Regulations 10(1), 11(1), 14(1)16(1), 18(4)-(6), 22(1), 25(1) and 27(1)
Textual Amendments
F1Regulations 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)
F2Sch. 1 Forms 1-12 as they applied to buildings in Wales other than excepted energy buildings at the date of the amending Regulations substituted in relation to excepted energy buildings (W.) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 22 (with reg. 29)
[Editorial note: The substitution of Sch. 1 Forms 1-12 by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), reg. 3(3), Sch. 2, which applied in relation to England, did not apply in relation to any building in Wales other than an excepted energy building. Since 8.6.2018 The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), reg. 22 provided that the existing forms as they applied to buildings in Wales other than excepted energy buildings are now substituted in relation to excepted energy buildings. Therefore the substitution of the forms by S.I. 2015/767 is superseded and the original forms shown below apply in relation to Wales as amended by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747) and The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014 (S.I. 2014/58) as follows:
Sch. 1 Form 1 (now Form 1(W)) para. 4(a)(b) omitted (W.) (10.2.2014) by virtue of S.I. 2014/58, regs. 1(4), 6(2)(a) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form 1(W) dated 6.4.2024]
Sch. 1 Form 1 (now Form 1(W)) paras. 12, 13 inserted (W.) (10.2.2014) by S.I. 2014/58, regs. 1(4), 6(2)(b) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form 1(W) dated 6.4.2024]
Sch. 1 Form 2 (now Form 2(W)) para. 3(b)(d) omitted (W.) (10.2.2014) by virtue of S.I. 2014/58, regs. 1(4), 6(3)(a) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form 2(W) dated 6.4.2024]
Sch. 1 Form 2 (now Form 2(W)) paras. 12, 13 inserted (W.) (10.2.2014) by S.I. 2014/58, regs. 1(4), 6(3)(b) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form 2(W) dated 6.4.2024]
Sch. 1 Form 2 (now Form 2(W)) Note (11) inserted (W.) (10.2.2014) by S.I. 2014/58, regs. 1(4), 6(3)(c) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form 2(W) dated 6.4.2024]
Sch. 1 Form 3 (now Form 3(W)) para. 3 substituted (W.) (10.2.2014) by S.I. 2014/58, regs. 1(4), 6(4) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form 3(W) dated 6.4.2024]
Sch. 1 Form 4 (now Form 4(W)) para. 4(a)(b) omitted (W.) (10.2.2014) by virtue of S.I. 2014/58, regs. 1(4), 6(5)(a) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form 4(W) dated 6.4.2024]
Sch. 1 Form 4 (now Form 4(W)) paras. 16, 17 inserted (W.) (10.2.2014) by S.I. 2014/58, regs. 1(4), 6(5)(b) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form 4(W) dated 6.4.2024]
Sch. 1 Form 5 (now Form 5(W)) para. 6 substituted (W.) (10.2.2014) by S.I. 2014/58, regs. 1(4), 6(6) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form 5(W) dated 6.4.2024]
Sch. 1 Form 5 (now Form 5(W)) para. 9 inserted (W.) (19.4.2013) by S.I. 2013/747, regs. 1(4), 33(2) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form 5(W) dated 6.4.2024]
Sch. 1 Form 12 (now Form PB4(W)) para. 7 inserted (W.) (19.4.2013) by S.I. 2013/747, regs. 1(4), 33(2) (with reg. 1(2)(3)) [Editorial note: this amendment has not been incorporated in the version of the image of Form PB4(W) dated 6.4.2024]]
F3Sch. 1 Form 1 (now Form 1(W)) para. 13 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(5)(a) [Editorial note: this amendment has not been incorporated in the version of the image of Form 1(W) dated 6.4.2024]
F4Sch. 1 Form 2 (now Form 2(W)) para. 13 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(5)(b) [Editorial note: this amendment has not been incorporated in the version of the image of Form 2(W) dated 6.4.2024]
F5Sch. 1 Form 3 (now Form 3(W)) para. 3 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(5)(c) [Editorial note: this amendment has not been incorporated in the version of the image of Form 3(W) dated 6.4.2024]
F6Sch. 1 Form 4 (now Form 4(W)) para. 17 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(5)(d) [Editorial note: this amendment has not been incorporated in the version of the image of Form 4(W) dated 6.4.2024]
F7Sch. 1 Form 5 (now Form 5(W)) para. 6 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(5)(e) [Editorial note: this amendment has not been incorporated in the version of the image of Form 5(W) dated 6.4.2024]
F8Sch. 1 Form 1 renumbered as Form 1(W) (6.4.2024) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 3(1) [Editorial note: this amendment has been incorporated in the version of the image of Form 1(W) dated 6.4.2024]
F9Sch. 1 Form 2 renumbered as Form 2(W) (6.4.2024) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 3(2) [Editorial note: this amendment has been incorporated in the version of the image of Form 2(W) dated 6.4.2024]
F10Sch. 1 Form 3 renumbered as Form 3(W) (6.4.2024) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 3(3) [Editorial note: this amendment has been incorporated in the version of the image of Form 3(W) dated 6.4.2024]
F11Sch. 1 Form 4 renumbered as Form 4(W) (6.4.2024) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 3(4) [Editorial note: this amendment has been incorporated in the version of the image of Form 4(W) dated 6.4.2024]
F12Sch. 1 Form 5 renumbered as Form 5(W) (6.4.2024) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 3(5) [Editorial note: this amendment has been incorporated in the version of the image of Form 5(W) dated 6.4.2024]
