means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971.
(“ymgymerwr carthffosiaeth”) means a person appointed under section 6 of the Water Industry Act 1991 for the area in which the building is, or is to be, situated;
(1)Approvers must have no professional or financial interest in the work they supervise.
(2)A person (“P”) is regarded as having a professional or financial interest in the work described in any notice or certificate given under these Regulations if—
(a)P is or has been responsible for the design or construction of any of the work in any capacity;
(b)P or any nominee of P’s is a member, officer or employee of a company or other body which has a professional or financial interest in the work;
(c)P is a partner or is in the employment of a person who has a professional or financial interest in the work.
(3)For the purposes of this regulation—
(a)P is treated as having a professional or financial interest in the work even if P has that interest only as a trustee for the benefit of some other person;
(b)in the case of married persons or civil partners living together, the interest of one spouse or partner is, if known to the other, deemed to be also an interest of the other.
(4)For the purposes of this regulation the following are not to be regarded as a professional or financial interest—
(1)For as long as an initial notice continues in force, the approver who gave the notice must take such steps (which may include the making of tests of building work and the taking of samples of materials) as are reasonable to enable the approver to be satisfied within the limits of professional skill and care that the provisions specified in paragraph (2) (as modified by regulation 5 (modification of 2010 Regulations etc.)) are complied with.
(2)The provisions referred to in paragraph (1) are—
(2)Regulations 20 (provisions applicable to self-certification schemes), 25A (consideration of high-efficiency alternative systems for new buildings), 27 (CO2 emission rate calculations), 27A (primary energy consumption rate calculations), 27B (fabric performance values calculations), 27C (target primary energy rate calculations for new buildings), 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing), 44 (commissioning), 44ZA (commissioning in respect of a system for on-site electricity generation) and 44ZAA (particulars of connection to public electronic communications network) of the 2010 Regulations apply in relation to building work which is the subject of an initial notice as if references to the local authority were references to the approver.
(3)Regulation 27(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.
(4)Regulation 27A(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.
(5)Regulation 27B(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.
(6)Regulation 27C(3) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.
(7)Regulation 37(2) of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed” there were inserted “, or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 the initial notice ceases to be in force”.
(8)Regulation 38 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (2) there were substituted—“2 The person carrying out the work must give the fire safety information to the responsible person no later than whichever is the earlier of—a the date of completion of the work to which the initial notice relates;b the date of occupation of the building or extension;c the date on which in accordance with regulation 14 (events causing initial notice to cease to be in force) of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force.”
(a)for paragraph (3)(b) there were substituted–—“b given to the approver in accordance with paragraph (2)(b) not later than 5 days after completion of the work to which the initial notice relates.”
(b)for the words in paragraph (4) “not later than the date on which notice of commencement of the work is given under regulation 16(1)” there were substituted the words “prior to commencement of the building work on site”.
(10)Regulation 44 of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (4) there were substituted—“4 The notice must be given to the approver—a subject to sub-paragraphs (b) and (c), not later than 5 days after completion of the work to which the initial notice relates;b where regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 applies, not later than the date on which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);c where regulation 20 applies by virtue of regulation 5 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, not later than the date on which the notice or certificate required by that regulation must be given.”
(11)Regulation 44ZA of the 2010 Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (3) there were substituted—“3 The notice must be given to the approver—a subject to sub-paragraphs (b) and (c), not later than 5 days after completion of the work to which the initial notice relates;b where regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 applies, not later than the date in which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);c where regulation 20 applies by virtue of regulation 5 of the Building (Registered Building Control Approvers etc.) Regulations 2024, not later than the date on which the notice or certificate required by that regulation must be given.”
(12)Regulation 7A(3) of the Energy Performance of Buildings (England and Wales) Regulations 2012 applies in relation to building work which is the subject of an initial notice as if—
(b)in paragraph (3), after “work has been completed” there were inserted “or, if earlier, the date on which in accordance with regulation 14 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024, the initial notice ceases to be in force”.
(a)which is not combined with a plans certificate, is Form 1(W) in Schedule 1, or
(b)which is combined with a plans certificate, is Form 4(W) in Schedule 1.
