The Building (Registered Building Control Approvers etc.) (England) Regulations 2024
S.I. 2024/110 · Made 28 January 2024 · Extends to England and Wales
Building And Buildings, England
Made 28th January 2024
Laid before Parliament 1st February 2024
Coming into force - - 6th April 2024
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1(1), 2A, 34, 35(2), 35B(7), 47(1) to (5), 50(1A), (1D), (4), (6), (7) and (7A), 51(1) and (2), 51A(2), (3), (5) and (6), 52(1), (2), (3), (5A) and (7), 52A(1), (2) and (4), 53(2), (4), (4B), (4C) and (7), 53A(6), 53B(5), 53C(3), 53D(2), (3) and (5), 56(1), 58C(5), 58O(4), 58U(4), 58V(4) and 92(2) of, and paragraphs 1, 1A, 1D, 1F, 1G, 1I, 5B, 7, 8 and 10 of Schedule 1 to, the Building Act 1984f1 and sections 25(1) to (3) and (7), 41 and 166(1) of the Building Safety Act 2022f2.
In accordance with section 120B(3) of the Building Act 1984f3 and section 7(4) of the Building Safety Act 2022, the Secretary of State has consulted the building safety regulator and such other persons as the Secretary of State considers appropriate.
Annotations to the whole text
Footnotes
- f1
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1984 c. 55. Section 1 was amended by section 1 of the Sustainable and Secure Buildings Act 2004 (c.22); section 2A was inserted by section 4 of that Act; section 35 was amended by section 39 of the Building Safety Act 2022 (c. 30) (“the 2022 Act”); section 35B was inserted by section 38 of the 2022 Act. Section 47(1) was amended by section 8 of the Sustainable and Secure Buildings Act 2004 and S.I. 1996/1905; section 50(1A), (1D) and (7A) were inserted by section 49 of the 2022 Act; section 51(1) was substituted, section 51A was inserted and section 52(1) was amended, by S.I. 1996/1905; section 51A was also amended by sections 46(2) and 48(3) of, and paragraph 42 of Schedule 5 to, the 2022 Act; section 52(2) was amended by section 8 of the Sustainable and Secure Buildings Act 2004; section 52(5A) was inserted by section 50(5) of the 2022 Act; section 52A was inserted by section 46 of the 2022 Act; section 53 was amended by sections 36(6) and 52(1) of the 2022 Act; section 53A was inserted by section 36 of the 2022 Act; section 56(1) was amended by S.I. 1996/1905; sections 58C, 58O, 58U and 58V were inserted by section 42 of the 2022 Act. Section 120B was inserted by paragraph 77 of Schedule 5 to the 2022 Act. Paragraphs 1A, 1D, 1F, 1G, 1I and 5B of Schedule 1 were inserted by sections 33 and 34 of the 2022 Act; 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 10 of Schedule 1 was substituted by paragraph 83(8) of Schedule 5 to the 2022 Act. See section 126 for the definition of “prescribed”.
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- f3
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Under the transitional provisions in regulation 5(1) of S.I. 2023/362 the requirement to consult under section 120B of the Building Act 1984 does not apply to proposals consulted on under section 14(3) of the Building Act 1984 before it was repealed by paragraph 17 of Schedule 5 to the Building Safety Act 2022.
Contents
- Part 1: General
- 1Citation, extent, application and commencement
- 2Interpretation
- Part 2: Registered building control approvers
- 3Independence of approvers
- 4Functions of approvers
- 5Modifications of 2010 Regulations etc.
- Part 3: Notices and certificates etc.
- 6Form, grounds and period for rejecting initial notice
- 7Invalid notices or certificates
- 8Form, grounds and period for rejecting amendment notice
- 9Consultation with the fire and rescue authority
- 10Consultation with the sewerage undertaker
- 11Plans certificate
- 12Effect of plans certificate
- 13Form, grounds and period for rejecting final certificate
- 14Form of notice under section 51C of the 1984 Act
- 15Notice before starting work and further notice when work is “commenced” etc.
