PART 5F10Self-certification schemes F1and third party certification schemes
Words 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 schemesC1C320
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.
F91A
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
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
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
a statement to that effect.
F6F223C
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.
6
The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (5).
F216A
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.
F2F23Provisions applicable to third party certification schemesC4C220A
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).
F191A
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 F13building 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 F5building 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 F16building 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).
F147A
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.
Pt. 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))