The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023

Review of regulator’s decisions under Part 2A of the Act

4.—(1) The following decisions are prescribed(1) for the purposes of section 25(1) of the 2022 Act—

(a) a decision not to register an individual as a registered building inspector under section 58C(3) of the Act;

(b) a decision, on the registration of a registered building inspector, for the registration to have effect in relation to work of a description which is different to that requested in the application;

(c) a decision, on the registration of a registered building inspector, for the registration to be subject to a condition;

(d) a decision not to register a person as a registered building control approver under section 58O(2) of the Act;

(e) a decision, on the registration of a registered building control approver, for the registration to have effect in relation to work of a description which is different to that requested in the application;

(f) a decision, on the registration of a registered building control approver, for the registration to be subject to a condition.

(2) The person prescribed for the purposes of section 25(2) of the 2022 Act in relation to the decisions referred to in paragraph (1) is the person who applied for registration in accordance with section 58D or, as the case may be, section 58P of the Act.

(3) For the purposes of section 25 of the 2022 Act, a person requiring the regulator(2) to carry out a review, or a person on their behalf, must give a notice to the regulator in writing within 21 relevant days beginning with the day after the day on which the decision referred to in paragraph (1) is notified to the person, containing the following information—

(a) the name, address, telephone number and (if available) email address for the person giving the notice;

(b) if the person giving the notice is doing so on behalf of a person who falls within the description in paragraph (2), the name and address of that person and a statement that the person giving the notice is authorised to give the notice on behalf of that person;

(c) a statement of the review being sought which—

(i) identifies the decision to be reviewed (including the date of the decision and any reference number included on the decision), and

(ii) sets out the reason the person considers the decision should be reviewed;

(d) any information that is available to the person giving the notice, that may have been relevant to the regulator’s original decision but was not available at the time the original decision was made.

(4) The regulator must give the person who required a review a notice setting out the outcome of the review within 28 relevant days beginning with the day after the day on which the person gives a notice under section 25(2) of the 2022 Act.

(5) Where the outcome of a review is to uphold the original decision, the regulator must set out its reasons in the notice required under paragraph (4).

(6) Where the outcome of a review is to vary the decision, the regulator must issue a new decision.

(7) If requested, by the person requiring the review, the regulator must provide a paper copy of the outcome of the review.

(1)

See section 30 of the Building Safety Act 2022 for the meaning of prescribed in relation to section 25.

(2)

See section 126 of the Building Act 1984 for the definition of “the regulator”.