the High Court for an order requiring the removal, alteration or making safe of any structure, service, fitting or equipment, or the discontinuance of any works or restricting or prohibiting the use of the building until the removal, alteration, or making safe of any structures, services, fittings or equipment or the discontinuance of any works, as the case may be, has been effected.
|
|
| |
(2) The application for an order under this section shall be by motion, and when such an application is made, the High Court may make such interim or interlocutory order as it considers appropriate.
|
|
| |
(3) Any order made by the High Court under this section shall have effect notwithstanding the terms of any permission given under any other enactment for the use of the building or works or any part of either of them to which the relevant application under this section relates.
|
