The Building (Approved Inspectors etc.) Regulations 2010

Regulations 10(3), 11(3) and 14(3)

SCHEDULE 2 E+W Grounds for Rejecting an Initial Notice, an Amendment Notice, or a Plans Certificate Combined with an Initial Notice

Deficiencies in initial notice E+W

Form E+W

1.  The notice is not in the prescribed form.

Wrong local authority E+W

2.  No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.

Capacity of approved inspector E+W

3.  The person who signed the notice as approved inspector is not an approved inspector.

Deficiencies in information E+W

Information about the proposed work E+W

4.  Neither the notice nor the accompanying plans and documents include—

(a) the location and a description of the work, including the use of any building to which the work relates;

(b) information needed by the local authority to decide whether the notice is to be rejected on ground 10 or 11[F1 ;]

F2 [F3 (c) information whether or not the work concerns a new dwelling;

(d) in the case of an initial notice or an amendment notice in relation to a new dwelling, either—

(i) a statement whether or not one or more, and if so which, of the following optional requirements applies to the building work—

(aa) regulation 36(2)(b) (optional water efficiency requirement of 110 litres per person per day),

(bb) Schedule 1 Part M optional requirement M4(2) (category 2- accessible and adaptable dwellings),

(cc) Schedule 1 Part M optional requirement M4(3) (category 3- wheelchair user dwellings), or

(ii) a statement that planning permission has not yet been granted for the work, and that the information required by subparagraph (i) will be supplied as soon as is reasonably practicable after that permission is granted;

(e) in the case of a plans certificate combined with an initial notice, a statement in accordance with subparagraph (d)(i)].

Textual Amendments

F1 Sch. 2 para. 4(b): semicolon inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 3(4) (with regs. 1(3), 4)

F2 Sch. 2 para. 4(c)-(e) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 23(a) (with reg. 29)

F3 Sch. 2 para. 4(c)-(e) inserted (E.) (W. but only in relation to excepted energy buildings) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 3(4) (with regs. 1(3), 4)

Notice of approval E+W

F4 F5 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 2 para. 5 omitted (E.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 42(a), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F5 Sch. 2 para. 5 omitted (W.) (10.2.2014) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014 (S.I. 2014/58), regs. 1(4), 7(a) (with reg. 1(2)(3))

Lack of declaration or undertakings E+W

Insurance E+W

6.   [F6 In the case of a notice dated on or after 6th April 2013, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Secretary of State in relation to the work described in the notice, the local authority believe that this is not the case.]

[F6 In the case of a notice dated on or after [F7 8 June 2018], having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Welsh Ministers in relation to the work described in the notice, the local authority believe that this is not the case.]

Textual Amendments

F6 Sch. 2 para. 6 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), 7(b) (with reg. 1(2)(3))

F7 Words in Sch. 2 para. 6 substituted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 23(b) (with reg. 29)

Fire and rescue authority E+W

7.  The approved inspector will be obliged by regulation 12 to consult the fire and rescue authority before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.

Sewerage undertaker E+W

8.  The approved inspector will be obliged by regulation 13 to consult the sewerage undertaker before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.

Independence E+W

9.  Except where the work described in the notice is stated in it to be minor work within the meaning of regulation 9(5), the notice does not contain a declaration by the approved inspector that the approved inspector does not, and while the initial notice is in force will not, have any professional or financial interest in that work.

Deficiencies in the proposed work E+W

Drain connection E+W

10.  In the case of the erection or extension of a building, the local authority consider that, in order to comply with the requirements of Part H of Schedule 1 to the Principal Regulations, a proposed drain or private sewer must discharge to an existing sewer, but the statement accompanying the notice does not describe such an arrangement.

Local enactments E+W

11.  The local authority are not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations

Overlap with earlier notice E+W

Earlier notice E+W

12.—(1) Except where paragraph (2) applies, an initial notice (“an earlier notice”) has already been given in respect of any part of the work described in the notice.

(2) The ground in paragraph (1) does not apply if—

(a) an earlier notice has ceased to be in force and the local authority have taken no positive step to supervise the work described in it; or

(b) the notice is accompanied by an undertaking by the approved inspector who gave an earlier notice to the effect that the approved inspector will cancel that notice as soon as the initial notice under consideration is accepted.