The Building Safety Act 2022 (Commencement No. 4, Transitional and Saving Provisions) (Wales) Regulations 2024

Transitional provision: approved inspectors who do not become registered building control approvers

4.—(1) This regulation applies where an approved inspector has not become a suitably qualified registered building control approver before 6 April 2024.

(2) Where an approved inspector is overseeing higher-risk building work before 6 April 2024, then—

(a) an approved inspector must not continue to oversee higher-risk building work on or after 6 April 2024;

(b) any initial notice submitted by the approved inspector in respect of higher-risk building work is cancelled;

(c) responsibility for overseeing higher-risk building work will transfer to the local authority.

(3) Where an approved inspector is overseeing building work that is not higher-risk building work, then—

(a) until but not including 1 October 2024, an approved inspector may continue to oversee building work;

(b) any initial notices submitted by the approved inspector will cease to be in force on 1 October 2024;

(c) any building work that is not completed before 1 October 2024 will transfer to the local authority unless a registered building control approver, who is not the same person as the approved inspector, has submitted a new initial notice for that work and the notice is accepted or is deemed to be accepted;

(d) until but not including 1 October 2024, an approved inspector may continue to issue a plans certificate(1), a final certificate(2), and an amendment notice(3) in respect of building work.

(4) Where an amendment notice is issued before 1 October 2024 and that notice changes the nature of the building work specified in the initial notice so that it becomes higher-risk building work, such work must be transferred to the local authority.

(1)

See the definition of “plans certificate” in section 50 of the Building Act 1984.

(2)

See the definition of “final certificate” in section 51 of the Building Act 1984.

(3)

See the definition of “amendment notice” in section 51A of the Building Act 1984.