The Building (Approved Inspectors etc.) (Amendment) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

The Building (Approved Inspectors etc.) Regulations 2000 (S.I. 2000/2532 amended by S.I. 2001/3336) are principally concerned with the inspection of plans and of building work by approved inspectors in place of local authorities (as provided for in the Building Act 1984). These Regulations amend the 2000 Regulations in consequence of the amendments made to the Building Regulations 2000 (S.I. 2000/2531 amended by S.I. 2001/3335 and 2002/440) by the Building (Amendment) (No. 2) Regulations 2002 (S.I. 2002/2871) and in particular the substitution of Part E of Schedule 1 (resistance to the passage of sound).

New regulation 12A imposes a duty on persons carrying out building work to carry out sound insulation testing in certain circumstances where the work is the subject of an initial notice (regulation 2(3)). The new requirement matches an equivalent duty inserted in the Building Regulations 2000 which applies where building work is subject to local authority inspection.

Regulation 11 (functions of approved inspectors) is amended to include the requirements of regulation 12A amongst the requirements approved inspectors must check compliance with (regulation 2(2)).

Regulation 31 (contravention of certain regulations not to be an offence) is amended so that breach of regulation 12A is an offence under the Building Act 1984 (regulation 2(4)).

Regulations 3 and 4 contain transitional provisions.

The Secretary of State has approved, under section 6(1) of the Building Act 1984, a new approved document containing practical guidance with respect to the requirements contained in regulation 12A and Part E. “Approved Document E–Resistance to the passage of sound” (2003 Edition, ISBN 011 7536423, £14.00) will be published by The Stationery Office. The sound insulation testing procedure described in Appendix B to Approved Document E and the manner of recording test results set out in paragraph 1.41 of the Approved Document have been approved by the Secretary of State for the purposes of regulations 12A(2)(a) and (3)(a) respectively.

A regulatory impact assessment has been prepared in relation to the Building (Amendment) (No. 2) Regulations 2002 and these Regulations. A copy may be obtained from Building Regulations Division, ODPM, 18/B Portland House, Stag Place, London SW1E 5LP (Tel: [phone]; Fax [phone]; Email: [e-mail]).