The Building (Approved Inspectors etc.) Regulations 2010

Regulation 16(1)

SCHEDULE 4E+WGrounds for Rejecting a Final Certificate

This schedule has no associated Explanatory Memorandum

Deficiencies in form and informationE+W

FormE+W

1.  The certificate is not in the prescribed form.

WorkE+W

2.  The certificate does not describe the work to which it relates.

[F1Optional requirementsE+W

2A.  The certificate does not contain information—

(a)whether or not the work concerns a new dwelling; or

(b)in the case of a new dwelling, information whether or not one or more, and if so which, of the following optional requirements applies to the building work—

(i)regulation 36(2)(b) (optional water efficiency requirement of 110 litres per person per day),

(ii)Schedule 1 Part M optional requirement M4(2) (category 2- accessible and adaptable dwellings),

(iii)Schedule 1 Part M optional requirement M4(3) (category 3- wheelchair user dwellings).]

Textual Amendments

F1Sch. 4 para. 2A inserted (E.) (W. but only in relation to excepted energy buildings) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 3(6) (with regs. 1(3), 4)

Absence of power to give certificateE+W

No initial noticeE+W

3.  No initial notice was in force with respect to the work described in the certificate at the time the certificate was given.

Capacity of approved inspectorE+W

4.  An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but—

(a)the certificate is not signed by the approved inspector who gave that notice, or

(b)that person is no longer an approved inspector.

Lack of declarationsE+W

InsuranceE+W

5.  [F2In the case of a certificate dated on or after 6th April 2013, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Secretary of State in relation to the work to which the certificate relates, the local authority believe that this is not the case.]

[F2In the case of a certificate dated on or after 10 February 2014, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Welsh Ministers in relation to the work to which the certificate relates, the local authority believe that this is not the case.]

Textual Amendments

F2Sch. 4 para. 5 substituted (W. but not in relation to excepted energy buildings) (10.2.2014) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014 (S.I. 2014/58), regs. 1(4), 9 (with reg. 1(2)(3))

IndependenceE+W

6.  Except where the work to which it relates is stated in the certificate to be minor work within the meaning of regulation 9(5), the certificate does not contain a declaration by the approved inspector that the approved inspector has not since giving that notice had any professional or financial interest in that work.