Building (Approved Inspectors etc.) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/1066 |
| Year | 1985 |
1985 No. 1066
BUILDING AND BUILDINGS
The Building (Approved Inspectors etc.) Regulations 198511thJuly 1985
17thJuly 1985
1stSeptember 1985Remainder11thNovember 1985
ARRANGEMENT OF REGULATIONS
PART I: GENERAL
1. Title, commencement and application.
2. Interpretation.
PART II: GRANT AND WITHDRAWAL OF APPROVAL
3. Approval of inspectors.
4. Designation of bodies to approve inspectors.
5. Manner of approval or designation.
6. Termination of approval or designation.
7. Lists of approvals and designations.
PART III: SUPERVISION OF WORK BY APPROVED INSPECTORS
8. Initial notice.
9. Independence of approved inspectors.
10. Functions of approved inspectors.
11. Consulting the fire authority.
PART IV: PLANS CERTIFICATES
12. Form of plans certificate.
13. Grounds and period for rejecting plans certificate.
14. Effect of plans certificate.
PART V: FINAL CERTIFICATES
15. Form, grounds and period for rejecting final certificate.
PART VI: CESSATION OF EFFECT OF INITIAL NOTICE
16. Events causing initial notice to cease to be in force.
17. Cancellation of initial notice.
18. Local authority powers in relation to partly completed work.
PART VII: PUBLIC BODIES
19. Approval of public bodies.
20. Public body's notice.
21. Consultation of fire authority by public body.
22. Public body's plans certificate.
23. Grounds and period for rejecting public body's plans certificate.
24. Effect of public body's plans certificate.
25. Public body's final certificate.
26. Events causing public body's notice to cease to be in force.
PART VIII: CERTIFICATES RELATING TO DEPOSITED PLANS
27. Certificates given under section 16(9) of the Act.
PART IX: REGISTERS
28. Register of notices and certificates.
PART X: EFFECT OF CONTRAVENING BUILDING REGULATIONS
29. Contravention of certain regulations not to be an offence.
SCHEDULES
SCHEDULE 1—ENABLING POWERS.
SCHEDULE 2—FORMS:
Form 1—Initial notice.
Form 2—Plans certificate.
Form 3—Combined initial notice and plans certificate.
Form 4—Final certificate.
Form 5—Notice of cancellation by approved inspector.
Form 6—Notice of cancellation by person carrying out work.
Form 7—Notice of cancellation by local authority.
Form 8—Public body's notice.
Form 9—Public body's plans certificate.
Form 10—Combined public body's notice and plans certificate.
Form 11—Public body's final certificate.
SCHEDULE 3—GROUNDS FOR REJECTING AN INITIAL NOTICE.
SCHEDULE 4—GROUNDS FOR REJECTING A PLANS CERTIFICATE.
SCHEDULE 5—GROUNDS FOR REJECTING A FINAL CERTIFICATE.
SCHEDULE 6—GROUNDS FOR REJECTING A PUBLIC BODY'S NOTICE.
SCHEDULE 7—GROUNDS FOR REJECTING A PUBLIC BODY'S PLANS CERTIFICATE.
SCHEDULE 8—GROUNDS FOR REJECTING A PUBLIC BODY'S FINAL CERTIFICATE.
The Secretary of State for the Environment, in exercise of the powers conferred on him by the provisions of the Building Act 1984(a) mentioned in Schedule 1 to these regulations and of all other powers enabling him in that behalf, hereby makes the following regulations:—
PART I: GENERAL
Title, commencement and application
1.— (1) These regulations may be cited as the Building (Approved Inspectors etc.) Regulations 1985.
(2) Regulations 1 to 7, 19, 27(1) and 29 of these regulations shall come into operation on 1st September 1985, and the remainder of the regulations shall come into operation on 11th November 1985.
(3) These regulations shall not apply in inner London.
Interpretation
2.— (1) In these regulations unless the context otherwise requires—
"the Act" means the Building Act 1984;
"building" means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to a part of a building;
"designated use" means a use for the time being designated under section 1 of the Fire Precautions Act 1971(b);
"flat" means separate and self-contained premises constructed or adapted for residential purposes and forming part of a building from some other part of which it is divided horizontally;
"fire authority" means the authority discharging in the area in which the premises are or are to be situated the functions of fire authority under the Fire Services Act 1947(c);
"material alteration" and "material change of use" have the meaning those expressions have in the principal regulations; and
"the principal regulations" means the Building Regulations 1985(d).