(2)An initial notice must be accompanied by the plans and documents described in the relevant form prescribed by paragraph (1).
(3)The grounds on which a local authority must reject an initial notice are those prescribed in Schedule 2, and the form to be used for rejecting an initial notice (whether combined with a plans certificate or otherwise) is Form 7(W) in Schedule 1.
(4)The period within which a local authority may give notice of rejection of an initial notice is 5 working days beginning with the day on which the notice is given.
7Form, grounds and period for rejecting amendment notice#
(1)The prescribed form of an amendment notice is Form 2(W) in Schedule 1.
(2)An amendment notice must be accompanied by the plans and documents described in the form prescribed by paragraph (1).
(3)The grounds on which a local authority must reject an amendment notice are those prescribed in paragraphs 1 to 11 of Schedule 2 and the form to be used for rejecting an amendment notice is Form 7(W) in Schedule 1.
(4)The period within which a local authority may give notice of rejection of an amendment notice is 5 working days beginning with the day on which the notice is given.
(a)in a case where the approver is consulting them in connection with an initial notice or an amendment notice, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of Part B of Schedule 1 to the 2010 Regulations, and
(b)in a case where the approver is consulting them in connection with the giving of a plans certificate, a copy of the plans in relation to which the approver intends to give the certificate.
(a)must have regard to any views expressed by the authority, and
(b)must not give a plans certificate or a final certificate until 15 working days have elapsed from the day on which the approver consulted the authority, unless the authority have expressed their views to the approver before the expiry of that period.
(6)In this regulation—• “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building or any part of it;• “relevant amendment notice” is an amendment notice where—(a) any of the work specified in the initial notice, as varied by the amendment notice, being work which could not have been carried out under the original notice (“additional work”)—(a) concerns the erection, extension or material alteration of an FSO building, or(b) is building work in connection with a relevant change of use of a building, and(b) Part B of Schedule 1 to the 2010 Regulations imposes requirements in relation to the additional work.
(1)This regulation applies where an initial notice or amendment notice is to be given or has been given in respect of work in relation to which paragraph H4 of Schedule 1 to the 2010 Regulations imposes requirements.
(a)in a case where the approver is consulting them in connection with an initial notice or an amendment notice, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1 to the 2010 Regulations, and
(b)in a case where the approver is consulting them in connection with the giving of a plans certificate, a copy of the plans in relation to which the approver intends to give the certificate.
(a)must have regard to any views expressed by the undertaker, and
(b)must not give a plans certificate or a final certificate until 15 working days have elapsed from the day on which the approver consulted the undertaker, unless the undertaker has expressed their views to the approver before the expiry of that period.
10Form, grounds and period for rejecting plans certificate#
(4)The period within which a local authority may give notice of rejection of a plans certificate (whether or not combined with an initial notice) is 5 working days beginning on the day on which the certificate is given.
If an initial notice ceases to be in force as described in section 47(4)(b) of the 1984 Act (cancellation etc. of an initial notice) and the conditions in section 53(2) of the 1984 Act (plans certificate given, accepted and not rescinded) are satisfied, the local authority may not, in relation to any work described in the certificate which has been carried out in accordance with the plans to which the certificate relates—
12Form, grounds and period for rejecting final certificate#
(1)The prescribed form of a final certificate is Form 5(W) in Schedule 1.
(2)The grounds on which a local authority must reject a final certificate are those prescribed in Schedule 4 and the form to be used for rejecting a final certificate is Form 7(W) in Schedule 1.
(3)The period within which a local authority may give notice of rejection of a final certificate is 10 working days beginning with the day on which the certificate is given.
(4)A final certificate given by an approver to a local authority in accordance with these Regulations is evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.
13Form of notice under section 51C of the 1984 Act#
When giving a notice under section 51C(2) of the 1984 Act (change of person intending to carry out work) the form set out as Form 8(W) in Schedule 1 must be used.
14Events causing initial notice to cease to be in force#
(1)Where a final certificate given in respect of work described in an initial notice is rejected, the initial notice ceases to be in force in relation to the work described in the final certificate on the expiry of a period of 4 weeks beginning with the day on which notice of rejection is given.
