Part II Supervision of Building Work etc. otherwise than by F1Local AuthoritiesF1BUILDING CONTROL AUTHORITIES
Supervision of plans and work by approved inspectors
49 Approved inspectors.
1
In this Act, “approved inspector” means a person who, in accordance with building regulations, is approved for the purposes of this Part of this Act—
a
by the Secretary of State, or
b
by a body (corporate or unincorporated) that, in accordance with the regulations, is designated by the Secretary of State for the purpose.
2
Any such approval as is referred to in subsection (1) above may limit the description of work in relation to which the person concerned is an approved inspector.
3
Any such designation as is referred to in subsection (1)(b) above may limit the cases in which and the terms on which the body designated may approve a person and, in particular, may provide that any approval given by the body shall be limited as mentioned in subsection (2) above.
4
There shall be paid on an application for any such approval as is referred to in subsection (1) above—
a
where the application is made to the Secretary of State, such fee as may be prescribed,
b
where the application is made to a body designated by him as mentioned in that subsection, such fee as that body may determine.
5
Building regulations may—
a
contain provision prescribing the period for which, subject to any provision made by virtue of paragraph (b) or (c) below, any such approval as is referred to in subsection (1) above continues in force,
b
contain provision precluding the giving of, or requiring the withdrawal of, any such approval as is referred to in subsection (1) above in such circumstances as may be prescribed,
c
contain provision authorising the withdrawal of any such approval or designation as is referred to in subsection (1) above,
d
provide for the maintenance—
i
by the Secretary of State of a list of bodies that are for the time being designated by him as mentioned in subsection (1) above, and
ii
by the Secretary of State and by each designated body of a list of persons for the time being approved by him or them as mentioned in that subsection,
e
make provision for the supply to local authorities of copies of any list of approved inspectors maintained by virtue of paragraph (d) above and for such copy lists to be made available for inspection, and
f
make provision for the supply, on payment of a prescribed fee, of a certified copy of any entry in a list maintained by virtue of paragraph (d) above or in a copy list held by a local authority by virtue of paragraph (e) above.
6
Unless the contrary is proved, in any proceedings (whether civil or criminal) a document that appears to the court to be a certified copy of an entry either in a list maintained as mentioned in subsection (5)(d) above or in a copy of such a list supplied as mentioned in subsection (5)(e) above—
a
is presumed to be a true copy of an entry in the current list so maintained, and
b
is evidence of the matters stated in it.
7
An approved inspector may make such charges in respect of the carrying out of the functions referred to in section 47(1) above as may in any particular case be agreed between him and the person who intends to carry out the work in question or, as the case may be, by whom that work is being or has been carried out.
8
Nothing in this Part of this Act prevents an approved inspector from arranging for plans or work to be inspected on his behalf by another person; but such a deletation—
a
shall not extend to the giving of a certificate under section 50 or 51 below, and
b
shall not affect any liability, whether civil or criminal, of the approved inspector which arises out of functions conferred on him by this Part of this Act or by building regulations,
and, without prejudice to the generality of paragraph (b) above, an approved inspector is liable for negligence on the part of a person carrying out an inspection on his behalf in like manner as if it were negligence by a servant of his acting in the course of his employment.
Words in Pt. 2 heading substituted (1.10.2023 except in relation to W., 6.4.2024 for W.) by Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 39; S.I. 2023/993, reg. 2(n)(xii) (with reg. 4); S.I. 2024/207, reg. 2(d)(xi), Sch. (with regs. 3, 4, 8-12)