Part 3

Building Act 1984

Building control approvers and building inspectors

Functions exercisable only through, or with advice of, registered building inspectors
44
1
The Building Act 1984 is amended as follows.
2
After section 46 insert—

Building control authorities: restricted activities and functions

Building control authorities: restricted activities and functions
46A
1
A building control authority may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the authority’s behalf, whose registration has effect in relation to work of that description.
2
Before each exercise of a restricted function in relation to any work, a building control authority must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.
3
The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the authority.
4
In this section—
- “restricted activity” means an activity that is prescribed for the purposes of this section;
- “restricted function” means a function of a building control authority under—
  1. this Part,
  2. Part 3, or
  3. regulations made under this Part or Part 3,
that is prescribed for the purposes of this section.
3
After section 54A (inserted by section 47) insert—

Registered building control approvers: restricted activities and functions

Registered building control approvers: restricted activities and functions
54B
1
This section applies to a registered building control approver who is not a registered building inspector.
2
The approver may carry out a restricted activity in relation to any work only through a registered building inspector, acting on the approver’s behalf, whose registration has effect in relation to work of that description.
3
Before each exercise of a restricted function in relation to any work, the approver must obtain and consider the advice of a registered building inspector whose registration has effect in relation to work of that description.
4
The registered building inspector who carries out the restricted activity, or advises on the exercise of the restricted function, may (but need not) be employed by the approver.
5
In this section—
- “restricted activity” means an activity that is prescribed for the purposes of this section;
- “restricted function” means a function of a registered building control approver under this Part, or regulations made under this Part, that is prescribed for the purposes of this section.
6
A registered building control approver who contravenes subsection (2) or (3) without reasonable excuse commits an offence.
7
An offence under this section is punishable on summary conviction by a fine.
S. 44 in force at 5.9.2023 for specified purposes for W. by S.I. 2023/914, reg. 2(b)(ix)
S. 44 not in force at Royal Assent, see s. 170(4)(b)(vi)(c)
S. 44 in force at 6.4.2023 for specified purposes except in relation to W. by S.I. 2023/362, reg. 3(1)(t)
S. 44 in force at 6.4.2024 for W. in so far as not already in force by S.I. 2024/207, reg. 2(d)(iv) (with regs. 3, 4, 8-12)
S. 44(3) in force at 6.4.2024 except in relation to W. by S.I. 2024/104, reg. 2(c) (with reg. 3)
S. 44(1) in force at 6.4.2024 in force in so far as not already in force except in relation to W. by S.I. 2024/104, reg. 2(c) (with reg. 3)