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- Point in Time (01/10/2010)
- Original (As made)
Point in time view as at 01/10/2010.
There are currently no known outstanding effects for the The Building (Approved Inspectors etc.) Regulations 2010.
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Regulations 10(1), 11(1), 14(1)16(1), 18(4)-(6), 22(1), 25(1) and 27(1)
Regulations 10(3), 11(3) and 14(3)
1. The notice is not in the prescribed form.
2. No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.
3. The person who signed the notice as approved inspector is not an approved inspector.
4. Neither the notice nor the accompanying plans and documents include—
(a)the location and a description of the work, including the use of any building to which the work relates;
(b)information needed by the local authority to decide whether the notice is to be rejected on ground 10 or 11.
5. In the case of a notice signed by an inspector approved in accordance with regulation 4(1) by a designated body, the initial notice is not accompanied by a copy of the notice of the inspector's approval.
6. The notice is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work described in the notice.
7. The approved inspector will be obliged by regulation 12 to consult the fire and rescue authority before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.
8. The approved inspector will be obliged by regulation 13 to consult the sewerage undertaker before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.
9. Except where the work described in the notice is stated in it to be minor work within the meaning of regulation 9(5), the notice does not contain a declaration by the approved inspector that the approved inspector does not, and while the initial notice is in force will not, have any professional or financial interest in that work.
10. In the case of the erection or extension of a building, the local authority consider that, in order to comply with the requirements of Part H of Schedule 1 to the Principal Regulations, a proposed drain or private sewer must discharge to an existing sewer, but the statement accompanying the notice does not describe such an arrangement.
11. The local authority are not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations
12.—(1) Except where paragraph (2) applies, an initial notice (“an earlier notice”) has already been given in respect of any part of the work described in the notice.
(2) The ground in paragraph (1) does not apply if—
(a)an earlier notice has ceased to be in force and the local authority have taken no positive step to supervise the work described in it; or
(b)the notice is accompanied by an undertaking by the approved inspector who gave an earlier notice to the effect that the approved inspector will cancel that notice as soon as the initial notice under consideration is accepted.
Regulation 14(2) and (3)
1. The certificate is not in the prescribed form.
2. The certificate does not describe the work to which it relates.
3. The certificate does not specify the plans to which it relates.
4. Except where the plans certificate is combined with an initial notice, no initial notice was in force with respect to the work described in the certificate at the time the certificate was given.
5. 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.
6. The certificate is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work to which the certificate relates.
7. The approved inspector was obliged by regulation 12 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that the approved inspector has consulted them in accordance with that regulation.
8. The approved inspector was obliged by regulation 13 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that the approved inspector has consulted them in accordance with that regulation.
9. 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 the initial notice in question had any professional or financial interest in that work.
Regulation 16(1)
1. The certificate is not in the prescribed form.
2. The certificate does not describe the work to which it relates.
3. No initial notice was in force with respect to the work described in the certificate at the time the certificate was given.
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.
5. The certificate is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work to which the certificate relates.
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.
Regulations 22(3) and 25(3)
1. The notice is not in the prescribed form.
2. No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.
3. The body on behalf of which the notice was signed is not a public body within the meaning of section 54 of the Act.
4. Neither the notice nor the accompanying plans and documents include—
(a)the location and a description of the work, including the use of any building to which the work relates;
(b)information needed by the local authority to decide whether the notice is to be rejected on ground 7 or 8.
5. The public body will be obliged by regulation 23 to consult the fire and rescue authority before giving a public body's plans certificate or a public body's final certificate, and the notice does not contain an undertaking to do so.
6. The public body will be obliged by regulation 24 to consult the sewerage undertaker before giving a public body's plans certificate or a public body's final certificate, and the notice does not contain an undertaking to do so.
7. In the case of the erection or extension of a building, the local authority consider that, in order to comply with the requirements of Part H of Schedule 1 to the Principal Regulations, a proposed drain or private sewer must discharge to an existing sewer, but the statement accompanying the notice does not describe such an arrangement.
8. The local authority are not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations.
Regulations 25(2) and (3)
1. The certificate is not in the prescribed form.
2. The certificate does not describe the work to which it relates.
3. The certificate does not specify the plans to which it relates.
4. Except where the public body's plans certificate is combined with a public body's notice, no public body's notice was in force in respect of work described in the certificate at the time the certificate was given.
5. A public body's 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 or on behalf of the public body which gave that notice; or
(b)that body has ceased to be a public body within the meaning of section 54 of the Act.
6. The public body was obliged by regulation 23 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.
7. The public body was obliged by regulation 24 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.
Regulation 27(1)
1. The certificate is not in the prescribed form.
2. The certificate does not describe the work to which it relates.
3. No public body's notice was in force with respect to the work described in the certificate at the time the certificate was given.
4. A public body's notice was in force with respect to the work described in the certificate at the time when the certificate was given, but the certificate is not signed by or on behalf of the public body which gave that notice.
5. The public body was obliged by regulation 23 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that they were consulted in accordance with that regulation.
6. The public body was obliged by regulation 24 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.
Regulation 38(1)
Title | Reference | Extent of revocation |
---|---|---|
The Building (Approved Inspectors etc.) Regulations 2000 | S.I. 2000/2532 | The whole Regulations. |
The Building (Approved Inspectors etc.) (Amendment) Regulations 2001 | S.I. 2001/3336 | The whole Regulations. |
The Building (Approved Inspectors etc.) (Amendment) Regulations 2002 | S.I. 2002/2872 | The whole Regulations. |
The Building (Approved Inspectors etc.) (Amendment) Regulations 2004 | S.I. 2004/1466 | The whole Regulations. |
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2008 | S.I. 2008/2363 | Regulation 4. |
Regulation 38(2)
1. In the Building (Local Authority Charges) Regulations 2010 M1—E+W
(a)in regulation 2, in the definition of “the Approved Inspectors Regulations” for “2000” substitute “ 2010 ”;
(b)in regulation 8(1)(d)—
(i)in paragraph (i) for “20(2)(a)(i)” substitute “ 19(2)(a)(i) ”;
(ii)in paragraph (ii) for “20(3)” substitute “ 19(3) ”.
Marginal Citations
2. In the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 M2, in regulation 2(1), in the definition of “recommendation report” omit “or regulation 12(4) of the Building (Approved Inspectors etc.) Regulations 2000”.E+W
Marginal Citations
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