The Building (Approved Inspectors etc. ) Regulations 2010

[F1 Independence of [F2 approver]s E+W

9.— (1) [F2 Approver]s shall have no professional or financial interest in the work they supervise unless it is minor work.

(2) A person (“P”) shall be regarded as having a professional or financial interest in the work described in any notice or certificate given under these Regulations if—

(a) P is or has been responsible for the design or construction of any of the work in any capacity, or

(b) P or any nominee of P's is a member, officer or employee of a company or other body which has a professional or financial interest in the work, or

(c) P is a partner or is in the employment of a person who has a professional or financial interest in the work.

(3) For the purposes of this regulation—

(a) P shall be treated as having a professional or financial interest in the work even if P has that interest only as trustee for the benefit of some other person,

(b) in the case of married people or civil partners living together, the interest of one spouse or partner shall, if known to the other, be deemed to be also an interest of the other.

(4) For the purposes of this regulation—

(a) involvement in the work as an [F2 approver],

(b) entitlement to any fee paid for P's function as an [F2 approver], and

[F3 (c) in relation to Wales, potential liability to pay any sum if a claim is made under any insurance cover,]

shall not be regarded as constituting a professional or financial interest.

(5) For the purposes of this regulation “minor work” means—

(a) the material alteration or extension of a dwelling-house which before the work is carried out has two storeys or fewer and which afterwards has no more than three storeys;

(b) the provision, extension or material alteration of a controlled service or fitting in or in connection with any building; or

(c) work consisting of the underpinning of a building;

and for the purposes of this paragraph a basement is not to be regarded as a storey.]

Textual Amendments

F1 Regulations revoked (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 43(a)(i) (with regs. 44-47)

F2 Word in reg. 9 substituted (25.4.2024) by The Building Safety Act 2022 (Commencement No. 5 and Consequential Amendments) (Wales) Regulations 2024 (S.I. 2024/447), regs. 1(1), 3(c) (with reg. 6)

F3 Reg. 9(4)(c) substituted (W.) (28.7.2022) by The Building Safety Act 2022 (Consequential Amendments) (Approved Inspectors) (Wales) Regulations 2022 (S.I. 2022/767), regs. 1(3), 2(4)