(a)the building or, as the case may be, the extension or any part of the building which has been materially altered is occupied, and
(b)no final certificate is given.
(3)The initial notice ceases to be in force in relation to the building, extension or part of a building which is occupied—
(a)if the building is an FSO building, except where it contains only flats and common parts for those flats, on the expiry of a period of 4 weeks beginning with the day of occupation, and
(b)in any case, on the expiry of a period of 8 weeks beginning with the day of occupation.
(4)The initial notice ceases to be in force in relation to a material change of use of a building on the expiry of a period of 8 weeks beginning with the day on which that change of use takes place, if—
(a)no final certificate is given, and
(b)that change of use takes place.
(5)In any other case where no final certificate is given, an initial notice ceases to be in force on the expiry of a period of 8 weeks beginning with the day on which the work described in the initial notice is substantially completed.
(6)An initial notice does not cease to be in force by virtue of paragraphs (2) and (3) because part of a building or extension is occupied if a final certificate has been accepted in respect of that part.
(7)A local authority may extend any period referred to in this regulation either before or after its expiry.
(1)Form 9(W) in Schedule 1 is the form of notice to be given, by an approver, to cancel an initial notice in accordance with section 52(1) of the 1984 Act based on a condition in section 52(1)(a) to (f) of the 1984 Act.
(2)Form 10(W) in Schedule 1 is the form of notice to be given, by a person carrying out or intending to carry out work, to cancel an initial notice in accordance with section 52(3) of the 1984 Act.
(3)Form 11(W) in Schedule 1 is the form of notice to be given, by a local authority, to cancel an initial notice in accordance with section 52(5A) of the 1984 Act based on a condition in section 52(5B)(a) to (d) of the 1984 Act.
(5)Form 13(W) in Schedule 1 is the form of notice to be given, by an approver, to cancel an initial notice in accordance with section 52A(1) of the 1984 Act.
(6)Form 14(W) in Schedule 1 is the form of notice to be given, by a person carrying out or intending to carry out work, to cancel an initial notice in accordance with section 52A(2) of the 1984 Act.
(9)Form 17(W) in Schedule 1 is the form of notice to be given, by a person carrying out or intending to carry out work, to cancel an initial notice in accordance with section 53D(3) of the 1984 Act.
16Cancellation of initial notice: notice of contravention of building regulations#
(1)Where an approver is of the opinion that an initial notice should be cancelled under section 52(1)(c) of the 1984 Act for contravention of any provision of building regulations, the approver must first give notice in writing to the person carrying out the work (“C”) specifying—
(b)the location of the work which contravenes that requirement.
(2)A notice given in accordance with paragraph (1) must inform C that if, by the end of the period specified in paragraph (3), C has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations, the approver will cancel the initial notice.
(3)The period within which C is to remedy the contravention is 3 months beginning with the working day on which the notice under paragraph (1) is given.
17Local authority powers in relation to partly completed work#
(1)This paragraph applies where—
(a)any part of the work described in an initial notice has been carried out,
(b)the initial notice has ceased to be in force by reason of regulation 14 (events causing initial notice to cease to be in force) or has been cancelled by notice under section 52 or 53D of the 1984 Act, and
(c)no other initial notice relating to that part of the work has been accepted.
(2)Where paragraph (1) applies, the owner must—
(a)on being given reasonable notice by the local authority, provide them with—
(i)sufficient plans of the work carried out, in respect of which no final certificate has been given, to show whether any part of that work would, if carried out in accordance with the plans, contravene any provision of the 2010 Regulations, and
(ii)where a plans certificate was given and not rejected in respect of any such part of the work, a copy of the plans to which it relates, and
(b)comply with any notice in writing from the local authority requiring the owner within a reasonable time to cut into, lay open or pull down so much of the work as prevents the local authority from ascertaining whether any work in relation to which there is no final certificate contravenes any requirement in the 2010 Regulations.
(3)Where paragraph (1) applies and work in relation to a building has begun but not been completed, a person who intends to carry out further work in relation to the partly completed work must give the local authority sufficient plans to show that the intended work will not contravene any requirement in the 2010 Regulations, including such plans of any part of the work already carried out as may be necessary to show that the intended work can be carried out without contravening any such requirement.
