Explanatory note

These Regulations amend the Building (Approved Inspectors etc.) Regulations 1985.

Regulation 3 replaces the duty to withdraw the approval of an approved inspector where he has been convicted of an offence under section 57 (false or misleading notices and certificates etc.) of the Building Act 1984 with a discretion to do so. The discretion applies to an approved inspector whether or not it is a body corporate.

Regulations 4, 8 and 9 amend certain time limits.

Regulation 5 amends regulation 9 of the 1985 Regulations so as to allow an approved inspector to supervise work involving the underpinning of a building in which he has a professional or financial interest.

Regulation 6 amends the functions of an approved inspector so as to include a duty to ensure that new regulation 10A is complied with.

Regulation 7 introduces a new regulation 10A which places a duty on a person who is carrying out building work in certain circumstances to calculate an energy rating and to notify the approved inspector of that energy rating. The procedure described in Appendix G to Approved Document L (Conservation of fuel and power 1995 edition which is obtainable from HMSO) will be approved by the Secretary of State as a means of calculating the energy rating required by new regulation 10A.

Regulation 10 amends regulation 17(1) of the 1985 Regulations so as to replace the duty of the approved inspector to issue a notice where there is in his opinion a contravention of the building regulations with a discretion to do so.

Regulation 11 removes references to section 24 of the 1984 Act the requirements of which are now contained in building regulations.

Regulation 12 excludes new regulation 10A from designation as a regulation to which section 35 of the 1984 Act does not apply.

Regulation 13 removes the requirement for an approved inspector to certify in the final certificate that the work covered by the certificate does not include any building or extension over a sewer or that he has consulted the fire authority in accordance with regulation 11 of the 1985 Regulations.

Regulation 14 contains transitional provisions.