PART 2Amendments to the Approved Inspectors Regulations
Amendments to the Approved Inspectors Regulations
2. The Approved Inspectors Regulations are amended in accordance with regulations in this Part.
General amendments
3.—(1) For the words “Form 1” in each place they occur, including in the title of Form 1 in Schedule 1, substitute “Form 1(W)”.
(2) For the words “Form 2” in each place they occur, including in the title of Form 2 in Schedule 1, substitute “Form 2(W)”.
(3) For the words “Form 3” in each place they occur, including in the title of Form 3 in Schedule 1, substitute “Form 3(W)”.
(4) For the words “Form 4” in each place they occur, including in the title of Form 4 in Schedule 1, substitute “Form 4(W)”.
(5) For the words “Form 5” in each place they occur, including in the title of Form 5 in Schedule 1, substitute “Form 5(W)”.
(6) For the words “Form 9” in each place they occur, including in the title of Form 9 in Schedule 1, substitute “Form PB1(W)”.
(7) For the words “Form 10” in each place they occur, including in the title of Form 10 in Schedule 1, substitute “Form PB2(W)”.
(8) For the words “Form 11” in each place they occur, including in the title of Form 11 in Schedule 1, substitute “Form PB3(W)”.
(9) For the words “Form 12” in each place they occur, including in the title of Form 12 in Schedule 1, substitute “Form PB4(W)”.
Amendment to regulation 2
4. In regulation 2 (interpretation), in the appropriate place insert—
““approver” means a registered building control approver within the meaning of section 58N of the Act;”.
New regulation 16A
5. After regulation 16 (form, grounds and period for rejecting final certificate) insert—
“Form of rejection notice and form of notice under section 51C of the Act
16A.—(1) Where a local authority rejects a relevant notice or certificate the form set out as form 7(W) in Schedule 1 must be used.
(2) When giving a notice under section 51C(2)(1) of the Act (change of person intending to carry out work) the form set out as form 8(W) in Schedule 1 must be used.
(3) In this regulation “relevant notice or certificate” means an initial notice, amendment notice, plans certificate or a final certificate which is given to a local authority on or after 6 April 2024.”
Amendments to regulation 18
6. In regulation 18 (cancellation of initial notice)—
(a)omit paragraphs (4), (5) and (6);
(b)at the end insert—
“(7) In Wales, Form 9(W) in Schedule 1 is the form of notice to be given by an approver to cancel an initial notice in accordance with section 52(1) of the Act based on a condition in section 52(1)(a) to (f) of the Act.
(8) In Wales, Form 10(W) in Schedule 1 is the form of notice to be given by a person carrying out or intending to carry out work to cancel an initial notice in accordance with section 52(3) of the Act based on a condition in section 52(3)(a) of the Act.
(9) In Wales, Form 11(W) in Schedule 1 is the form of notice to be given by a local authority to cancel an initial notice in accordance with section 52(5A) of the Act based on a condition in section 52(5B)(a) to (d) of the Act.
(10) In Wales, Form 12(W) in Schedule 1 is the form of notice to be given by a local authority to the person shown in the initial notice as the approver under section 52(7) of the Act.
(11) In Wales, Form 13(W) in Schedule 1 is the form of notice to be given by an approver to cancel an initial notice in accordance with section 52A(1)(2) of the Act.
(12) In Wales, Form 14(W) in Schedule 1 is the form of notice to be given by a person carrying out or intending to carry out work to cancel an initial notice in accordance with section 52A(2) of the Act.
(13) In Wales, Form 15(W) in Schedule 1 is the form of notice to be given by a local authority to cancel an initial notice in accordance with section 52A(4) of the Act.
(14) In Wales, Form 16(W) in Schedule 1 is the form of notice to be given by a local authority to cancel an initial notice in accordance with section 53D(2) of the Act.
(15) In Wales, Form 17(W) in Schedule 1 is the form of notice to be given by a person carrying out or intending to carry out work to cancel an initial notice in accordance with section 53D(3) of the Act.”.
New regulation 18A
7. After regulation 18 insert—
“Cancellation of initial notice: notice of contravention of building regulations
18A.—(1) Except where paragraph (3) applies, where an approver is of the opinion that an initial notice should be cancelled under section 52(1)(c)(3) of the Act for contravention of any provision of building regulations, the approver must first give notice in writing to the person carrying out the work (“C”).
(2) A notice given in accordance with paragraph (1) must inform C that if within the period specified in paragraph (3) C has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations, the approver will cancel the initial notice.
(3) The period within which the person carrying out the work is to remedy the contravention is three months beginning with the day on which the notice under paragraph (1) is given.”
New regulation 19A
8. After regulation 19 (local authority powers in relation to partly completed work) insert—
“Periods within which information on work to which an initial notice relates must be provided
19A.—(1) For the purposes of section 53(4B) of the Act, the period within which a person shown in the initial notice as the approver (“P”) is required to give information to the local authority is 21 calendar days beginning with the date on which the local authority gives P a notice under section 53(4A)(4). This period may be extended by mutual agreement between P and the local authority.
(2) For the purposes of section 53(4C) of the Act, the period within which P is required to give information to the person carrying out or intending to carry out the work (“C”) is—
(a)21 calendar days beginning with the date on which the local authority gave P a notice under section 53(4A), or
(b)in relation to information requested by C pursuant to section 53(4C)(c), 21 calendar days beginning with the date on which C gives P a notice under section 53(4C)(c).”
