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The Building (Approved Inspectors etc.) Regulations 2000

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Regulation 1

SCHEDULE 1REVOCATION OF REGULATIONS

TitleReferenceExtent of revocation
The Building (Approved Inspectors etc.) Regulations 1985S.I. 1985/1066The whole of the regulations
The Building (Inner London) Regulations 1985S.I. 1985/1936In regulation 2(1) the words “the Building (Approved Inspectors etc.) Regulations 1985” and paragraph 2 of Schedule 2
The Building (Inner London) Regulations 1987S.I. 1987/798In regulation 2(1) the words “the Building (Approved Inspectors etc.) Regulations 1985” and paragraph 2 of Schedule 2
The Building (Amendment) Regulations 1989S.I. 1989/1119Regulation 3
The Building (Approved Inspectors etc.) (Amendment) Regulations 1992S.I. 1992/740The whole of the regulations
The Building (Approved Inspectors etc.) (Amendment) Regulations 1995S.I. 1995/1387The whole of the regulations
The Building (Approved Inspectors etc.) (Amendment) Regulations 1996S.I. 1996/1906The whole of the regulations
The Building (Approved Inspectors etc.) (Amendment) Regulations 1998S.I. 1998/2332The whole of the regulations

Regulations 8(1), 9(1), 14, 17(1), 19(4), (5) and (6), 22(1), 24 and 27(1)

SCHEDULE 2FORMS

FORM 1Section 47 of the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 2Section 51A of the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 3Section 50 of the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 4Sections 47 and 50 of the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 5Section 51 of the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 6Section 52(1) of the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 7Section 52(3) of the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 8Section 52(5) of the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 9Section 54 of the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 10Paragraph 2 of Schedule 4 to the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 11Paragraph 2(2) of Schedule 4 to the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

FORM 12Paragraph 3 of Schedule 4 to the Building Act 1984 (“the Act”)The Building (Approved Inspectors etc.) Regulations 2000 (“the 2000 Regulations”)

Regulations 8(3), 9(3) and 15(2)

SCHEDULE 3GROUNDS FOR REJECTING AN INITIAL NOTICE, AN AMENDMENT NOTICE, OR A PLANS CERTIFICATE COMBINED WITH AN INITIAL NOTICE

Deficiencies in initial notice

Form

1.  The notice is not in the prescribed form.

Wrong local authority

2.  No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.

Capacity of approved inspector

3.  The person who signed the notice as approved inspector is not an approved inspector.

Deficiencies in information

Information about the proposed work

4.  Neither the notice nor the accompanying plans and documents include—

(a)the location and a description of the work, including the use of any building to which the work relates;

(b)information needed by the local authority to decide whether the notice is to be rejected on ground 9, 10 or 11.

Notice of approval

5.  In the case of a notice signed by an inspector approved in accordance with regulation 3(1) by a designated body, the initial notice is not accompanied by a copy of the notice of his approval.

Lack of declaration or undertakings

Insurance

6.  The notice is not accompanied by 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.

Fire authority

7.  The approved inspector will be obliged by regulation 13 to consult the fire authority before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.

Independence

8.  Except where the work described in the notice is stated in it to be minor work within the meaning of regulation 10(1), the notice does not contain a declaration by the approved inspector that he does not, and while the initial notice is in force will not, have any professional or financial interest in that work.

Deficiencies in the proposed work

Drain outfall

9.  In the case of the erection or extension of a building, the local authority are not satisfied that either—

(a)any proposed drain or private sewer will be deemed to be a satisfactory drain by virtue of section 21(4) and (5) of the Act, or

(b)in the particular case they may properly dispense with any provision for drainage.

Building over sewers

10.  The work described includes the erection of a building or extension over a sewer or drain shown on the relative map of sewers, and the local authority are not satisfied that in the circumstances of the particular case they may properly consent to the erection of the proposed building or extension either unconditionally or subject to compliance with any requirements imposed as a condition of accepting the notice.

Local enactments

11.  The local authority are not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations.

Overlap with earlier notice

Earlier notice

12.  (1)  Except where paragraph (2) applies, an initial notice (“an earlier notice”) has already been given in respect of any part of the work described in the notice.

(2) The ground in paragraph (1) does not apply if—

(a)an earlier notice has ceased to be in force and the local authority have taken no positive step to supervise the work described in it; or

(b)the notice is accompanied by an undertaking by the approved inspector who gave an earlier notice to the effect that he will cancel that notice as soon as the initial notice under consideration is accepted.

Regulations 15(1) and 15(2)

SCHEDULE 4GROUNDS FOR REJECTING A PLANS CERTIFICATE, OR A PLANS CERTIFICATE COMBINED WITH AN INITIAL NOTICE

Deficiencies in form and information

Form

1.  The certificate is not in the prescribed form.

Work

2.  The certificate does not describe the work to which it relates.

Plans

3.  The certificate does not specify the plans to which it relates.

Absence of power to give certificate

No initial notice

4.  Except where the plans certificate is combined with an initial notice, no initial notice was in force with respect to the work described in the certificate at the time the certificate was given.

