The Building (Approved Inspectors etc.) Regulations 2010
| Jurisdiction | UK Non-devolved |
| Citation | SI 2010/2215 |
| Year | 2010 |
2010 No. 2215
Building And Buildings, England And Wales
The Building (Approved Inspectors etc.) Regulations 2010
Made 6th September 2010
Laid before Parliament 9th September 2010
Coming into force 1st October 2010
The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to matters relating to the environment.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1(1), 2A, 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), 51A(2), (3), (5) and (6), 52(1) to (3), 53(2) and (4), 54(1) to (3) and (5), 56(1) and (2) and 126 of, paragraphs 1, 2, 3, 4, 4A, 7, 8, 9, 10 and 11(1)(a) of Schedule 1 to and Schedule 4 to the Building Act 19843:
PART 1
General
Citation and commencement
1. These Regulations may be cited as the Building (Approved Inspectors etc.) Regulations 2010 and shall come into force on 1st October 2010.
Interpretation
2.—(1) In these Regulations—
“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, J or L 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;
“designated body” has the meaning given in regulation 4;
“dwelling-house” does not include a flat or a building containing a flat;
“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 20104.
(2) Where any regulation requires the use of a numbered form in Schedule 1, 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 2
Grant and Withdrawal of Approval
Designation of bodies to approve inspectors
3. If it appears to the Secretary of State that a body might properly be designated as a body to approve inspectors the Secretary of State may, if the body consents, designate it for that purpose.
Approval of inspectors
4.—(1) Where the Secretary of State has designated a body in accordance with regulation 3 (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, the person’s 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, the person’s 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.
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 that inspector.
(3) The Secretary of State may withdraw the designation of a designated body by giving the body notice in writing, but—
(a)
(a) such withdrawal shall not affect the operation of any subsisting approval given by the body, and
(b)
(b) a subsisting approval may be withdrawn by the Secretary of State as if it had been given by the Secretary of State.
(4) Where an approved inspector is convicted of an offence under section 57 of the Act5(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 the 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 in accordance with regulation 3 for the purpose of approving inspectors, and
(b)
(b) a list of inspectors for the time being approved by the Secretary of State.
(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 under paragraph (1); 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 3
Supervision of Work by Approved Inspectors
Functions of approved inspectors
8.—(1) Subject to paragraph (2), an approved inspector by whom an initial notice has been given shall, so long as the notice continues in force, take such steps (which may include the making of tests of building work and the taking of samples of material) as are reasonable to enable the approved inspector to be satisfied within the limits of professional skill and care that—
(a)
(a) regulations 4 (requirements relating to building work), 6 (requirements relating to material change of use), 7 (materials and workmanship), 22 (requirements relating to a change to energy status), 23 (requirements relating to thermal elements), 26 (CO2 emission rates for new buildings), 28 (consequential improvements to energy performance), 36 (water efficiency of new dwellings), 38 (Fire safety information), 39 (information about ventilation) and 40 (information about use of fuel and power) of the Principal Regulations are complied with, and
(b)
(b) the requirements of regulation 20 of these Regulations (which applies regulations 20, 27, 29, 37, 41, 42, 43 and 44 of the Principal Regulations) are complied with.
(2) In a case where any requirement of Part L of Schedule 1 to the Principal Regulations is to be complied with by the insertion of insulating material into the cavity in a wall after that wall has been constructed, the approved inspector need not supervise the insertion of the insulating material but shall state in the final certificate whether or not at the date of that certificate the material has been inserted.
Independence of approved inspectors
9.—(1) Approved inspectors shall have no professional or financial interest in the work they supervise unless it is minor work.
(2) A person (“P”) 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) P is or has been responsible for the design or construction of any of the work in any capacity, or
(b)
(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)
(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)
(a) P shall be 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)
(b) in the case of married people or civil partners living together, the interest of one spouse or partner shall, if known to the other, be deemed to be also an interest of the other.
(4) For the purposes of this regulation—
(a)
(a) involvement in the work as an approved inspector,
(b)...
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