The Building (Registered Building Control Approvers etc.) (England) Regulations 2024

Regulations 6, 8 and 11

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

Form E+W

1.  The notice is not in the prescribed form.

Commencement Information

I1 Sch. 2 para. 1 in force at 6.4.2024, see reg. 1(3)

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.

Commencement Information

I2 Sch. 2 para. 2 in force at 6.4.2024, see reg. 1(3)

Capacity of approver E+W

3.  The person who signed the notice as an approver is not an approver on the date the notice is rejected or if they are an approver on that date, their registration does not include all the work described in the notice.

Commencement Information

I3 Sch. 2 para. 3 in force at 6.4.2024, see reg. 1(3)

4.  Additionally, in the case of an amendment notice, the person who signed the amendment notice as an approver is not the approver who gave the initial notice.

Commencement Information

I3 Sch. 2 para. 3 in force at 6.4.2024, see reg. 1(3)

I4 Sch. 2 para. 4 in force at 6.4.2024, see reg. 1(3)

Breach of section 54B E+W

5.  The person specified in the notice as the registered building inspector who gave advice in relation to that notice—

(a) was not a registered building inspector on the date the notice was submitted; or

(b) was a registered building inspector on that date but their registration did not include all the work described in the notice.

Commencement Information

I5 Sch. 2 para. 5 in force at 6.4.2024, see reg. 1(3)

Information about the proposed work E+W

6.  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;

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

(d) a statement setting out the date when work will reach the point when it is to be regarded as commenced and, if applicable, the details of the work which the client considers amounts to 15% of the proposed work;

(e) 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 sub-paragraph (i) will be supplied as soon as is reasonably practicable after that permission is granted;

(f) in the case of an initial notice or amendment notice in relation to the erection of a new dwelling—

(i) a statement giving details of any public electronic communications network in relation to which a connection is to be provided;

(ii) if an exemption in regulation 44ZB of the 2010 Regulations is proposed to be relied on, a statement giving details in support of the exemption;

(iii) if regulation 44ZC of those Regulations is proposed to be relied on, a statement giving details of the matters mentioned in regulation 44ZC(6)(a) and (b) of those Regulations and, if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 to those Regulations is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit-capable public electronic communications network (as defined in regulation 44C of those Regulations) is likely to be installed, in a location relevant for the purposes of paragraph RA1(1)(c) of that Schedule, within the period of two years beginning with the day on which the notice is given;

(g) in the case of a plans certificate combined with an initial notice, a statement in accordance with sub-paragraph (e)(i).

Commencement Information

I6 Sch. 2 para. 6 in force at 6.4.2024, see reg. 1(3)

Fire and rescue authority E+W

7.  The approver is obliged by regulation 9 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.

Commencement Information

I7 Sch. 2 para. 7 in force at 6.4.2024, see reg. 1(3)

Sewerage undertaker E+W

8.  The approver is obliged by regulation 10 to consult the sewerage undertaker before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.

Commencement Information

I8 Sch. 2 para. 8 in force at 6.4.2024, see reg. 1(3)

Independence E+W

9.  The notice does not contain a declaration by the approver that the approver does not, and while the initial notice is in force will not, have any professional or financial interest in that work.

Commencement Information

I9 Sch. 2 para. 9 in force at 6.4.2024, see reg. 1(3)

Drain connection E+W

10.  In the case of the erection or extension of a building, the local authority considers that, in order to comply with the requirements of Part H of Schedule 1 to the 2010 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.

Commencement Information

I10 Sch. 2 para. 10 in force at 6.4.2024, see reg. 1(3)

Local enactments E+W

11.  The local authority is not satisfied that the work described will comply with any local enactment which requires or authorises them to reject an application for building control approval submitted in accordance with building regulations.

Commencement Information

I11 Sch. 2 para. 11 in force at 6.4.2024, see reg. 1(3)

Commencement of work E+W

12.  Where a statement setting out the details of the work which the client considers amounts to 15% of all the work described in the notice has been provided, the local authority is not satisfied that the work described in the statement amounts to 15% of all the work described in the notice.

Commencement Information

I12 Sch. 2 para. 12 in force at 6.4.2024, see reg. 1(3)

Earlier notice E+W

13.—(1) Except where sub-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 sub-paragraph (1) does not apply if—

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

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

Commencement Information

I13 Sch. 2 para. 13 in force at 6.4.2024, see reg. 1(3)