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The Building (Approved Inspectors etc. ) Regulations 2010

S.I. 2010/2215 · Made 6 September 2010 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2025.

Building And Buildings, England And Wales

Made 6th September 2010

Laid before Parliament 9th September 2010

Coming into force 1st October 2010

The Secretary of State is a Minister designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in 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 1984 M3:C1C2C3

Annotations to the whole text

Textual amendments

F1

Regulations revoked (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 43(a)(i) (with regs. 44-47)

Marginal citations

M1

S.I. 2008/301.

M2

1972 c.68.

M3

1984 c.55; section 126 is cited for the definition of “prescribed”. Section 1 was amended by section 1 of the Sustainable and Secure Buildings Act 2004 (c.22) and section 2A was inserted by section 4 of that Act; section 47(1) was amended by section 8 of the Sustainable and Secure Buildings Act 2004 and S.I. 1996/1905; sections 50(1) and 52(1) were amended, section 51(1) was substituted and section 51A was inserted by S.I. 1996/1905, and section 52(2) was amended by section 8 of the Sustainable and Secure Buildings Act 2004; section 56(1) and (2) was amended by S.I. 1996/1905 and is prospectively repealed by section 11 of the Sustainable and Secure Buildings Act 2004; paragraph 4A of Schedule 1 was inserted by section 8 of the Sustainable and Secure Buildings Act 2004; paragraph 7 of Schedule 1 was amended by section 3 of that Act and by section 11 of the Climate Change and Sustainable Energy Act 2006 (c.19); paragraph 8 of Schedule 1 was amended by section 3 of the Sustainable and Secure Buildings Act 2004 and by section 40 of the Flood and Water Management Act 2010 (c.29); paragraph 11(1)(a) of Schedule 1 was amended by S.I. 1986/452. Certain functions of a Minister of the Crown under the Building Act 1984 were transferred to the National Assembly for Wales constituted by the Government of Wales Act 1998 (c.38) by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as varied by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253) and have been transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32). Subject to certain exceptions and reservations, the remaining functions conferred on the Secretary of State by the Building Act 1984 are transferred to the Welsh Ministers, as far as they are exercisable in relation to Wales, by the Welsh Ministers (Transfer of Functions) (No.2) Order 2009 (S.I. 2009/3019) with effect from 31st December 2011.

Modifications

C1

Regulations continued (W.) (5.9.2023) by The Building Safety Act 2022 (Commencement No. 3, Transitional and Saving Provisions) (Wales) Regulations 2023 (S.I. 2023/914), regs. 9, 10

C2

Regulations continued (E.) (1.10.2023) by The Building Safety Act 2022 (Commencement No. 5 and Transitional Provisions) Regulations 2023 (S.I. 2023/993), reg. 9

C3

Regulations continued (6.4.2024) by The Building Safety Act 2022 (Commencement No. 4, Transitional and Saving Provisions) (Wales) Regulations 2024 (S.I. 2024/207), reg. 14

