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The Building (Approved Inspectors etc. ) Regulations 2010
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- UK Statutory Instruments
- 2010 No. 2215
- PART 3
- Regulation 18
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Changes over time for: Section 18
Version Superseded: 06/04/2024
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Cancellation of initial noticeE
This section has no associated Explanatory Memorandum
18.—(1) An approved inspector who is of the opinion that any of the work described in an initial notice which has been carried out contravenes any provision of building regulations may give notice in writing to the person carrying out the work specifying—
(a)the requirement of building regulations which in the approved inspector's opinion has not been complied with, and
(b)the location of the work which contravenes that requirement.
(2) A notice of contravention given in accordance with paragraph (1) shall inform the person carrying out the work that if within the prescribed period that person has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations, the approved inspector will cancel the initial notice.
[F1(2A) An approved inspector who is of the opinion that in relation to any of the work described in an initial notice there has been a contravention of any provision of Part 2A of the Principal Regulations (except regulations 11D(3)(a), 11D(8) and 11D(9)) may give notice in writing to the client specifying—
(a)the requirement of building regulations which in the approved inspector’s opinion has not been complied with, and
(b)the location of the work to which the contravention relates.
(2B) A notice of contravention given in accordance with paragraph (2A) must inform the client that if within the prescribed period the client has not effected such alterations to the arrangements for carrying out the work and such improvements to the competence of persons carrying out the work (or as the case may be, the client), the principal contractor or principal designer as may be necessary to ensure the carrying out of the work complies with provisions of the building regulations referred to in paragraph (1), the approved inspector will cancel the initial notice.]
[F2(3) The period within which the person carrying out the work or, as the case may be, the client is to remedy the contravention as described in paragraph (2) or (2A) is three months beginning with the day on which the notice is given.]
(4) Form 6 in Schedule 1 is the form of notice to be given by an approved inspector to cancel an initial notice in accordance with section 52(1) of the Act in circumstances referred to in section 52(2) of the Act; where notice of a contravention has been given under that subsection and no further initial notice relating to the work has been accepted, that notice shall specify the contravention.
(5) Form 7 in Schedule 1 is the form of notice to be given by a person carrying out or intending to carry out work to cancel an initial notice in accordance with section 52(3) of the Act.
(6) Form 8 in Schedule 1 is the form of notice to be given by the local authority to cancel an initial notice in accordance with section 52(5) of the Act.
[F3(7) Form 8A in Schedule 1 is the form of notice to be given by an approved inspector to cancel an initial notice in accordance with section 52A(1) of the Act.
(8) Form 8B in Schedule 1 is the form of notice to be given by a person carrying out or intending to carry out work to cancel an initial notice in accordance with section 52A(2) of the Act.
(9) Form 8C in Schedule 1 is the form of notice to be given by a local authority to cancel an initial notice in accordance with section 52A(4) of the Act.]
Extent Information
E1This version of this provision applies to England only; a separate version has been created for Wales only
Textual Amendments
F1Reg. 18(2A)(2B) inserted (E.) (1.10.2023) by The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023 (S.I. 2023/906), regs. 1(2), 12(2) (with regs. 20, 23-25)
F2Reg. 18(3) substituted (E.) (1.10.2023) by The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023 (S.I. 2023/906), regs. 1(2), 12(3) (with regs. 20, 23-25)
F3Reg. 18(7)-(9) inserted (E.) (1.10.2023) by The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023 (S.I. 2023/906), regs. 1(2), 12(4) (with regs. 23-25)
Cancellation of initial noticeW
18.—(1) An approved inspector who is of the opinion that any of the work described in an initial notice which has been carried out contravenes any provision of building regulations may give notice in writing to the person carrying out the work specifying—
(a)the requirement of building regulations which in the approved inspector's opinion has not been complied with, and
(b)the location of the work which contravenes that requirement.
(2) A notice of contravention given in accordance with paragraph (1) shall inform the person carrying out the work that if within the prescribed period that person has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations, the approved inspector will cancel the initial notice.
(3) The period within which the person carrying out the work is to remedy the contravention as described in paragraph (2) is three months beginning with the day on which the notice is given.
(4) Form 6 in Schedule 1 is the form of notice to be given by an approved inspector to cancel an initial notice in accordance with section 52(1) of the Act in circumstances referred to in section 52(2) of the Act; where notice of a contravention has been given under that subsection and no further initial notice relating to the work has been accepted, that notice shall specify the contravention.
(5) Form 7 in Schedule 1 is the form of notice to be given by a person carrying out or intending to carry out work to cancel an initial notice in accordance with section 52(3) of the Act.
(6) Form 8 in Schedule 1 is the form of notice to be given by the local authority to cancel an initial notice in accordance with section 52(5) of the Act.
Extent Information
E2This version of this provision applies to Wales only; a separate version has been created for England only
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