F13Sch. 1 Form 9 renumbered as Form PB1(W) (6.4.2024) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 3(6) [Editorial note: this amendment has been incorporated in the version of the image of Form PB1(W) dated 6.4.2024]
F14Sch. 1 Form 10 renumbered as Form PB2(W) (6.4.2024) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 3(7) [Editorial note: this amendment has been incorporated in the version of the image of Form PB2(W) dated 6.4.2024]
F15Sch. 1 Form 11 renumbered as Form PB3(W) (6.4.2024) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 3(8) [Editorial note: this amendment has been incorporated in the version of the image of Form PB3(W) dated 6.4.2024]
F16Sch. 1 Form 12 renumbered as Form PB4(W) (6.4.2024) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 3(9) [Editorial note: this amendment has been incorporated in the version of the image of Form PB4(W) dated 6.4.2024]
F17Sch. 1 Form 1 (now Form 1(W)): before the signature block, the words “I (the registered building control approver) confirm that none of the work to which this notice relates is higher-risk building work.” are inserted as a final paragraph (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 10(a) (with reg. 12) [Editorial note: this amendment has not been incorporated in the version of the image of Form 1(W) dated 6.4.2024]
F18Sch. 1 Form 2 (now Form 2(W)): before the signature block, the words “I (the registered building control approver) confirm that none of the work to which this notice relates is higher-risk building work.” are inserted as a final paragraph (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 10(b) (with reg. 12) [Editorial note: this amendment has not been incorporated in the version of the image of Form 2(W) dated 6.4.2024]
F19Sch. 1 Form 3 (now Form 3(W)): before the signature block, the words “I (the registered building control approver) confirm that none of the work to which this certificate relates is higher-risk building work.” are inserted as a final paragraph (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 10(c) (with reg. 12) [Editorial note: this amendment has not been incorporated in the version of the image of Form 3(W) dated 6.4.2024]
F20Sch. 1 Form 4 (now Form 4(W)): before the signature block, the words “I (the registered building control approver) confirm that none of the work to which this notice relates is higher-risk building work.” are inserted as a final paragraph (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 10(d) (with reg. 12) [Editorial note: this amendment has not been incorporated in the version of the image of Form 4(W) dated 6.4.2024]
F21Sch. 1 Form 5 (now Form 5(W)): before the signature block, the words “I (the registered building control approver) confirm that none of the work to which this certificate relates is higher-risk building work.” are inserted as a final paragraph (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 10(e) (with reg. 12) [Editorial note: this amendment has not been incorporated in the version of the image of Form 5(W) dated 6.4.2024]
F22Sch. 1 Forms 6-8 omitted (6.4.2024) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), regs. 1(1), 10(f) (with reg. 12)
F23Sch. 1 Form 7(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 1
F24Sch. 1 Form 8(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 1
F25Sch. 1 Form 9(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 1
F26Sch. 1 Form 10(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 1
F27Sch. 1 Form 11(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 1
F28Sch. 1 Form 12(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 1
F29Sch. 1 Form 13(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 1
F30Sch. 1 Form 14(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 1
F31Sch. 1 Form 15(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 1
F32Sch. 1 Form 16(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 1
F33Sch. 1 Form 17(W) inserted (6.4.2024) by The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (S.I. 2024/244), reg. 1(1), Sch. 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 [F34approver] is not an [F34approver].
Textual Amendments
F34Word in Sch. 2 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(l) (with reg. 6)
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.
F35F365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Sch. 2 para. 5 omitted (E.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 42(a), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)
F36Sch. 2 para. 5 omitted (W.) (10.2.2014) by virtue of The Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014 (S.I. 2014/58), regs. 1(4), 7(a) (with reg. 1(2)(3))
F37F386. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F37Sch. 2 para. 6 omitted (E.) (28.7.2022) by virtue of The Building (Approved Inspectors etc.) (Amendment) (England) Regulations 2022 (S.I. 2022/718), regs. 1(3), 2(6)
F38Sch. 2 para. 6 omitted (W.) (28.7.2022) by virtue of The Building Safety Act 2022 (Consequential Amendments) (Approved Inspectors) (Wales) Regulations 2022 (S.I. 2022/767), regs. 1(3), 2(6)
7. The [F34approver] 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.
Textual Amendments
F34Word in Sch. 2 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(l) (with reg. 6)
8. The [F34approver] 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.
Textual Amendments
F34Word in Sch. 2 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(l) (with reg. 6)
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 [F34approver] that the [F34approver] does not, and while the initial notice is in force will not, have any professional or financial interest in that work.
