Building Safety Act 2022

44 Functions exercisable only through, or with advice of, registered building inspectors E+W

(1) The Building Act 1984 is amended as follows.

(2) After section 46 insert—

“Building control authorities: restricted activities and functions E+W

46A Building control authorities: restricted activities and functions

(1) A building control authority may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the authority’s behalf, whose registration has effect in relation to work of that description.

(2) Before each exercise of a restricted function in relation to any work, a building control authority must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.

(3) The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the authority.

(4) In this section—

• “restricted activity” means an activity that is prescribed for the purposes of this section;

• “restricted function” means a function of a building control authority under—

  (a)

  this Part,

  (b)

  Part 3, or

  (c)

  regulations made under this Part or Part 3,

  that is prescribed for the purposes of this section.”

(3) After section 54A (inserted by section 47) insert—

“Registered building control approvers: restricted activities and functions E+W

54B Registered building control approvers: restricted activities and functions

(1) This section applies to a registered building control approver who is not a registered building inspector.

(2) The approver may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the approver’s behalf, whose registration has effect in relation to work of that description.

(3) Before each exercise of a restricted function in relation to any work, the approver must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.

(4) The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the approver.

(5) In this section—

• “restricted activity” means an activity that is prescribed for the purposes of this section;

• “restricted function” means a function of a registered building control approver under this Part, or regulations made under this Part, that is prescribed for the purposes of this section.

(6) A registered building control approver who contravenes subsection (2) or (3) without reasonable excuse commits an offence.

(7) An offence under this section is punishable on summary conviction by a fine.”

Commencement Information

I1 S. 44 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)

I2 S. 44 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(t)

I3 S. 44 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(ix)

I4 S. 44 in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(iv) (with regs. 3, 4, 8-12)

I5 S. 44(1) in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(c) (with reg. 3)

I6 S. 44(3) in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(c) (with reg. 3)