- 15ALevy charging information
- 16Lapse of initial notice: commencement of work
- 17Notification of dutyholders
- 18Compliance declarations
- 19Events causing initial notice to cease to be in force
- 20Cancellation of initial notices: forms etc.
- 21Cancellation of initial notice: notice of contravention of building regulations
- Part 4: Transfer of projects back to local authority
- 22Local authority powers in relation to partly completed work
- 22ACompletion notices
- 23Periods within which information on work to which an initial notice relates must be provided
- Part 5: Transfer of projects to another approver
- 24Section 53(7): prescribed provision
- 25Information to be included in transfer certificates
- 26Grounds for rejecting a transfer certificate and transfer report
- 27Cases where a further initial notice may be given after cancellation of an initial notice under section 53D
- Part 6: Appeals under Part 2 of the 1984 Act
- 28Appeal under section 50(2) of the 1984 Act
- 29Appeals under section 55 of the 1984 Act
- Part 7: Registers of notices etc. and registration of approvers
- 30Register of notices and certificates
- 31Registration periods
- 32Notices to local authorities on disciplinary matters in relation to approvers
- 33Review of regulator’s decisions under Part 2A of the 1984 Act
- 34Appeal in relation to reviewed decisions
- Part 8: Miscellaneous
- 35Contravention of certain regulations not to be an offence or be subject to a compliance notice
- 36Consequential amendments to the Regulatory Reform (Fire Safety) Order 2005 and transitional provision
- 37Consequential amendments to the Building (Local Authority Charges) Regulations 2010
- 38Amendments to the Building Regulations 2010 and transitional provision
- 39Consequential amendment to the Energy Performance of Buildings (England and Wales) Regulations 2012 and transitional provision
- 40Consequential amendments to the Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023
- 41Consequential amendments to the Building (Restricted Activities and Functions) (England) Regulations 2023
- 42Amendments to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023
- 43Revocations
- 44Transitional provisions: approved inspectors who became approvers
- 45Transitional provisions: approved inspectors who did not become approvers
- 46Transitional provisions: higher-risk building work regarded as sufficiently progressed
- 47Transitional provisions: cases where building work supervised by approved inspector is not completed before October 2024
- 48Interpretation of Part 8
- Signature
- Schedule 1Forms
- Schedule 2: Grounds for Rejecting an Initial Notice, an Amendment Notice or a Plans Certificate Combined with an Initial Notice
- 1Form
- 2Wrong local authority
- 3Capacity of approver
- 4Capacity of approver
- 5Breach of section 54B
- 6Information about the proposed work
- 7Fire and rescue authority
- 8Sewerage undertaker
- 9Independence
- 10Drain connection
- 11Local enactments
- 12Commencement of work
- 13Earlier notice
- Schedule 3: Grounds for rejecting a plans certificate or plans certificate combined with an initial notice
- 1Form
- 2Wrong building control authority
- 3Work
- 4Optional requirements
- 5Plans
- 6No initial notice
- 7Capacity of approver
- 8Breach of section 54B
- 9Fire and rescue authority
- 10Sewerage undertaker
- 11Independence
- Schedule 4: Grounds for rejecting a final certificate
- 1Form
- 2Wrong building control authority
- 3Work
- 4Optional requirements
- 5No initial notice
- 6No plans certificate Repealed
- 7Capacity of approver
- 8Breach of section 54B
- 9Lack of fire safety information confirmation
- 10Independence
- 11Building safety levy
- Schedule 5: Grounds for rejecting a transfer certificate and transfer report
- 1Required information
- 2Wrong local authority
- 3No initial notice
- 4Capacity of approver
- 5Breach of section 54B
- 6Earlier notice
- 7Local authority action
- 8Failure to provide information requested
- Explanatory note