The Building (Approved Inspectors etc.) Regulations 2010

Regulation 14(2) and (3)

SCHEDULE 3 E+W Grounds for Rejecting a Plans Certificate, or a Plans Certificate Combined with an Initial Notice

Deficiencies in form and information E+W

Form E+W

1.  The certificate is not in the prescribed form.

Work E+W

2.  The certificate does not describe the work to which it relates.

[F1 Optional requirements E+W

2A.   The certificate does not contain—

(a) information whether or not the work concerns a new dwelling; or

(b) in the case of a new dwelling, information whether or not one or more, and if so which, of the following optional requirements applies to the building work—

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

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

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

(c) in the case of a plans certificate relating to a new dwelling, a statement that it relates only to such part of the work to which no requirement under regulation 36 of, or requirements M4(1), (2) or (3) of Schedule 1 to, the Building Regulations 2010 may apply.]

Textual Amendments

F1 Sch. 3 para. 2A 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(5) (with regs. 1(3), 4)

Plans E+W

3.  The certificate does not specify the plans to which it relates.

Absence of power to give certificate E+W

No initial notice E+W

4.  Except where the plans certificate is combined with an initial notice, no initial notice was in force with respect to the work described in the certificate at the time the certificate was given.

Capacity of approved inspector E+W

5.  An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but—

(a) the certificate is not signed by the approved inspector who gave that notice; or

(b) that person is no longer an approved inspector.

Lack of declarations E+W

Insurance E+W

6.   [F2 In the case of a certificate 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.]

[F2 In the case of a certificate dated on or after 10 February 2014, 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 to which the certificate relates, the local authority believe that this is not the case.]

Textual Amendments

F2 Sch. 3 para. 6 substituted (W.) (10.2.2014) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014 (S.I. 2014/58), regs. 1(4), 8 (with reg. 1(2)(3))

Fire and rescue authority E+W

7.  The approved inspector was obliged by regulation 12 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that the approved inspector has consulted them in accordance with that regulation.

Sewerage undertaker E+W

8.  The approved inspector was obliged by regulation 13 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that the approved inspector has consulted them in accordance with that regulation.

Independence E+W

9.  Except where the work to which it relates is stated in the certificate to be minor work, within the meaning of regulation 9(5), the certificate does not contain a declaration by the approved inspector that the approved inspector has not since giving the initial notice in question had any professional or financial interest in that work.