The Building Safety Act 2022 (Commencement No. 7 and Transitional Provisions) Regulations 2024

Transitional provisions: approved inspectors who became approvers

3.—(1) Subject to paragraph (5), this regulation applies where an approved inspector who gave an initial notice before 6th April 2024 has become a suitably qualified approver in relation to the work described in that notice before that date.

(2) Where this regulation applies then with effect from 6th April 2024 any initial notice given by the approved inspector before 6th April 2024 is to be treated as if it were given instead by that person in their capacity as an approver and the 1984 Act applies in relation to that person in undertaking functions in relation to the work described in the initial notice.

(3) Subject to paragraph (4), for the purposes of this regulation, an approver is suitably qualified in relation to the work described in the initial notice if the building work is of a type within the scope of the registration of the registered building control approver.

(4) Where an approver is suitably qualified in relation to some of the work described in an initial notice then paragraph (2) has effect in relation only to the part of the building work within the scope of the registration and they continue to be treated as an approved inspector, and regulation 4 applies, in relation to the other part of the work described in the initial notice.

(5) This regulation does not apply to higher-risk building work(1).

(1)

See the definition of “higher-risk building work” in section 91ZA of the 1984 Act, which was inserted by section 32 of the 2022 Act.