(4)Plans given to a local authority in accordance with paragraph (3) are not to be regarded as plans deposited in accordance with building regulations.
18Periods within which information on work to which an initial notice relates must be provided#
(1)For the purposes of section 53(4B) of the 1984 Act, the period within which a person shown in the initial notice as the approver (“P”) is required to give information to the local authority is 21 days beginning with the day on which the local authority gives P a notice under section 53(4A). This period may be extended by mutual agreement between P and the local authority.
(2)For the purposes of section 53(4C) of the 1984 Act, the period within which P is required to give information to the person carrying out or intending to carry out the work (“C”) is—
(a)21 days beginning with the day on which the local authority gave P a notice under section 53(4A) or such extended period as is agreed between P and the local authority in accordance with paragraph (1), or
(b)in relation to information requested by C under section 53(4C)(c), or information requested by C under section 53(4C)(b), 21 days beginning with the day on which C gives P a notice under section 53(4C)(c).
(3)The period in paragraph (2)(b) may be extended by mutual agreement between P and C.
(b)a statement describing all the steps the approver has taken to determine, in accordance with section 53B(2) of the 1984 Act, whether the unfinished work contravenes any provision of the building regulations, in particular listing—
(i)each inspection or laying open of the work undertaken;
(ii)each report of any inspection or laying open of work produced;
(iii)any other assessment of the work which was considered;
(iii)each report or assessment referred to in the statement under paragraph (b) has been included in the transfer report given under section 53B of the 1984 Act,
23Cases where a further initial notice may be given after cancellation of an initial notice under section 53D#
(1)For the purposes of section 53D(5) of the 1984 Act, the following circumstances are prescribed—
(a)the business of the approver to which the initial notice relates has ceased for any reason, including in the case of insolvency;
(b)the person carrying out or intending to carry out the work has cancelled the initial notice under section 53D(3) of the 1984 Act because they were satisfied the approver was unable to carry out (or continue to carry out) their functions with respect to any of the work to which the initial notice relates;
(a)any disciplinary order under section 58U(2)(b) of the 1984 Act (variation of registration) such that the approver is no longer able to carry out their functions with respect to any of the work to which the initial noticerelates;
(b)any disciplinary order under section 58U(2)(c) of the 1984 Act (suspension of registration) excluding any suspension which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work;
(c)an order under section 58V of the 1984 Act (interim suspension for suspected serious contravention) excluding any interim suspension which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work;
(d)any disciplinary order under section 58U(2)(d) of the 1984 Act (cancellation of registration) excluding any cancellation which is as a consequence of functions in relation to the unfinished work or work for the person carrying out the work.
(a)public bodies of a certain description should be enabled to supervise their own work under section 54 of the 1984 Act, or
(b)that a public body should be approved for the purpose of so supervising its own work,
(2)The Welsh Ministers may withdraw the approval by a notice in writing given to any public body affected, and take such steps as appears to them appropriate to inform local authorities of such withdrawal.
the Welsh Ministers may approve that description of body or, as the case may be, that body in writing and take such steps as appear to them appropriate to inform those local authorities and public bodies which will be affected by the giving of the approval.
25Form, grounds and period for rejecting public body’s notice#
(2)A public body’s notice must be accompanied by the plans and documents described in the relevant form prescribed by paragraph (1).
(3)The grounds on which a local authority must reject a public body’s notice are those prescribed in Schedule 6.
(4)The period within which a local authority may give notice of rejection of a public body’s notice is 10 working days beginning with the day on which the notice is given.
26Public body’s consultation with the fire and rescue authority#
Regulation 8 applies where a public body’s notice is given as it applies where an initial notice is given but as if—
(4)The period within which a local authority may give notice of rejection of a public body’s plans certificate or combined notice and certificate is 10 working days beginning on the day on which the certificate is given.
