The Building (Approved Inspectors etc.) Regulations 2000

Independence of approved inspectors

10.—(1) For the purposes of this regulation “minor work” means—

(a) the material alteration or extension of a dwelling-house which before the work is carried out has two storeys or less and which afterwards has no more than three storeys; or

(b) the provision, extension or material alteration of a controlled service or fitting in or in connection with any building; or

(c) work consisting of the underpinning of a building;

and for the purposes of this paragraph a basement is not to be regarded as a storey.

(2) An approved inspector shall have no professional or financial interest in the work he supervises unless it is minor work.

(3) A person shall be regarded as having a professional or financial interest in the work described in any notice or certificate given under these Regulations if—

(a) he is or has been responsible for the design or construction of any of the work in any capacity, or

(b) he or any nominee of his is a member, officer or employee of a company or other body which has a professional or financial interest in the work, or

(c) he is a partner or is in the employment of a person who has a professional or financial interest in the work.

(4) For the purposes of this regulation—

(a) a person shall be treated as having a professional or financial interest in the work even if he has that interest only as trustee for the benefit of some other person,

(b) in the case of married people living together, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.

(5) For the purposes of this regulation—

(a) involvement in the work as an approved inspector,

(b) entitlement to any fee paid for his function as an approved inspector, and

(c) potential liability to pay any sum if a claim is made under the insurance cover provided for the purposes of the Act,

shall not be regarded as constituting a professional or financial interest.