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Regulation 44 Completion certificate applications: decisionsI1

England and Wales

(1)

The regulator must approve a completion certificate application and issue a completion certificate, if it is satisfied, after taking all reasonable steps, that—

(a)

HRB work, stage of HRB work or work to existing HRB is completed and complies with all applicable requirements of the building regulations;

(b)

the documents and information listed in regulation 40(2)(a) to (d) (completion certificate applications) and submitted as part of the completion certificate application are complete and accurate;

(c)

the information required to be provided to the relevant person in accordance with regulation 38 (handover of information on completion etc) is complete and has been provided.

(2)

If the regulator is not satisfied in accordance with paragraph (1) it must reject the completion certificate application.

F1(2A)

Where the completion certificate application was required by regulation 40(1)(g) to include a levy liability statement, the regulator must reject the application unless a notice under regulation 63(4) of the BSL Regulations which states that the collecting authority agrees with the levy liability statement has been received from the collecting authority or, where there is more than one authority, such a notice has been received from each collecting authority.

(3)

The regulator must notify the applicant of the outcome of the application (and where the applicant is not the client, also give a copy of the notification to the client) within the period referred to in regulation 41 (completion certificate applications: validity and time limit).

(4)

A notice that the application has been rejected must give the reasons for rejection.

(5)

If the application is approved the regulator must issue a completion certificate for the higher-risk building at the same time as giving the notice of its decision under paragraph (3).

(6)

If requested by the applicant or the relevant person, the regulator must provide a paper copy of the completion certificate.

(7)

A certificate issued under this regulation is evidence (but not conclusive evidence) that all applicable requirements of the building regulations have been complied with in relation to the HRB work, the stage of HRB work or, as the case may be, the work to existing HRB.

(8)

The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (7).

(9)

When the completion certificate application is approved the client must ensure the relevant person (as defined in regulation 38 (handover of information on completion etc)) is sent—

(a)

a copy of the completion certificate application and each of the other documents which accompanied the application, and

(b)

a copy of the completion certificate.

Annotations

Textual amendments

F1

Reg. 44(2A) inserted (1.10.2026) by The Building Safety Levy (England) Regulations 2025 (S.I. 2025/1236), regs. 1(2), 62(2) (with reg. 1(5)(6))

Commencement

I1

Reg. 44 in force at 1.10.2023, see reg. 1(1)

Notes on Part 5

Modifications

C1

Pts. 2-6 excluded (temp.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 46(2)(c)