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Permit to operate fixed installation

Building Control (Fixed Installations) Regulations 2025

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—(1) Upon receiving an application under regulation 30, the Commissioner of Building Control must consider the application and may —(a)issue a permit to operate for each fixed installation to which the application relates (including on the basis of the certificate mentioned in regulation 30(1)(b)(i)(B) or (ii)(B), without checking the documents and particulars accompanying the application);(b)in writing, direct the applicant, at the applicant’s own expense and within the time specified in the direction, to —(i)take any measures or comply with any requirements to ensure the fixed installation’s safe operation that the Commissioner of Building Control may specify; and(ii)re-submit the application upon having taken the measures or complied with the requirements; or(c)reject the application — in which case the Commissioner of Building Control must, on the applicant’s request, state in writing the reasons for the rejection.(2) Despite paragraph (1)(a), the Commissioner of Building Control may carry out random checks on any document or particulars relating to an application at any time before or after issuing a permit to operate.(3) A permit to operate issued under paragraph (1) —(a)must be in the form determined by the Commissioner of Building Control;(b)is subject to any condition that the Commissioner of Building Control imposes; and(c)is valid for 12 months.(4) The Commissioner of Building Control may vary any existing condition to a permit to operate or impose an additional condition to the permit to operate in accordance with paragraphs (5) and (6) (called in this regulation a modification). (5) Before making any modification to the conditions of a permit to operate, the Commissioner of Building Control must give notice to the holder of the permit to operate —(a)stating that the Commissioner of Building Control proposes to make the modification in the manner specified in the notice; and(b)specifying the time (being not less than 14 days after the date of service of notice on the holder) within which written representations with respect to the proposed modification may be made.(6) Upon receipt of any written representation mentioned in paragraph (5)(b), the Commissioner of Building Control must consider the representation and may reject the representation or amend the proposed modification in accordance with the representation, or otherwise and, in either event, must thereupon issue a written direction to the holder concerned requiring that effect be given to the proposed modification specified in the notice or to any modification as subsequently amended by the Commissioner of Building Control within a reasonable time.(7) Upon being notified under regulation 34(1)(a) that a person (A) has taken over ownership of a fixed installation from a previous owner, the Commissioner of Building Control may transfer a permit to operate for the fixed installation from the previous owner to A, making any necessary modifications to the permit.(8) An owner of a fixed installation must, during the operation of the fixed installation, clearly display, or cause to be clearly displayed, a valid permit to operate for the fixed installation.(9) Any person who contravenes paragraph (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

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