If a public body’s notice ceases to be in force and the conditions in paragraph 4(2) of Schedule 4 to the 1984 Act (public body’s plans certificate accepted and not rescinded) are satisfied, the local authority may not, in relation to any work which is described in the certificate and is carried out in accordance with the plans to which the certificate relates—
30Form, grounds and period for rejecting public body’s final certificate#
(1)The prescribed form of a public body’s final certificate is Form PB4(W) in Schedule 1 and the grounds on which a local authority must reject a final certificate are those prescribed in Schedule 8.
(2)The period within which a local authority may give notice of rejection of a public body’s final certificate is 10 working days beginning with the day on which the certificate is given.
31Events causing public body’s notice to cease to be in force#
Regulation 14 applies where a public body’s notice is given as it applies where an initial notice is given but as if—
(1)The register which local authorities must keep under section 56 of the 1984 Act must contain the information set out in paragraph (2) with respect to—
(a)initial notices, amendment notices or notices under section 51C of the 1984 Act or public body’s notices which are currently in force, and
(b)plans certificates, transfer certificates and transfer reports, final certificates, public body’s plans certificates, public body’s final certificates which have been accepted or are presumed to have been accepted.
(2)The information to be registered is—
(a)the description of the work to which the notice or certificate relates and of the location of the work,
(b)the name and address of any person who signed the notice or certificate, and
(c)the date on which the notice or certificate was accepted or was presumed to have been accepted.
(3)A register must include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice or certificate relates.
(4)The information prescribed in paragraph (2) must be entered in the register as soon as practicable and in any event within 14 working days of the date the notice or certificate in question is given.
(1)For the purposes of section 58C(5) of the 1984 Act (register of building inspectors), the prescribed period for registration of a registered building inspector is 4 years beginning with the day on which the registration has effect.
(2)For the purposes of section 58O(4) of the 1984 Act (register of building control approvers), the prescribed period for registration of a registered building control approver is 5 years beginning with the day on which the registration has effect.
For the purposes of section 58U(4)(b)(ii) of the 1984 Act, where the Welsh Ministers make a disciplinary order in relation to a registered building control approver, they must as soon as reasonably practicable give a copy of the disciplinary order to each local authority in Wales where there has been—
(a)a variation of registration in a way specified in the order,
(b)a suspension of registration for the period specified in the order, or
(c)a cancellation of registration from the date specified in the order.
35Interim suspension for suspected serious contravention#
For the purposes of section 58V(4)(b)(ii) of the 1984 Act, where the Welsh Ministers make (or revoke) an order under section 58V of the 1984 Act, they must as soon as reasonably practicable give a copy of the order (or notice of the revocation) to each local authority in Wales where the Welsh Ministers consider that the suspected contravention is so serious that, if the Welsh Ministers determine that the contravention has occurred, they are likely to make an order under section 58U(2)(d) of the 1984 Act cancelling the person’s registration.
36Appealing a decision made by the Welsh Ministers#
(1)Where the right of appeal is provided for under section 58D(4), 58I(5), 58J(5), 58P(4), 58U(5), 58V(5), 58Z4(7), 58Z5(9), 58Z6(5) or 58Z7(5) of the 1984 Act, an appeal must be made to a magistrates’ court by way of complaint.
(2)An appeal may only be made on one or more of the following grounds. The grounds are that the Welsh Ministers’ decision was—
(a)erroneous in fact;
(b)wrong in law;
(c)unreasonable;
(d)procedurally flawed.
(3)An appeal must be made within 21 relevant days beginning with the day after the day on which the Welsh Ministers notify the applicant of the decision, or within such extended period as may at any time be agreed upon in writing between the applicant and the Welsh Ministers.
(4)On an appeal, a magistrates’ court may confirm, vary or quash the decision made by the Welsh Ministers.
(5)In this regulation “relevant days” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971.
37Contravention of certain regulations not to be an offence#
Each of these Regulations, other than regulation 17 (local authority powers in relation to partly completed work), is designated as a provision to which section 35 of the 1984 Act does not apply.
38Consequential amendment to the Regulatory Reform (Fire Safety) Order 2005#
In article 30(5)(c) of the Regulatory Reform (Fire Safety) Order 2005 omit “approved inspector or”.
