The Building (Approved Inspectors etc.) Regulations 2010

PART 2 E+W Grant and Withdrawal of Approval

Designation of bodies to approve inspectors E+W

3.  If it appears to the Secretary of State that a body might properly be designated as a body to approve inspectors the Secretary of State may, if the body consents, designate it for that purpose.

Approval of inspectors E+W

4.—(1) Where the Secretary of State has designated a body in accordance with regulation 3 (referred to in these Regulations as a “ designated body”), a person seeking to be an approved inspector shall apply to a designated body giving particulars of—

(a) in the case of a person other than a body corporate, the person's qualifications and experience; and

(b) in the case of a body corporate, the number, qualifications and experience of the people to be employed in the discharge of its functions under these Regulations,

and the person shall answer any inquiries which that designated body makes about those matters.

(2) Where there is no designated body, a person seeking to be an approved inspector shall apply to the Secretary of State giving particulars of—

(a) in the case of a person other than a body corporate, the person's qualifications and experience; and

(b) in the case of a body corporate, the number, qualifications and experience of the people to be employed in the discharge of its functions under these Regulations,

and the person shall answer any inquiries which the Secretary of State makes about those matters.

Manner of approval or designation E+W

5.  The approval of an inspector or the designation of a body to approve inspectors shall be given to that person or body by a notice in writing specifying any limitation on the approval or designation.

[F1 Approved inspector's insurance E

5A.— (1) Subject to paragraph (2), an approved inspector who gives a notice or certificate specified in paragraph (2) to a local authority must ensure that, before or on the date of the notice or certificate, the person who approved that inspector (the Secretary of State or a body designated under regulation 3 as the case may be) is in possession of a declaration of insurance in respect of the work to which the notice or certificate relates.

(2) Paragraph (1) applies to a notice or certificate given on or after 6th April 2013 which is—

(a) an initial notice;

(b) an amendment notice;

(c) a plans certificate;

(d) a combined initial notice and plans certificate; or

(e) a final certificate.

(3) In this regulation a “declaration of insurance” means a declaration of insurance signed by the insurer that a named scheme of insurance approved by the Secretary of State applies to the approved inspector in relation to the building work to which the notice or certificate relates.]

Textual Amendments

F1 Reg. 5A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 35, Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

[F9 Approved inspector’s insurance W

5A.— (1) Subject to paragraph (2), an approved inspector who gives a notice or certificate specified in paragraph (2) to a local authority must ensure that, before or on the date of the notice or certificate, the person who approved that inspector (the Welsh Ministers or a body designated under regulation 3 as the case may be) is in possession of a declaration of insurance in respect of the work to which the notice or certificate relates.

(2) Paragraph (1) applies to a notice or certificate given on or after 10 February 2014 which is—

(a) an initial notice;

(b) an amendment notice;

(c) a plans certificate;

(d) a combined initial notice and plans certificate; or

(e) a final certificate.

(3) In this regulation a “declaration of insurance” means a declaration of insurance signed by the insurer that a named scheme of insurance approved by the Welsh Ministers applies to the approved inspector in relation to the building work to which the notice or certificate relates.]

Textual Amendments

F9 Reg. 5A inserted (W. but not in relation to excepted energy buildings) (10.2.2014) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014 (S.I. 2014/58), regs. 1(4), 3 (with reg. 1(2)(3))

Termination of approval or designation E+W

6.—(1) The approval of an inspector given by a designated body or by the Secretary of State shall cease to have effect at the end of a period of five years from the date on which it was given.

(2) The approval of an inspector may be withdrawn by a notice in writing given to the inspector by the person who approved that inspector.

(3) The Secretary of State may withdraw the designation of a designated body by giving the body notice in writing, but—

(a) such withdrawal shall not affect the operation of any subsisting approval given by the body, and

(b) a subsisting approval may be withdrawn by the Secretary of State as if it had been given by the Secretary of State.

(4) Where an approved inspector is convicted of an offence under section 57 of the Act M1 (false or misleading notices and certificates etc.), the person by whom the approval was given may on receipt of a certificate of the conviction forthwith withdraw the approval and no further approval shall be given to an approved inspector whose approval has been withdrawn for a period of five years beginning with the date of the conviction.

Marginal Citations

M1 Section 57 was amended by section 8 of the Sustainable and Secure Buildings Act 2004 (c. 22).

Lists of approvals and designations E

7.—(1) The Secretary of State shallF2 ...—

(a) [F3 maintain] a list of bodies which are for the time being designated in accordance with regulation 3 for the purpose of approving inspectors, F4 ...

(b) [F5 maintain] a list of inspectors for the time being approved by the Secretary of State[F6 , and

(c) in respect of each approved inspector listed, keep a copy of—

(i) the approval certificate, and

(ii) the declaration of insurance referred to in regulation 5A;]

(2) The Secretary of State shall—

(a) supply to every local authority in whose area these Regulations apply a copy of the first lists of approved inspectors and designated bodies prepared under paragraph (1); and

(b) notify every such local authority as soon as practicable of the withdrawal of any approval or designation and of any addition to the lists.

(3) A designated body shall—

(a) maintain a list of inspectors for the time being approved by it; F7 ...

[F8 (aa) in respect of each approved inspector listed, keep a copy of—

(i) the approval certificate, and

(ii) the declaration of insurance referred to in regulation 5A; and]

(b) notify every local authority in whose area these Regulations apply as soon as practicable after withdrawing approval from any inspector.

(4) Lists maintained under this regulation shall set out any limitation placed on the approval or designation of the persons or bodies listed and shall indicate the date on which each approval will expire.

Textual Amendments

F2 Word in reg. 7(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 36(a)(i), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F3 Word in reg. 7(1)(a) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 36(a)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F4 Word in reg. 7(1)(a) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 36(a)(iii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F5 Word in reg. 7(1)(b) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 36(a)(iv), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F6 Reg. 7(1)(c) and preceding word inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 36(a)(v), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F7 Word in reg. 7(3)(a) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 36(b)(i), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F8 Reg. 7(3)(aa) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 36(b)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

Lists of approvals and designations W

[F10 7.— (1) The Welsh Ministers shall—

(a) maintain a list of bodies which are for the time being designated in accordance with regulation 3 for the purpose of approving inspectors;

(b) maintain a list of inspectors for the time being approved by the Welsh Ministers; and

(c) in respect of each approved inspector listed, keep a copy of—

(i) the approval certificate, and

(ii) the declaration of insurance referred to in regulation 5A.

(2) The Welsh Ministers shall—

(a) supply to every local authority in whose area these Regulations apply a copy of the first lists of approved inspectors and designated bodies prepared under paragraph (1); and

(b) notify every such local authority as soon as practicable of the withdrawal of any approval or designation and of any addition to the lists.

(3) A designated body shall—

(a) maintain a list of inspectors for the time being approved by it;

(b) in respect of each approved inspector listed, keep a copy of—

(i) the approval certificate, and

(ii) the declaration of insurance referred to in regulation 5A; and

(c) notify every local authority in whose area these Regulations apply as soon as practicable after withdrawing approval from any inspector.

(4) Lists maintained under this regulation shall set out any limitation placed on the approval or designation of the persons or bodies listed and shall indicate the date on which each approval will expire.]

Textual Amendments

F10 Reg. 7 substituted (W. but not in relation to excepted energy buildings) (10.2.2014) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014 (S.I. 2014/58), regs. 1(4), 4 (with reg. 1(2)(3))