SCHEDULE 1Forms
SCHEDULE 2Grounds for Rejecting an Initial Notice, an Amendment Notice, or a Plans Certificate Combined with an Initial Notice
Deficiencies in initial notice
Form1
The notice is not in the prescribed form.
Wrong local authority2
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.
Capacity of approved inspector3
The person who signed the notice as approved inspector is not an approved inspector.
Deficiencies in information
Information about the proposed work4
Neither the notice nor the accompanying plans and documents include—
a
the location and a description of the work, including the use of any building to which the work relates;
b
information needed by the local authority to decide whether the notice is to be rejected on ground 10 or 11.
Notice of approval5
In the case of a notice signed by an inspector approved in accordance with regulation 4(1) by a designated body, the initial notice is not accompanied by a copy of the notice of the inspector’s approval.
Lack of declaration or undertakings
Insurance6
The notice is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work described in the notice.
Fire and rescue authority7
The approved inspector will be obliged by regulation 12 to consult the fire and rescue authority before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.
Sewerage undertaker8
The approved inspector will be obliged by regulation 13 to consult the sewerage undertaker before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.
Independence9
Except where the work described in the notice is stated in it to be minor work within the meaning of regulation 9(5), the notice does not contain a declaration by the approved inspector that the approved inspector does not, and while the initial notice is in force will not, have any professional or financial interest in that work.
Deficiencies in the proposed work
Drain connection10
In the case of the erection or extension of a building, the local authority consider that, in order to comply with the requirements of Part H of Schedule 1 to the Principal 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.
Local enactments11
The local authority are 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
Overlap with earlier notice
Earlier notice12
1
Except where 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 paragraph (1) does not apply if—
a
an earlier notice has ceased to be in force and the local authority have taken no positive step to supervise the work described in it; or
b
the notice is accompanied by an undertaking by the approved inspector who gave an earlier notice to the effect that the approved inspector will cancel that notice as soon as the initial notice under consideration is accepted.
SCHEDULE 3Grounds for Rejecting a Plans Certificate, or a Plans Certificate Combined with an Initial Notice
Deficiencies in form and information
Form1
The certificate is not in the prescribed form.
Work2
The certificate does not describe the work to which it relates.
Plans3
The certificate does not specify the plans to which it relates.
Absence of power to give certificate
No initial notice4
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.
Capacity of approved inspector5
An initial 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 the approved inspector who gave that notice; or
b
that person is no longer an approved inspector.
Lack of declarations
Insurance6
The certificate is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work to which the certificate relates.
Fire and rescue authority7
The approved inspector was obliged by regulation 12 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that the approved inspector has consulted them in accordance with that regulation.
Sewerage undertaker8
The approved inspector was obliged by regulation 13 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that the approved inspector has consulted them in accordance with that regulation.
Independence9
Except where the work to which it relates is stated in the certificate to be minor work, within the meaning of regulation 9(5), the certificate does not contain a declaration by the approved inspector that the approved inspector has not since giving the initial notice in question had any professional or financial interest in that work.
SCHEDULE 4Grounds for Rejecting a Final Certificate
Deficiencies in form and information
Form1
The certificate is not in the prescribed form.
Work2
The certificate does not describe the work to which it relates.
Absence of power to give certificate
No initial notice3
No initial notice was in force with respect to the work described in the certificate at the time the certificate was given.
Capacity of approved inspector4
An initial 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 the approved inspector who gave that notice, or
b
that person is no longer an approved inspector.
Lack of declarations
Insurance5
The certificate is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work to which the certificate relates.
Independence6
Except where the work to which it relates is stated in the certificate to be minor work within the meaning of regulation 9(5), the certificate does not contain a declaration by the approved inspector that the approved inspector has not since giving that notice had any professional or financial interest in that work.
SCHEDULE 5Grounds for Rejecting a Public Body’s Notice, or a Combined Public Body’s Notice and Plans Certificate
Deficiencies in public body’s notice
Form1
The notice is not in the prescribed form.
Wrong local authority2
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.
Capacity of public body3
The body on behalf of which the notice was signed is not a public body within the meaning of section 54 of the Act.
Deficiencies in information
Information about the proposed work4
Neither the notice nor the accompanying plans and documents include—
a
the location and a description of the work, including the use of any building to which the work relates;
b
information needed by the local authority to decide whether the notice is to be rejected on ground 7 or 8.
Lack of undertaking
Fire and rescue authority5
The public body will be obliged by regulation 23 to consult the fire and rescue authority before giving a public body’s plans certificate or a public body’s final certificate, and the notice does not contain an undertaking to do so.
Sewerage undertaker6
The public body will be obliged by regulation 24 to consult the sewerage undertaker before giving a public body’s plans certificate or a public body’s final certificate, and the notice does not contain an undertaking to do so.
Deficiencies in the proposed work
Drain connection7
In the case of the erection or extension of a building, the local authority consider that, in order to comply with the requirements of Part H of Schedule 1 to the Principal 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.
Local enactments8
The local authority are 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.
SCHEDULE 6Grounds for Rejecting a Public Body’s Plans Certificate, or a Combined Public Body’s Notice and Plans Certificate
Deficiencies in form and information
Form1
The certificate is not in the prescribed form.
Work2
The certificate does not describe the work to which it relates.
Plans3
The certificate does not specify the plans to which it relates.
Absence of power to give certificate
No public body’s notice4
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.
Capacity of public body5
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 Act.
Lack of declaration
Fire and rescue authority6
The public body was obliged by regulation 23 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.
Sewerage undertaker7
The public body was obliged by regulation 24 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.
SCHEDULE 7Grounds for Rejecting a Public Body’s Final Certificate
Deficiencies in form and information
Form1
The certificate is not in the prescribed form.
Work2
The certificate does not describe the work to which it relates.
Absence of power to give certificate
Capacity of public body3
No public body’s notice was in force with respect to the work described in the certificate at the time the certificate was given.
No proper signature4
A public body’s notice was in force with respect to the work described in the certificate at the time when the certificate was given, but the certificate is not signed by or on behalf of the public body which gave that notice.
Lack of declaration
Fire and rescue authority5
The public body was obliged by regulation 23 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.
Sewerage undertaker6
The public body was obliged by regulation 24 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.
SCHEDULE 8Revocation of Regulations
Title | Reference | Extent of revocation |
|---|---|---|
The Building (Approved Inspectors etc.) Regulations 2000 | The whole Regulations. | |
The Building (Approved Inspectors etc.) (Amendment) Regulations 2001 | The whole Regulations. | |
The Building (Approved Inspectors etc.) (Amendment) Regulations 2002 | The whole Regulations. | |
The Building (Approved Inspectors etc.) (Amendment) Regulations 2004 | The whole Regulations. | |
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2008 | Regulation 4. |
SCHEDULE 9Consequential Amendments
1
In the Building (Local Authority Charges) Regulations 201032—
a
in regulation 2, in the definition of “the Approved Inspectors Regulations” for “2000” substitute “2010”;
b
in regulation 8(1)(d)—
i
in paragraph (i) for “20(2)(a)(i)” substitute “19(2)(a)(i)”;
ii
in paragraph (ii) for “20(3)” substitute “19(3)”.
2
In the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 200733, in regulation 2(1), in the definition of “recommendation report” omit “or regulation 12(4) of the Building (Approved Inspectors etc.) Regulations 2000”.