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: Grant and Withdrawal of Approval Repealed
  5. 3Designation of bodies to approve inspectors Repealed
  6. 4Approval of inspectors Repealed
  7. 5Manner of approval or designation Repealed
  8. 5AApproved inspector's insurance Repealed
  9. 6Termination of approval or designation Repealed
  10. 7Lists of approvals and designations Repealed
  11. Part 3: Supervision of Work by Approvers Repealed
  12. 8Functions of approvers Repealed
  13. 9Independence of approvers Repealed
  14. 10Form, grounds and period for rejecting initial notice Repealed
  15. 10AInvalid notices Repealed
  16. 11Form, grounds and period for rejecting amendment notice Repealed
  17. 12Approver's consultation with the fire and rescue authority Repealed
  18. 13Approver's consultation with the sewerage undertaker Repealed
  19. 14Form, grounds and period for rejecting plans certificate Repealed
  20. 15Effect of plans certificate Repealed
  21. 16Form, grounds and period for rejecting final certificate Repealed
  22. 16AForm of rejection notice and form of notice under section 51C of the Act Repealed
  23. 16BNotice before starting work and further notice when work is “commenced” etc. Repealed
  24. 16CLapse of initial notice: commencement of work Repealed
  25. 16DNotification of dutyholders Repealed
  26. 16ECompliance declarations Repealed
  27. 17Events causing initial notice to cease to be in force Repealed
  28. 18Cancellation of initial notice Repealed
  29. 18ACancellation of initial notice: notice of contravention of building regulations Repealed
  30. 19Local authority powers in relation to partly completed work Repealed
  31. 19APeriods within which information on work to which an initial notice relates must be provided Repealed
  32. Part 3A: Transfer of projects to another approver Repealed
  33. 19BSection 53(7): prescribed provision Repealed
  34. 19CInformation to be included in transfer certificates Repealed
  35. 19DPeriod for consideration of transfer certificate and report by local authority Repealed
  36. 19EGrounds for rejection of a transfer certificate and transfer report Repealed
  37. 19FCases where a further initial notice may be given after cancellation of an initial notice under section 53D Repealed
  38. Part 4: Application of Provisions of the Principal Regulations Repealed
  39. 20Application of regulations 20, 20A, 25A, 27, 27A, 27B, , 27C 29, 37, 41, 42, 43 , 44 and 44ZA of the Principal Regulations Repealed
  40. Part 5: Public Bodies Repealed
  41. 21Approval of public bodies Repealed
  42. 22Form, grounds and period for rejecting public body's notice Repealed
  43. 23Public body's consultation with the fire and rescue authority Repealed
  44. 24Public body's consultation with the sewerage undertaker Repealed
  45. 25Form, grounds and period for rejecting public body's plans certificate Repealed
  46. 26Effect of public body's plans certificate Repealed
  47. 27Form, grounds and period for rejecting public body's final certificate Repealed
  48. 28Events causing public body's notice to cease to be in force Repealed
  49. Part 6: Certificates Relating to Deposited Plans
  50. 29Certificates given under section 16(9) of the Act
  51. Part 6A: Appeals under Part 2 of the Act Repealed
  52. 29AAppeal under section 50(2) of the Act Repealed
  53. 29BAppeals under section 55 of the Act Repealed
  54. Part 7: Miscellaneous Provisions Repealed
  55. 30Register of notices and certificates Repealed
  56. 31Contravention of certain regulations not to be an offence Repealed
  57. 32Electronic service of documents Repealed
  58. 33Transitional provisions: interpretation Repealed
  59. 34Transitional provisions: work already started before 1st October 2010 Repealed
  60. 35Transitional provisions: work for which notification is not required Repealed
  61. 36Transitional provisions: notice given or plans deposited before 1st October 2010 Repealed
  62. 37Transitional and saving provisions: earlier Building Regulations Repealed
  63. 38Revocations and consequential amendments Repealed
  64. Signature
  65. Schedule 1: Forms Repealed
  66. Part: ... Repealed
  67. Part: ... Repealed
  68. Part: ... Repealed
  69. Part: ... Repealed
  70. Part: ... Repealed
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  83. Part: ... Repealed
  84. Part: ... Repealed
  85. Part: ... Repealed
  86. Part: ... Repealed
  87. Part: ... Repealed