39Consequential amendments to the Building (Local Authority Charges) Regulations 2010#
(a)in the appropriate place insert ““the RBCA (Wales) Regulations” means the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024;”;
(b)omit ““the Approved Inspectors Regulations” means the Building (Approved Inspectors etc.) Regulations 2010”.
(a)in paragraph (i), for “regulation 19(2)(a)(i) of the Approved Inspectors Regulations” substitute “regulation 17(2)(a)(i) of the RBCA (Wales) Regulations”;
(b)in paragraph (ii), for “regulation 19(3) of the Approved Inspectors Regulations” substitute “regulation 17(3) of the RBCA (Wales) Regulations”.
40Consequential amendment to the 2010 Regulations#
In regulation 12(7) of the 2010 Regulations, for “regulation 19 of the Building (Approved Inspectors etc) Regulations 2010” substitute “regulation 17 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024”.
41Consequential amendments to the Building (Restricted Activities and Functions) (Wales) Regulations 2024#
(1)The Building (Restricted Activities and Functions) (Wales) Regulations 2024 is amended as follows.
(2)In regulation 2(1)—
(a)in the appropriate place insert ““the 2024 Regulations” (“Rheoliadau 2024”) means the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024;”;
(b)omit ““the Approved Inspectors Regulations” (“y Rheoliadau Arolygwyr Cymeradwy”) means the Building (Approved Inspectors etc.) Regulations 2010;”.
(3)In regulation 3(2)(o)—
(a)in the opening words, for “regulation 19(1) of the Approved Inspectors Regulations” substitute “regulation 17(1) of the 2024 Regulations”;
(b)in paragraph (i), for “regulation 19(2)(a) of the Approved Inspectors Regulations” substitute “regulation 17(2)(a) of the 2024 Regulations”;
(c)in paragraph (ii), for “regulation 19(2)(b) of the Approved Inspectors Regulations” substitute “regulation 17(2)(b) of the 2024 Regulations”.
42Revocations, transitional and savings provisions#
(1)As respects Wales, Parts 2 – 5, Part 6A, Part 7 of and Schedules 1 – 9 to the Building (Approved Inspectors etc.) Regulations 2010 (“the AI Regulations”) are revoked, but this is subject to paragraphs (5) to (7).
(2)The following provisions are revoked:
(a)regulations 29 to 33 of the Building Regulations &c. (Amendment) (Wales) Regulations 2013;
(b)the Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2014;
(c)regulations 11 to 13 of the Building (Amendment) (Wales) Regulations 2014;
(d)regulation 3 of the Building Regulations &c. (Amendment) (Wales) Regulations 2016;
(e)regulations 17 to 28 of the Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018;
(f)regulations 18 to 20 of the Building (Amendment) (Wales) Regulations 2022;
(h)the Building (Building Control Profession) (Registration, Sanctions and Appeals) (Wales) Regulations 2023;
(i)the Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024.
(3)The amendment of section 51A of the 1984 Act by section 46(2) of the 2022 Act does not apply in relation to an initial notice to which regulation 3 of the Building Safety Act 2022 (Commencement No. 4, Transitional and Saving Provisions) (Wales) Regulations 2024 applies.
(4)After the words “an initial notice” in regulation 11(3) of the Building Safety Act 2022 (Commencement No. 4, Transitional and Saving Provisions) (Wales) Regulations 2024 insert “only relating to building work”.
(5)Any of the forms in Schedule 1 to the AI Regulations which are submitted to the local authority before 1 January 2025 will be processed.
(6)The AI Regulations continue to apply to forms submitted to the local authority before 1 January 2025.
(7)Regulations 2 to 7 and 9 of the AI Regulations continue to have effect to the extent necessary for the purposes of regulation 29 of the AI Regulations.
(2)No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.
(3)The person who signed the notice as an approver is not an approver on the date the notice is rejected or if they are an approver on that date, their registration does not include all the work described in the notice.
(8)The approver is obliged by regulation 9 to consult the sewerage undertaker before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.
(9)The notice does not contain a declaration by the approver that the approver does not, and while the initial notice is in force will not, have any professional or financial interest in that work.
