The Building (Approved Inspectors etc.) (Amendment) (England) Regulations 2022

Statutory Instruments

2022 No. 718

Building And Buildings, England

The Building (Approved Inspectors etc.) (Amendment) (England) Regulations 2022

Made

29th June 2022

Laid before Parliament

5th July 2022

Coming into force - -

28th July 2022

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1, 47(1), (2) and (5), 49(5), 50(1), (4) and (6), 51(1) and (2), and 51A(2), (3) and (6) of, and paragraphs 2 and 10 of Schedule 1 to, the Building Act 1984(1).

Citation, extent and commencement

1.—(1) These Regulations may be cited as the Building (Approved Inspectors etc.) (Amendment) (England) Regulations 2022.

(2) These Regulations extend to England and Wales.

(3) These Regulations come into force on 28th July 2022.

Amendment of the Building (Approved Inspectors etc.) Regulations 2010

2.—(1) The Building (Approved Inspectors etc.) Regulations 2010(2) are amended in accordance with the following paragraphs.

(2) Regulation 5A (approved inspector’s insurance) is omitted.

(3) In regulation 7 (lists of approvals and designations)—

(a) in paragraph (1)(c), omit paragraph (ii) and “, and” before it;

(b) in paragraph (3)(aa), omit paragraph (ii).

(4) In regulation 9(4) (independence of approved inspectors) for “the insurance cover provided for the purposes of the Act” substitute “any insurance cover relating to P’s function as an approved inspector”.

(5) In Schedule 1 (forms)—

(a) in Form 1 (initial notice), for paragraph 14 substitute—

“14.   A copy of the notice of approval as an approved inspector under regulation 5 of the Regulations in relation to the work described in this initial notice is on the register kept by the body designated under regulation 3 of the Regulations.”

(b) in Form 2 (amendment notice), for paragraph 14 substitute—

“14.   A copy of the notice of approval as an approved inspector under regulation 5 of the Regulations in relation to the work described in the initial notice (as varied by this amendment notice) is on the register kept by the body designated under regulation 3 of the Regulations.”

(c) in Form 3 (plans certificate), for paragraph 6 substitute—

“6.   A copy of the notice of approval as an approved inspector under regulation 5 of the Regulations in relation to the work described in this plans certificate is on the register kept by the body designated under regulation 3 of the Regulations.”

(d) in Form 4 (combined initial notice and plans certificate), for paragraph 18 substitute—

“18.   A copy of the notice of approval as an approved inspector under regulation 5 of the Regulations in relation to the work described in this initial notice is on the register kept by the body designated under regulation 3 of the Regulations.”

(e) in Form 5 (final certificate), for paragraph 8 substitute—

“8.   A copy of the notice of approval as an approved inspector under regulation 5 of the Regulations in relation to the work described in this final certificate is on the register kept by the body designated under regulation 3 of the Regulations.”

(6) In Schedule 2 (grounds for rejecting an initial notice etc), omit paragraph 6.

(7) In Schedule 3 (grounds for rejecting a plans certificate etc), omit paragraph 6.

(8) In Schedule 4 (grounds for rejecting a final certificate), omit paragraph 5.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Greenhalgh

Minister for Building Safety and Fire

Department for Levelling Up, Housing and Communities

29th June 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215) (“the 2010 Regulations”). The amendments in this instrument follow on from the repeals to the Building Act 1984 set out in section 48 (removal of insurance requirements) of the Building Safety Act 2022 (c. 30).

Regulation 2(2) omits regulation 5A (approved inspector’s insurance) from the 2010 Regulations. Regulation 2(3) makes amendments to regulation 7 of the 2010 Regulations which are consequential on regulation 5A being omitted. Regulation 2(4) amends regulation 9(4). Regulation 2(5) amends the forms in Schedule 1 to the 2010 Regulations so the forms no longer refer to the declaration of insurance. Regulation 2(6) to (8) amend Schedules 2, 3 and 4 to the 2010 Regulations to remove from each of the schedules the ground of rejection relating to the declaration of insurance.

An impact assessment is available with the explanatory memorandum for these Regulations at www.legislation.gov.uk.

(1)

1984 c. 55. Section 1 was amended by section 1(1) of the Sustainable and Secure Buildings Act 2004 (c. 22); section 47(1) was amended by S.I. 1996/1905, section 8 of the Sustainable and Secure Buildings Act 2004 and section 48 of the Building Safety Act 2022 (c. 30); sections 50(1) and 52(1) were amended and section 51(1) was substituted by S.I. 1996/1905; and section 51A was inserted by S.I. 1996/1905 and amended by section 48 of the Building Safety Act 2022.

(2)

S.I. 2010/2215. Relevant amending instruments are S.I. 2012/3119, 2013/747, 2013/2730, 2014/110, 2014/579, 2016/285, 2016/611, 2018/558, 2021/1391 and 2021/1392.