Capacity of approved inspector

5.  An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but—

(a)the certificate is not signed by the approved inspector who gave that notice; or

(b)that person is no longer an approved inspector.

Lack of declarations

Insurance

6.  The certificate is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work to which the certificate relates.

Fire authority

7.  The approved inspector was obliged by regulation 13 to consult the fire authority before giving the certificate, but the certificate does not contain a declaration that he has consulted them in accordance with that regulation.

Independence

8.  Except where the work to which it relates is stated in the certificate to be minor work, within the meaning of regulation 10(1), the certificate does not contain a declaration by the approved inspector that he has not since giving the initial notice in question had any professional or financial interest in that work.

Regulation 17(1)

SCHEDULE 5GROUNDS FOR REJECTING A FINAL CERTIFICATE

Deficiencies in form and information

Form

1.  The certificate is not in the prescribed form.

Work

2.  The certificate does not describe the work to which it relates.

Absence of power to give certificate

No initial notice

3.  No initial notice was in force with respect to the work described in the certificate at the time the certificate was given.

Capacity of approved inspector

4.  An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but—

(a)the certificate is not signed by the approved inspector who gave that notice, or

(b)that person is no longer an approved inspector.

Lack of declarations

Insurance

5.  The certificate is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work to which the certificate relates.

Independence

6.  Except where the work to which it relates is stated in the certificate to be minor work within the meaning of regulation 10(1), the certificate does not contain a declaration by the approved inspector that he has not since giving that notice had any professional or financial interest in that work.

Regulations 22(3) and 25(2)

SCHEDULE 6GROUNDS FOR REJECTING A PUBLIC BODY'S NOTICE, OR A COMBINED PUBLIC BODY'S NOTICE AND PLANS CERTIFICATE

Deficiencies in public body’s notice

Form

1.  The notice is not in the prescribed form.

Wrong local authority

2.  No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.

Capacity of public body

3.  The body on behalf of which the notice was signed is not a public body within the meaning of section 54 of the Act.

Deficiencies in information

Information about the proposed work

4.  Neither the notice nor the accompanying plans and documents include—

(a)the location and a description of the work, including the use of any building to which the work relates;

(b)information needed by the local authority to decide whether the notice is to be rejected on ground 6, 7 or 8.

Lack of undertaking

Fire authority

5.  The public body will be obliged by regulation 23 to consult the fire authority before giving a public body’s plans certificate or a public body’s final certificate, and the notice does not contain an undertaking to do so.

Deficiencies in the proposed work

Drain outfall

6.  In the case of the erection or extension of a building, the local authority are not satisfied that either—

(a)any proposed drain or private sewer will be deemed to be a satisfactory drain by virtue of section 21(4) and (5) of the Act, or

(b)in the particular case they may properly dispense with any provision for drainage.

Building over sewers

7.  The work described includes the erection of a building or extension over a sewer or drain shown on the relative map of sewers, and the local authority are not satisfied that in the circumstances of the particular case they may properly consent to the erection of the proposed building or extension either unconditionally or subject to compliance with any requirements imposed as a condition of accepting the notice.

Local enactments

8.  The local authority are not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations.

Regulations 25(1) and 25(2)

SCHEDULE 7GROUNDS FOR REJECTING A PUBLIC BODY'S PLANS CERTIFICATE, OR A COMBINED PUBLIC BODY'S NOTICE AND PLANS CERTIFICATE

Deficiencies in form and information

Form

1.  The certificate is not in the prescribed form.

Work

2.  The certificate does not describe the work to which it relates.

Plans

3.  The certificate does not specify the plans to which it relates.

Absence of power to give certificate

No public body’s notice

4.  Except where the public body’s plans certificate is combined with a public body’s notice, no public body’s notice was in force in respect of work described in the certificate at the time the certificate was given.

Capacity of public body

5.  A public body’s notice was in force with respect to the work described in the certificate at the time the certificate was given, but—

(a)the certificate is not signed by or on behalf of the public body which gave that notice; or

(b)that body has ceased to be a public body within the meaning of section 54 of the Act.

Lack of declaration

Fire authority

6.  The public body was obliged by regulation 23 to consult the fire authority before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.

Regulation 27(1)

SCHEDULE 8GROUNDS FOR REJECTING A PUBLIC BODY'S FINAL CERTIFICATE

Deficiencies in form and information

Form

1.  The certificate is not in the prescribed form.

Work

2.  The certificate does not describe the work to which it relates.

Absence of power to give certificate

Capacity of public body

3.  No public body’s notice was in force with respect to the work described in the certificate at the time the certificate was given.

No proper signature

4.  A public body’s notice was in force with respect to the work described in the certificate at the time when the certificate was given, but the certificate is not signed by or on behalf of the public body which gave that notice.

Lack of declaration

Fire authority

5.  The public body was obliged by regulation 23 to consult the fire authority before giving the certificate, but the certificate does not contain a declaration that they were consulted in accordance with that regulation.

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