The Building (Registered Building Control Approvers etc.) (England) Regulations 2024

PART 7 E+W Registers of notices etc. and registration of approvers

Register of notices and certificates E+W

30.—(1) The register which local authorities must keep under section 56 of the 1984 Act must contain the information set out in paragraph (2) with respect to—

(a) initial notices, amendment notices or notices under section 51C of the 1984 Act which are currently in force, and

(b) plans certificates, transfer certificates and transfer reports or final certificates which have been accepted or are presumed to have been accepted.

(2) The information to be registered is—

(a) the description of the work to which the notice or certificate relates and of the location of the work,

(b) the name and address of any person who signed the notice or certificate, and

(c) the date on which the notice or certificate was accepted or was presumed to have been accepted.

(3) A register must include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice or certificate relates.

(4) The information prescribed in paragraph (2) must be entered in the register as soon as practicable and in any event within 14 working days of the date the notice or certificate in question is given.

Commencement Information

I1 Reg. 30 in force at 6.4.2024, see reg. 1(3)

Registration periods E+W

31.—(1) For the purposes of section 58C(5) of the 1984 Act (registered building inspectors), the prescribed period is four years.

(2) For the purposes of section 58O(4) of the 1984 Act (registered building control approvers), the prescribed period is five years.

Commencement Information

I2 Reg. 31 in force at 6.4.2024, see reg. 1(3)

Notices to local authorities on disciplinary matters in relation to approvers E+W

32.—(1) For the purposes of section 58U(4) of the 1984 Act, the following cases are prescribed—

(a) where the disciplinary order provides for a variation to a person’s registration;

(b) where the disciplinary order provides for a suspension of a person’s registration, regardless of the length of the suspension;

(c) where the disciplinary order provides for a cancellation of a person’s registration.

(2) For the purposes of section 58V(4) of the 1984 Act, the following cases are prescribed—

(a) where the order provides for a suspension of a person’s registration, regardless of the length of the suspension;

(b) where such an order is revoked.

[F1 (3) For the purposes of section 58Z4(5) of the 1984 Act, the following cases are prescribed—

(a) any improvement notice given to a registered building control approver;

(b) where such a notice order is revoked.]

Textual Amendments

F1 Reg. 32(3) substituted (30.4.2024) by The Building (Registered Building Control Approvers etc.) (England) (Amendment) Regulations 2024 (S.I. 2024/474), regs. 1(3), 2(4)

Commencement Information

I3 Reg. 32 in force at 6.4.2024, see reg. 1(3)

Review of regulator’s decisions under Part 2A of the 1984 Act E+W

33.—(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 1984 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 1984 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 1984 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.

Commencement Information

I4 Reg. 33 in force at 6.4.2024, see reg. 1(3)

Appeal in relation to reviewed decisions E+W

34.—(1) A person may appeal to the First-tier Tribunal against the decision of the regulator of a kind referred to in regulation 33(1) (review of regulator’s decisions under Part 2A of the 1984 Act) provided that the appeal is made within 21 relevant days beginning with the day after the day on which the regulator notifies the person under regulation 33(4)(3).

(2) The First-tier Tribunal may allow an appeal under paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a) that the decision was based on an error of fact,

(b) that the decision was wrong in law,

(c) that the decision was unreasonable,

(d) that the decision was made without following the procedures set out in the 1984 Act or regulations made under the 1984 Act.

(3) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

Commencement Information

I5 Reg. 34 in force at 6.4.2024, see reg. 1(3)

(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”.

(3)

Section 26 of the Building Safety Act 2022 provides that a review under section 25 must have concluded before an appeal is made.