The Building (Approved Inspectors etc. ) Regulations 2010

F1PART 1E+WGeneral

Textual Amendments

Citation and commencementE+W

F11.  These Regulations may be cited as the Building (Approved Inspectors etc.) Regulations 2010 and shall come into force on 1st October 2010.

InterpretationE+W

F12.—(1) In these Regulations—

“the Act” means the Building Act 1984;

[F2“approver” means a registered building control approver within the meaning of section 58N of the Act;]

“building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;

“building work” has the meaning given in regulation 3(1) of the Principal Regulations;

“controlled service or fitting” means a service or fitting in relation to which Part G, H, J or L of Schedule 1 to the Principal Regulations imposes a requirement;

“day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday;

“designated body” has the meaning given in regulation 4;

“dwelling-house” does not include a flat or a building containing a flat;

“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;

“material alteration” has the meaning given in regulation 3(2) of the Principal Regulations;

“material change of use” has the meaning given in regulation 5 of the Principal Regulations;

“the Principal Regulations” means the Building Regulations 2010M1.

(2) Where any regulation requires the use of a numbered form in Schedule 1, a form substantially to the like effect may be used.

(3) Any reference in these Regulations to the carrying out of work includes a reference to the making of a material change of use.

(4) Any reference in these Regulations to an initial notice (whether or not combined with a plans certificate) shall in an appropriate case be construed as a reference to that initial notice as amended by an amendment notice which has been accepted by a local authority.

Textual Amendments

Marginal Citations

F3PART 2E+WGrant and Withdrawal of Approval

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Textual Amendments

F3PART 3E+WSupervision of Work by Approvers

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F3PART 3AE+WTransfer of projects to another approver

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F3PART 4E+WApplication of Provisions of the Principal Regulations

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F3PART 5E+WPublic Bodies

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F1PART 6E+WCertificates Relating to Deposited Plans

Certificates given under section 16(9) of the ActE+W

F129.—(1) Regulations 3 to 7 shall apply in relation to—

(a)the approval and the termination of approval of persons to certify plans in accordance with section 16(9) of the Act, and

(b)the designation and the termination of designation of bodies to approve such persons,

as they do in relation to the approval of inspectors and the designation of bodies to approve inspectors respectively.

(2) Regulations 4 and 6 of the Principal Regulations are prescribed for the purposes of section 16(9) of the Act insofar as either requires compliance with—

(a)Part A (structure) of Schedule 1 to the Principal Regulations, and

(b)Part L (conservation of fuel and power) of Schedule 1 to the Principal Regulations.

(3) Where deposited plans are accompanied by a certificate as mentioned in section 16(9) of the Act, the evidence of insurance required by that provision is a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the certificate which accompanies the plans.

(4) For the purposes of section 16(9) of the Act, the circumstances in which the local authority may reject deposited plans on the grounds referred to in section 16(9)(i) or (ii) are where—

(a)the certificate states that the work shown in the plans complies with the requirements of Part A (structure) of Schedule 1 to the Principal Regulations;

(b)paragraph A3 of that Schedule applies to the work shown in the plans; and

(c)the certificate does not contain a declaration that the person giving the certificate does not, and will not until the work is complete, have a professional or financial interest in the work.

(5) The provisions of regulation 9(1) to (4) shall have effect for the purpose of determining whether a person has a professional or financial interest in the work shown in the plans as if references in those provisions to approved inspectors were references to persons approved for the purposes of section 16(9) of the Act.

F4PART 6AE+WAppeals under Part 2 of the Act

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Textual Amendments

F5PART 7E+WMiscellaneous Provisions

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Textual Amendments

Signed by authority of the Secretary of State

Andrew Stunell

Parliamentary Under Secretary of State

Department for Communities and Local Government