(2) Where any regulation requires the use of a numbered form in Schedule 2, a form substantially to the like effect may be used.
(3) Any reference in these regulations to the carrying out of work includes a reference to the making of a material change of use.
(a) 1984 c.55.
(b) 1971 c.40.
(c) 1947 c.41.
(d) S.I. 1985/1065.
(4) Where in these regulations reference is made to a period measured in working days, no account is to be taken in calculating that period of a Saturday, Sunday, Christmas Day, Good Friday, Bank holiday or day appointed for public thanksgiving or mourning.
PART II: GRANT AND WITHDRAWAL OF APPROVAL
Approval of inspectors
3.— (1) A body corporate seeking to be an approved inspector shall apply to the Secretary of State giving particulars of the number of people who will be employed in the discharge of its functions under these regulations, their qualifications and experience, and shall answer any inquiries he makes about those matters.
(2) A person other than a body corporate seeking to be an approved inspector shall apply to a body designated in accordance with regulation 4 giving particulars of his qualifications and experience, and shall answer any inquiries that body makes about those matters.
Designation of bodies to approve inspectors
4. If it appears to the Secretary of State that a body might properly be designated as a body to approve inspectors (referred to in these regulations as "a designated body") he may, if the body consents, designate it for that purpose.
Manner of approval or designation
5. The approval of an inspector or the designation of a body to approve inspectors shall be given to that person or body by a notice in writing specifying any limitation on the approval or designation.
Termination of approval or designation
6.— (1) The approval of an inspector given by a designated body shall cease to have effect at the end of a period of five years from the date on which it was given.
(2) The approval of an inspector may be withdrawn by a notice in writing given to the inspector by the person who approved him.
(3) The Secretary of State may withdraw the designation of a designated body by giving the body notice in writing, but—
(i) such withdrawal shall not affect the operation of any subsisting approval given by the body, and
(ii) a subsisting approval may be withdrawn by the Secretary of State as if it had been given by him.
(4) Where an approved inspector (other than a body corporate) is convicted of an offence under section 57 of the Act (false or misleading notices and certificates etc.), the body by whom the approval was given shall on receipt of a certificate of the conviction forthwith withdraw the approval and no further approval shall be given to that person for a period of five years beginning with the date of his conviction.
Lists of approvals and designations
7.— (1) The Secretary of State shall maintain—
(a) a list of bodies which are for the time being designated by him for the purpose of approving inspectors, and
(b) a list of inspectors for the time being approved by him.
(2) The Secretary of State shall—
(a) supply to every local authority in whose area these regulations apply a copy of the first lists of approved inspectors and designated bodies prepared by him under this regulation; and
(b) shall notify every such local authority as soon as may be of the withdrawal of any approval or designation and of any addition to the lists.
(3) A designated body shall—
(a) maintain a list of inspectors for the time being approved by it; and
(b) notify every local authority in whose area these regulations apply as soon as may be after withdrawing approval from any inspector.
(4) Lists maintained under this regulation shall set out any limitation placed on the approval or designation of the persons or bodies listed and shall indicate the date, if any, on which each approval will expire.
PART III: SUPERVISION OF WORK BY APPROVED INSPECTORS
Initial notice
8.— (1) The prescribed form of an initial notice shall be form 1 in Schedule 2 or, if it is combined with a plans certificate, form 3.
(2) An initial notice shall be accompanied by—
(a) the plans and documents described in the notes to those forms, and
(b) a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work described in the notice.
(3) The grounds on which a local authority are required to reject an initial notice are those prescribed in Schedule 3.
(4) The period within which a local authority may give notice of rejection of an initial notice is ten working days beginning with the day on which the notice is given.
Independence of approved inspectors
9.— (1) An approved inspector shall have no professional or financial interest in the work he supervises unless it is minor work.
(2) A person shall be regarded as having a professional or financial interest in the work described in any notice or certificate given under these regulations if—
(a) he is or has been responsible for the design or construction of any of the work in any capacity, or
(b) he or any nominee of his is a member, officer or employee of a company or other body which has a professional or financial interest in the work, or
(c) he 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) a person shall be treated as having a professional or financial interest in the work even if he has that interest only as trustee for the benefit of some other person,
(b) in the case of married people living together, the interest...
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