The Building Safety Act 2022 (Commencement No. 5 and Transitional Provisions) Regulations 2023

Transitional provisions in relation to approved inspectors

8.—(1) Until 6th April 2024, notwithstanding the amendments in section 46 of the 2022 Act, sections 52A and 55(2A) and (2E) of the 1984 Act have effect as if any reference to a registered building control approver were a reference to an approved inspector.

(2) Until 6th April 2024, notwithstanding the amendments in paragraph 8 of Schedule 6 to the 2022 Act, section 50(2) of the 1984 Act has effect as if any reference to a registered building control approver were a reference to an approved inspector.

(3) Where before 6th April 2024 an approved inspector who gave an initial notice has become a suitably qualified registered building control approver, then with effect from 6th April 2024 any initial notice given by the approved inspector before that date is treated as if it were given instead by that person in their capacity as a registered building control approver.

(4) For the purposes of paragraph (3), a registered building control approver is suitably qualified if the work to which the initial notice relates is within the scope of the registration of the registered building control approver.

(5) Subject to paragraph (6), where an initial notice has been given by an approved inspector before 6th April 2024 and any of the building work described in the initial notice given has not been given a final certificate before 1st October 2024 then, for the purposes of section 47(4)(b)(ii) of the 1984 Act, the initial notice ceases to be in force with effect from 1st October 2024.

(6) Paragraph (5) does not apply to any initial notice which is treated as given by a registered building control approver by virtue of paragraph (3).

(7) In this regulation—

“approved inspector” has the meaning in section 49 of the 1984 Act;

“final certificate” has the meaning in section 51 of the 1984 Act.