  88. Schedule 2: Grounds for Rejecting an Initial Notice, an Amendment Notice, or a Plans Certificate Combined with an Initial Notice Repealed
  89. Part: Deficiencies in initial notice Repealed
  90. 1Form Repealed
  91. 2Wrong local authority Repealed
  92. 3Capacity of approver Repealed
  93. Part: Deficiencies in information Repealed
  94. 4Information about the proposed work Repealed
  95. 5Notice of approval Repealed
  96. Part: Lack of declaration or undertakings Repealed
  97. 6Insurance Repealed
  98. 7Fire and rescue authority Repealed
  99. 8Sewerage undertaker Repealed
  100. 9Independence Repealed
  101. Part: Deficiencies in the proposed work Repealed
  102. 10Drain connection Repealed
  103. 11Local enactments Repealed
  104. 11AParagraph 11A Repealed
  105. Part: Overlap with earlier notice Repealed
  106. 12Earlier notice Repealed
  107. Schedule 3: Grounds for Rejecting a Plans Certificate, or a Plans Certificate Combined with an Initial Notice Repealed
  108. Part: Deficiencies in form and information Repealed
  109. 1Form Repealed
  110. 2Work Repealed
  111. 2AOptional requirements Repealed
  112. 3Plans Repealed
  113. Part: Absence of power to give certificate Repealed
  114. 4No initial notice Repealed
  115. 5Capacity of approver Repealed
  116. Part: Lack of declarations Repealed
  117. 6Insurance Repealed
  118. 7Fire and rescue authority Repealed
  119. 8Sewerage undertaker Repealed
  120. 9Independence Repealed
  121. Schedule 3A: Grounds for rejecting a transfer certificate and transfer report Repealed
  122. 1Required information Repealed
  123. 2Required information Repealed
  124. 3Wrong local authority Repealed
  125. 4No initial notice Repealed
  126. 5Capacity of approver Repealed
  127. 6Breach of section 54B Repealed
  128. 7Earlier notice / accepted transfer certificate and transfer report Repealed
  129. 8Local authority action and offence committed under section 35(1) of the Act Repealed
  130. 9Failure to provide information requested Repealed
  131. 10Failure to comply with prescribed timescales Repealed
  132. Schedule 4: Grounds for Rejecting a Final Certificate Repealed
  133. Part: Deficiencies in form and information Repealed
  134. 1Form Repealed
  135. 2Work Repealed
  136. 2AOptional requirements Repealed
  137. Part: Absence of power to give certificate Repealed
  138. 3No initial notice Repealed
  139. 4Capacity of approver Repealed
  140. 4ALack of fire safety information confirmation Repealed
  141. Part: Lack of declarations Repealed
  142. 5Insurance Repealed
  143. 6Independence Repealed
  144. Schedule 5: Grounds for Rejecting a Public Body's Notice, or a Combined Public Body's Notice and Plans Certificate Repealed
  145. Part: Deficiencies in public body's notice Repealed
  146. 1Form Repealed
  147. 2Wrong local authority Repealed
  148. 3Capacity of public body Repealed
  149. Part: Deficiencies in information Repealed
  150. 4Information about the proposed work Repealed
  151. Part: Lack of undertaking Repealed
  152. 5Fire and rescue authority Repealed
  153. 6Sewerage undertaker Repealed
  154. Part: Deficiencies in the proposed work Repealed
  155. 7Drain connection Repealed
  156. 8Local enactments Repealed
  157. Schedule 6: Grounds for Rejecting a Public Body's Plans Certificate, or a Combined Public Body's Notice and Plans Certificate Repealed
  158. Part: Deficiencies in form and information Repealed
  159. 1Form Repealed
  160. 2Work Repealed
  161. 2AOptional requirements Repealed
  162. 3Plans Repealed
  163. Part: Absence of power to give certificate Repealed
  164. 4No public body's notice Repealed
  165. 5Capacity of public body Repealed
  166. Part: Lack of declaration Repealed
  167. 6Fire and rescue authority Repealed
  168. 7Sewerage undertaker Repealed
  169. Schedule 7: Grounds for Rejecting a Public Body's Final Certificate Repealed
  170. Part: Deficiencies in form and information Repealed
  171. 1Form Repealed
  172. 2Work Repealed
  173. 2AOptional requirements Repealed
  174. Part: Absence of power to give certificate Repealed
  175. 3Capacity of public body Repealed
  176. 4No proper signature Repealed
  177. Part: Lack of declaration Repealed
  178. 5Fire and rescue authority Repealed
  179. 6Sewerage undertaker Repealed
  180. Schedule 8Revocation of Regulations Repealed
  181. Schedule 9: Consequential Amendments Repealed
  182. 1Paragraph 1 Repealed
  183. 2Paragraph 2 Repealed
  184. Explanatory note