Building (Approved Inspectors etc.) Regulations 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/2532 |
| Year | 2000 |
2000 No. 2532
BUILDING AND BUILDINGS ENGLAND AND WALES
The Building (Approved Inspectors etc.) Regulations 2000
Made 13th September 2000
Laid before Parliament 22th September 2000
Coming into force 1st January 2001
The Secretary of State, in exercise of the powers conferred on him by sections 1(1), 16(9), 17(1) and (6), 35, 47(1) to (5), 49(1) and (5), 50(1), (4), (6) and (7), 51(1) and (2), 52(1) to (3) and (5), 53(2) and (4), 54(1) to (3) and (5), and 56(1) and (2) of, and Schedule 1 and Schedule 4 to, the Building Act 19841, and of all other powers enabling him in that behalf, after consulting the Building Regulations Advisory Committee and such other bodies as appear to him to be representative of the interests concerned in accordance with section 14(3) of that Act, hereby makes the following Regulations:—
PART I
GENERAL
Citation, commencement and revocations
1. These Regulations may be cited as the Building (Approved Inspectors etc.) Regulations 2000 and shall come into force on 1st January 2001 on which date the regulations specified in Schedule 1 shall be revoked.
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 part of a building;
“building work” has the meaning given in regulation 3(1) of the Principal Regulations;
“controlled service or fitting” means a service or fitting in relation to which Part G, H or J of Schedule 1 to the Principal Regulations imposes a requirement;
“day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday;
“dwelling” includes a dwelling-house and a flat;
“dwelling-house” does not include a flat or a building containing a flat;
“energy rating” of a dwelling means a numerical indication of the overall energy efficiency of that dwelling obtained by the application of a procedure approved by the Secretary of State under regulation 16(2) of the Principal Regulations;
“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 19472;
“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;
“material alteration” has the meaning given in regulation 3(2) of the Principal Regulations;
“material change of use” has the meaning given in regulation 5 of the Principal Regulations;
“the Principal Regulations” means the Building Regulations 20003.
(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.
(4) Any reference in these Regulations to an initial notice (whether or not combined with a plans certificate) shall in an appropriate case be construed as a reference to that initial notice as amended by an amendment notice which has been accepted by a local authority.
PART II
GRANT AND WITHDRAWAL OF APPROVAL
Approval of inspectors
3.—(1) Where the Secretary of State has designated a body in accordance with regulation 4 (referred to in these Regulations as a “designated body”), a person seeking to be an approved inspector shall apply to a designated body giving particulars of—
(a)
(a) in the case of a person other than a body corporate, his qualifications and experience; and
(b)
(b) in the case of a body corporate, the number, qualifications and experience of the people to be employed in the discharge of its functions under these Regulations,
and the person shall answer any inquiries which that designated body makes about those matters.
(2) Where there is no designated body, a person seeking to be an approved inspector shall apply to the Secretary of State giving particulars of—
(a)
(a) in the case of a person other than a body corporate, his qualifications and experience; and
(b)
(b) in the case of a body corporate, the number, qualifications and experience of the people to be employed in the discharge of its functions under these Regulations,
and the person shall answer any inquiries which the Secretary of State 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 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 or by the Secretary of State 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)
(i) such withdrawal shall not affect the operation of any subsisting approval given by the body, and
(ii)
(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 is convicted of an offence under section 57 of the Act (false or misleading notices and certificates etc.), the person by whom the approval was given may on receipt of a certificate of the conviction forthwith withdraw the approval and no further approval shall be given to an approved inspector whose approval has been withdrawn 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) a list of bodies which are for the time being designated by him for the purpose of approving inspectors, and
(b)
(b) a list of inspectors for the time being approved by him.
(2) The Secretary of State shall—
(a)
(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)
(b) notify every such local authority as soon as practicable of the withdrawal of any approval or designation and of any addition to the lists.
(3) A designated body shall—
(a)
(a) maintain a list of inspectors for the time being approved by it; and
(b)
(b) notify every local authority in whose area these Regulations apply as soon as practicable 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 on which each approval will expire.
PART III
SUPERVISION OF WORK BY APPROVED INSPECTORS
Initial notice
8.—(1) The prescribed form of an initial notice4—
(a)
(a) which is not combined with a plans certificate, shall be form 1 in Schedule 2; or
(b)
(b) which is combined with a plans certificate, shall be form 4 in Schedule 2.
(2) An initial notice shall be accompanied by the plans and documents described in the relevant form prescribed by paragraph (1).
(3) The grounds on which a local authority shall 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 five days beginning with the day on which the notice is given.
Amendment notice
9.—(1) The prescribed form of an amendment notice5shall be form 2 in Schedule 2.
(2) An amendment notice shall be accompanied by the plans and documents described in the form prescribed by paragraph (1).
(3) The grounds on which a local authority shall reject an amendment notice are those prescribed in paragraphs 1 to 11 of Schedule 3.
(4) The period within which a local authority may give notice of rejection of an amendment notice is five days beginning with the day on which the notice is given.
Independence of approved inspectors
10.—(1) For the purposes of this regulation “minor work” means—
(a)
(a) the material alteration or extension of a dwelling-house which before the work is carried out has two storeys or less and which afterwards has no more than three storeys; or
(b)
(b) the provision, extension or material alteration of a controlled service or fitting in or in connection with any building; or
(c)
(c) work consisting of the underpinning of a building;
and for the purposes of this paragraph a basement is not to be regarded as a storey.
(2) An approved inspector shall have no professional or financial interest in the work he supervises unless it is minor work.
(3) 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)
(a) he is or has been responsible for the design or construction of any of the work in any capacity, or
(b)
(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)
(c) he is a partner or is in the employment of a person who has a professional or financial...
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