The Building (Approved Inspectors etc.) Regulations 2010

Regulations 10(1), 11(1), 14(1)16(1), 18(4)-(6), 22(1), 25(1) and 27(1)

SCHEDULE 1 E+W Forms

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.

Notice of approval E+W

5.  In the case of a notice signed by an inspector approved in accordance with regulation 4(1) by a designated body, the initial notice is not accompanied by a copy of the notice of the inspector's approval.

Lack of declaration or undertakings E+W

Insurance E+W

6.  The notice is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work described in the notice.

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.

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.

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.  The certificate is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work to which the certificate relates.

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.

Regulation 16(1)

SCHEDULE 4 E+W Grounds for Rejecting a Final Certificate

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.

Absence of power to give certificate E+W

No initial notice E+W

3.  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

4.  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

5.  The certificate is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work to which the certificate relates.

Independence E+W

6.  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 that notice had any professional or financial interest in that work.

Regulations 22(3) and 25(3)

SCHEDULE 5 E+W Grounds for Rejecting a Public Body's Notice, or a Combined Public Body's Notice and Plans Certificate

Deficiencies in public body's 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 public body E+W

3.  The body on behalf of which the notice was signed is not a public body within the meaning of section 54 of the Act.

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 7 or 8.

Lack of undertaking E+W

Fire and rescue authority E+W

5.  The public body will be obliged by regulation 23 to consult the fire and rescue authority before giving a public body's plans certificate or a public body's final certificate, and the notice does not contain an undertaking to do so.

Sewerage undertaker E+W

6.  The public body will be obliged by regulation 24 to consult the sewerage undertaker before giving a public body's plans certificate or a public body's final certificate, and the notice does not contain an undertaking to do so.

Deficiencies in the proposed work E+W

Drain connection E+W

7.  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

8.  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.

Regulations 25(2) and (3)

SCHEDULE 6 E+W Grounds for Rejecting a Public Body's Plans Certificate, or a Combined Public Body's Notice and Plans Certificate

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.

Plans E+W

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

Absence of power to give certificate E+W

No public body's notice E+W

4.  Except where the public body's plans certificate is combined with a public body's notice, no public body's notice was in force in respect of work described in the certificate at the time the certificate was given.

Capacity of public body E+W

5.  A public body's 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 or on behalf of the public body which gave that notice; or

(b) that body has ceased to be a public body within the meaning of section 54 of the Act.

Lack of declaration E+W

Fire and rescue authority E+W

6.  The public body was obliged by regulation 23 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.

Sewerage undertaker E+W

7.  The public body was obliged by regulation 24 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.

Regulation 27(1)

SCHEDULE 7 E+W Grounds for Rejecting a Public Body's Final Certificate

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.

Absence of power to give certificate E+W

Capacity of public body E+W

3.  No public body's notice was in force with respect to the work described in the certificate at the time the certificate was given.

No proper signature E+W

4.  A public body's notice was in force with respect to the work described in the certificate at the time when the certificate was given, but the certificate is not signed by or on behalf of the public body which gave that notice.

Lack of declaration E+W

Fire and rescue authority E+W

5.  The public body was obliged by regulation 23 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that they were consulted in accordance with that regulation.

Sewerage undertaker E+W

6.  The public body was obliged by regulation 24 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.

Regulation 38(1)

SCHEDULE 8 E+W Revocation of Regulations

Title	Reference	Extent of revocation
The Building (Approved Inspectors etc.) Regulations 2000	S.I. 2000/2532	The whole Regulations.
The Building (Approved Inspectors etc.) (Amendment) Regulations 2001	S.I. 2001/3336	The whole Regulations.
The Building (Approved Inspectors etc.) (Amendment) Regulations 2002	S.I. 2002/2872	The whole Regulations.
The Building (Approved Inspectors etc.) (Amendment) Regulations 2004	S.I. 2004/1466	The whole Regulations.
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2008	S.I. 2008/2363	Regulation 4.

Regulation 38(2)

SCHEDULE 9 E+W Consequential Amendments

1.  In the Building (Local Authority Charges) Regulations 2010 M1 — E+W

(a) in regulation 2, in the definition of “the Approved Inspectors Regulations” for “2000” substitute “ 2010 ”;

(b) in regulation 8(1)(d)—

(i) in paragraph (i) for “20(2)(a)(i)” substitute “ 19(2)(a)(i) ”;

(ii) in paragraph (ii) for “20(3)” substitute “ 19(3) ”.

Marginal Citations

M1 S.I. 2010/404.

2.  In the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 M2 , in regulation 2(1), in the definition of “recommendation report” omit “or regulation 12(4) of the Building (Approved Inspectors etc.) Regulations 2000”. E+W

Marginal Citations

M2 S.I. 2007/991.