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

Independence of approvers

3.—(1) Approvers must have no professional or financial interest in the work they supervise.

(2) A person (“P”) is regarded as having a professional or financial interest in the work described in any notice or certificate given under these Regulations if—

(a) P is or has been responsible for the design or construction of any of the work in any capacity,

(b) P or any nominee of P’s is a member, officer or employee of a company or other body which has a professional or financial interest in the work, or

(c) P is a partner or is in the employment of a person who has a professional or financial interest in the work.

(3) For the purposes of this regulation—

(a) P is treated as having a professional or financial interest in the work even if P has that interest only as trustee for the benefit of some other person,

(b) in the case of married persons or civil partners living together, the interest of one spouse or partner is, if known to the other, deemed to be also an interest of the other.

(4) For the purposes of this regulation the following are not to be regarded as a professional or financial interest—

(a) involvement in the work as an approver,

(b) entitlement to any fee paid for P’s function as an approver,

(c) entitlement to any fee paid for an employee of P carrying out a function as a registered building inspector(1), and

(d) potential liability to pay any sum if a claim is made under the insurance cover provided for the purposes of the 1984 Act.

(1)

For the definition of “registered building inspector” see section 58B of the Building Act 1984, which was inserted by section 42 of the Building Safety Act 2022.