New Part 3A
9. After Part 3 (supervision of work by approved inspectors) insert—
“PART 3ATransfer of projects to another approver
Section 53(7): prescribed provision
19B. For the purposes of section 53(7)(a)(iii) of the Act, section 52(1)(a) of the Act is prescribed.
Information to be included in transfer certificates
19C. For the purposes of section 53B(5)(b) of the Act, a transfer certificate must contain the following information—
(a)statement describing the original work and the unfinished work(5);
(b)statement describing all the steps the approver has taken to determine, in accordance with section 53B(2) of the Act, whether the unfinished work contravenes any provision of the building regulations, in particular listing—
(i)each inspection or laying open of the work undertaken;
(ii)each report of any inspection or laying open of work produced;
(iii)any other assessment of the work which was considered;
(c)statement setting out the name and address of the registered building inspector from whom advice was obtained under section 54B(3) of the Act before giving the transfer certificate;
(d)declaration, signed and dated by the approver, confirming—
(i)the approver has inspected the unfinished work,
(ii)the approver has determined that, as at the date of the transfer certificate, the unfinished work does not contravene any provision of the building regulations,
(iii)each report or assessment referred to in the statement under paragraph (b) has been included in the transfer report given under section 53B of the Act,
(iv)the approver has obtained advice from a registered building inspector under section 54B(3) of the Act before giving the transfer certificate, and
(v)the approver has received the agreement of the person carrying out or intending to carry out the work to submit the transfer certificate and transfer report.
Period for consideration of transfer certificate and report by local authority
19D. For the purposes of section 53C(6)(a) of the Act, the prescribed period is 28 days.
Grounds for rejection of a transfer certificate and transfer report
19E. The grounds on which a local authority may reject a transfer certificate and transfer report are those prescribed in Schedule 3A.
Cases where a further initial notice may be given after cancellation of an initial notice under section 53D
19F.—(1) For the purposes of section 53D(5)(6) of the Act, the following circumstances are prescribed—
(a)the business of the approver to which the initial notice relates has ceased for any reason, including in the case of insolvency;
(b)the person carrying out or intending to carry out the work has cancelled the initial notice under section 53D(3) of the Act because they were satisfied the approver was unable to carry out (or continue to carry out) their functions with respect to any of the work to which the initial notice relates;
(c)the approver is given a specified disciplinary order during the relevant period (as defined in section 53B(7) of the Act).
(2) In this regulation a “specified disciplinary order” means—
(a)any disciplinary order under section 58U(2)(b)(7) of the Act (variation of registration) such that the approver is no longer able to carry out their functions with respect to any of the work to which the initial notice relates;
(b)any disciplinary order under section 58U(2)(c) of the Act (suspension of registration) excluding any suspension which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work;
(c)an order under section 58V(8) of the Act (interim suspension for suspected serious contravention) excluding any interim suspension which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work;
(d)any disciplinary order under section 58U(2)(d) of the Act (cancellation of registration) excluding any cancellation which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work.”
Amendments as to Schedule 1
10. In Schedule 1 (forms)—
(a)in form 1 (initial notice), as a final paragraph, before the signature block insert—
“I (the registered building control approver) confirm that none of the work to which this notice relates is higher-risk building work.”;
(b)in form 2 (amendment notice), as a final paragraph, before the signature block insert—
“I (the registered building control approver) confirm that none of the work to which this notice relates is higher-risk building work.”;
(c)in form 3 (plans certificate), as a final paragraph, before the signature block insert—
“I (the registered building control approver) confirm that none of the work to which this certificate relates is higher-risk building work.”;
(d)in form 4 (combined initial notice and plans certificate), as a final paragraph, before the signature block insert—
“I (the registered building control approver) confirm that none of the work to which this notice relates is higher-risk building work.”;
(e)in form 5 (final certificate), as a final paragraph, before the signature block insert—
“I (the registered building control approver) confirm that none of the work to which this certificate relates is higher-risk building work.”;
(f)omit forms 6 to 8;
(g)in the appropriate place, in numerical order, insert each of the new forms(9) set out in Schedule 1 to these Regulations.
New Schedule 3A
11. After Schedule 3 (grounds for rejecting a plans certificate, or a plans certificate combined with an initial notice) insert Schedule 3A which is set out in Schedule 2 to these Regulations.
Section 51C was inserted by article 2 of S.I. 1996/1905 and sub-section (2) was amended by section 43 of, and paragraphs 1 and 9 of Schedule 4 to, the Building Safety Act 2022 (c. 30).
Section 52A was inserted by section 46(3) of the Building Safety Act 2022 (c. 30).
Section 52(1)(c) was amended by section 43 of, and paragraphs 1 and 10(1) and (2)(c) of Schedule 4 to, the Building Safety Act 2022 (c. 30).
Section 53(4A) was inserted by section 52(1) of the Building Safety Act 2022 (c. 30).
See section 53(7) of the 1984 Act for the definition of “original work” and section 53B(9) for the definition of “unfinished work”. Section 53(7) was substituted by section 51(1) of the Building Safety Act 2022 (c. 30).
Section 53D was inserted by section 51(2) of the Building Safety Act 2022 (c. 30).
Section 58U was inserted by section 42 of the Building Safety Act 2022 (c. 30).
Section 58V was inserted by section 42 of the Building Safety Act 2022 (c. 30).
Note there is no Form 6(W).