PART 5E+W [F1Self-certification schemes [F2and third party certification schemes]]

Textual Amendments

F1Pt. 5 heading substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(4) (with reg. 1(3))

F2Words in Pt. 5 heading omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 6(1) (with reg. 29)

Provisions applicable to self-certification schemesE+W

20.—(1) This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3 and the work is carried out by a person who is described in the corresponding entry in column 2 of that Table in respect of that type of work.

[F3(1A) Where this regulation applies and the building work in question relates to a higher-risk building, the client must make the person carrying out the work aware that the building is a higher-risk building.]

(2) Where this regulation applies, the [F4local authority] [F4building control authority] are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been satisfied, a certificate to that effect by the person carrying out the work.

(3) Where this regulation applies, the person carrying out the work shall, not more than 30 days after the completion of the work—

(a)give to the occupier a copy of the certificate referred to in paragraph (2); and

(b)give to the [F5local authority] [F5building control authority]—

(i)notice to that effect, or

(ii)the certificate referred to in paragraph (2).

F6[F7(3A) A [F8local authority] [F8building control authority] shall store in a retrievable form copies of the notices and certificates given to it in accordance with paragraph (3)(b).

(3B) If the whole or part of the work was paid for using a green deal plan, the person carrying out the work must include—

(a)in the certificate referred to in paragraph (2); and

(b)in the notice given to the [F9local authority] [F9building control authority] referred to in paragraph (3)(b)(i),

a statement to that effect.

F10[F11(3C) Such a statement that relates to a part of the work must specify which part was paid for using the green deal plan.]

(3D) In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.] M1

(4) Paragraph (3) of this regulation does not apply where a person carries out any building work described in Schedule 4.

F12[F13(5) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with F14[F15, and the certificate shall contain this wording].

(6) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (5).]

[F16(6A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

Textual Amendments

F6Reg. 20(3A)-(3D) inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 1.10.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 11(a) (with reg. 1(2)(3))

F7Reg. 20(3A)-(3D) inserted (E., but only in relation to excepted energy buildings in W.) (28.1.2013 for specified purposes, 1.10.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 13(a), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F11Reg. 20(3C) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by virtue of The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(5)(a) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F12Reg. 20(5)(6) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 11(b) (with reg. 1(2)(3))

F13Reg. 20(5)(6) inserted (E., but only in relation to excepted energy buildings in W.) (28.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 13(b), Sch. 1 (with regs. 1(3), 45-47)

F14Words “, and the certificate shall contain this wording” in reg. 20(5) inserted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 6(2)(b) (with reg. 29)

F15Words in reg. 20(5) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by virtue of The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(5)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)

C1Reg. 20 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (W.) (25.4.2024) by S.I. 2024/447, regs. 1(1), 3(h) (with reg. 6))

Marginal Citations

F17[F18Provisions applicable to third party certification schemesE+W

20A.—(1) This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3A and the work is inspected by a third party certifier described in column 2 of that Table and appointed in accordance with regulation 12(6)(c).

[F19(1A) Where this regulation applies and the building work in question relates to a higher-risk building, the client must make the person carrying out the work aware that the building is a higher-risk building.]

(2) Where this regulation applies, the [F20building control authority] are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been complied with, a certificate to that effect by the third party certifier.

(3) Where this regulation applies, the person carrying out the building work must, not more than 7 days after the completion of the work, notify the third party certifier that the work has been completed.

(4) Where the third party certifier, having taken all reasonable steps to ascertain that it is the case, is satisfied within the limits of professional skill and care that the requirements of regulation 4 and 7 have been complied with, the third party certifier must, not more than 30 days after receiving notification of completion of the work under paragraph (3)—

(a)give the occupier a copy of the certificate referred to in paragraph (2); and

(b)give to the [F21building control authority]—

(i)notice to that effect, or

(ii)the certificate referred to in paragraph (2).

(5) If the third party certifier is unable to certify that the requirements of regulations 4 and 7 have been complied with and therefore cannot provide the certificate referred to in paragraph (2), the third party certifier must notify the [F22building control authority] to that effect.

(6) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

(7) The certificate shall include a statement describing its evidentiary effect, in terms substantially the same as paragraph (6).

[F23(7A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]]

Textual Amendments

F18Reg. 20A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(6) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)