Textual Amendments
F34Word in Sch. 2 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(l) (with reg. 6)
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
F111A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 [F34approver] who gave an earlier notice to the effect that the [F34approver] will cancel that notice as soon as the initial notice under consideration is accepted.
Textual Amendments
F34Word in Sch. 2 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(l) (with reg. 6)
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.
F12A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 [F39approver] who gave that notice; or
(b)that person is no longer an [F39approver].
Textual Amendments
F39Word in Sch. 3 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(m) (with reg. 6)
F40F416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F40Sch. 3 para. 6 omitted (E.) (28.7.2022) by virtue of The Building (Approved Inspectors etc.) (Amendment) (England) Regulations 2022 (S.I. 2022/718), regs. 1(3), 2(7)
F41Sch. 3 para. 6 omitted (W.) (28.7.2022) by virtue of The Building Safety Act 2022 (Consequential Amendments) (Approved Inspectors) (Wales) Regulations 2022 (S.I. 2022/767), regs. 1(3), 2(7)
7. The [F39approver] 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 [F39approver] has consulted them in accordance with that regulation.
Textual Amendments
F39Word in Sch. 3 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(m) (with reg. 6)
8. The [F39approver] was obliged by regulation 13 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that the [F39approver] has consulted them in accordance with that regulation.
Textual Amendments
F39Word in Sch. 3 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(m) (with reg. 6)
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 [F39approver] that the approved inspector has not since giving the initial notice in question had any professional or financial interest in that work.
Textual Amendments
F39Word in Sch. 3 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(m) (with reg. 6)
Regulation 19E
Textual Amendments
1. The transfer certificate does not include the information required by regulation 19C (information to be included in transfer certificates).
2. Either the transfer certificate or transfer report do not include information required by any provision of the Act.
3. No part of the unfinished work described in the transfer certificate is to be carried out in the area of the local authority to whom the transfer certificate has been given.
4. No new initial notice under section 53(7)(a) of the Act was in force with respect to the work described in the transfer certificate at the time the transfer certificate was given.
5. A new initial notice was in force with respect to the unfinished work described in the transfer certificate at the time the certificate was given, but—
(a)the certificate is not signed by the approver who gave the new initial notice,
(b)the person who signed the certificate is not an approver on the date the certificate is rejected, or
(c)where they are an approver, their registration does not include all the work described in the certificate.
6. The person specified in the certificate as the registered building inspector who gave advice in relation to that certificate—
(a)was not a registered building inspector on the date the certificate was submitted, or
(b)was a registered building inspector on that date but their registration did not include all the work described in the certificate.
7.—(1) Except where paragraph (2) applies, a new initial notice under section 53(7)(a) of the Act (“an earlier notice”) has already been given in respect of any part of the unfinished 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 approver which gave an earlier notice to the effect that the approver will cancel that notice as soon as the initial notice under consideration is accepted.
(3) A transfer certificate and transfer report have already been accepted.
8.—(1) The local authority has given a section 36 notice in relation to the unfinished work.
(2) The local authority received an application in relation to the whole or part of the unfinished work in accordance with regulation 18 of the Principal Regulations.
(3) The local authority has otherwise taken any positive step to supervise the unfinished work.
(4) The person submitting the transfer certificate and transfer report has committed an offence under section 35(1) of the Act.
9. The approver has been given a request under section 53C(4) of the Act but failed to provide the information within the period referred to in that section.
10. The transfer certificate and transfer report have not been submitted before the end of the relevant period in accordance with section 53B(3) of the Act.]
Regulation 16(1)
1. The certificate is not in the prescribed form.
2. The certificate does not describe the work to which it relates.
F12A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 [F43approver] who gave that notice, or
(b)that person is no longer an [F43approver].
Textual Amendments
F43Word in Sch. 4 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(n) (with reg. 6)
F14A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44F455. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F44Sch. 4 para. 5 omitted (E.) (28.7.2022) by virtue of The Building (Approved Inspectors etc.) (Amendment) (England) Regulations 2022 (S.I. 2022/718), regs. 1(3), 2(8)
F45Sch. 4 para. 5 omitted (W.) (28.7.2022) by virtue of The Building Safety Act 2022 (Consequential Amendments) (Approved Inspectors) (Wales) Regulations 2022 (S.I. 2022/767), regs. 1(3), 2(8)
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 [F43approver] that the [F43approver] has not since giving that notice had any professional or financial interest in that work.
Textual Amendments
F43Word in Sch. 4 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(n) (with reg. 6)
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.
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F12A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F12A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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