(10)In the case of the erection or extension of a building, the local authority considers that, in order to comply with the requirements of Part H of Schedule 1 to the 2010 Regulations, a proposed drain or private sewer must discharge to an existing sewer, but the statement accompanying the notice does not describe such an arrangement.
(11)The local authority is not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations.
(12)
(1)Except where sub-paragraph (2) applies, an initial notice (“an earlier notice”) has already been given in respect of any part of the work described in the notice.
(2)The ground in sub-paragraph (1) does not apply if—
(a)an earlier notice has ceased to be in force and the local authority has taken no positive step to supervise the work described in it, or
(b)the notice is accompanied by an undertaking by the approver who gave an earlier notice to the effect that the approver will cancel that notice as soon as the initial notice under consideration is accepted.
(2)No part of the work described in the plans certificate is to be carried out in the area of the local authority to whom the certificate has been given.
(3)The certificate does not describe the work to which it relates.
(4)The certificate does not specify the plans to which it relates.
(5)Except where the plans certificate is combined with an initial notice, no initial notice was in force with respect to the work described in the certificate at the time the certificate was given.
(6)An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but—
(b)was a registered building inspector on that date but their registration did not include all the work described in the certificate.
(8)The approver was obliged by regulation 8 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that the approver has consulted them in accordance with that regulation.
(9)The approver was obliged by regulation 9 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that the approver has consulted them in accordance with that regulation.
(10)The certificate does not contain a declaration by the approver that the approver has not since giving the initial notice in question had any professional or financial interest in that work.
(b)was a registered building inspector on that date but their registration did not include all the work described in the certificate.
(7)Regulation 38 of the 2010 Regulations, as applied by regulation 5 (modification of the 2010 Regulations etc.), applies to the building work to which the final certificate relates and the approver has not provided a confirmation that the person carrying out the work has notified the approver to the effect that the fire safety information has been given to the responsible person as required by that regulation.
(8)The certificate does not contain a declaration by the approver that the approver has not since giving the notice had any professional or financial interest in that work.
(b)was a registered building inspector on that date but their registration did not include all the work described in the certificate.
(7)
(1)Except where sub-paragraph (2) applies, a new initial notice under section 53(7) of the 1984 Act (“an earlier notice”) has already been given in respect of any part of the unfinished work described in the notice.
(2)The ground in sub-paragraph (1) does not apply if—
(a)an earlier notice has ceased to be in force and the local authority has taken no positive step to supervise the work described in it, or
(b)the notice is accompanied by an undertaking by the approver who gave an earlier notice to the effect that the approver will cancel that notice as soon as the initial notice under consideration is accepted.
(9)The approver has been given a request under section 53C(4) of the 1984 Act but failed to provide the information within the period referred to in that section.
(6)In the case of the erection or extension of a building, the local authority considers that, in order to comply with the requirements of Part H of Schedule 1 to the 2010 Regulations, a proposed drain or private sewer must discharge to an existing sewer, but the statement accompanying the notice does not describe such an arrangement.
(7)The local authority was not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations.
(2)The certificate does not describe the work to which it relates.
(3)The certificate does not specify the plans to which it relates.
(4)Except where the public body’s plans certificate is combined with a public body’s notice, no public body’s notice was in force in respect of work described in the certificate at the time the certificate was given.
(5)A public body’s notice was in force with respect to the work described in the certificate at the time the certificate was given, but—
(a)the certificate is not signed by or on behalf of the public body which gave that notice, or
(b)that body has ceased to be a public body within the meaning of section 54 of the 1984 Act.
(6)The public body was obliged by regulation 26 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.
(7)The public body was obliged by regulation 27 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.
(2)The certificate does not describe the work to which it relates.
(3)No public body’s notice was in force with respect to the work described in the certificate at the time the certificate was given.
(4)A public body’s notice was in force with respect to the work described in the certificate at the time the certificate was given, but the certificate is not signed by or on behalf of the public body which gave that notice.
(5)The public body was obliged by regulation 26 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that they were consulted in accordance with that regulation.
(6)The public body was obliged by regulation 27 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.
Contains public sector information licensed under the Open Government Licence v3.0.