Approved Inspectors
Q.
What are Approved Inspectors?
A. Approved Inspectors are companies or individuals authorised under
the Building Act 1984 to carry out building control work in England
and Wales.
The Construction Industry Council (CIC) is responsible for deciding
all applications for approved inspector status. You can find out more
about the CIC's role (including how to apply to become an approved inspector)
through its web-site at www.cic.org.uk
A list of approved inspectors can be viewed at
the Association of Consultant Approved Inspectors (ACAI) web-site
www.acai.org.uk
Q. What does the inspection
involve?
A. When you use an approved inspector, they will take
on responsibility for plan checking and inspection of your building
work.
The procedure requires you and the approved inspector jointly to notify
your local authority of your intended building work on what is called
an initial notice. Once your local authority has accepted this notice
the responsibility for plan checking and site inspection will be formally
placed on the approved inspector
| An Approved Inspector
will |
|
Advise you on how the
Building Regulations apply to your work |
|
Check your plans |
|
Issue a plans certificate (if requested) |
|
Inspect the work as it progresses;
and |
|
Issue a final certificate |
The approved inspector will issue a plan certificate,
which will confirm that the plans of your proposed building work show
compliance with the Building Regulations.
When the work is complete the approved inspector must issue a final certificate
to the local authority to say that the work referred to in the initial
notice is complete, and that the inspector has carried out their inspection
responsibilities. If the approved inspector
is not satisfied that the work complies, then they cannot give the final
certificate. If you are not prepared to change the work the approved inspector
will have to refer the matter to the local authority.
To apply to your local authority for a relaxation or a dispensation of
a requirement of the Building Regulations and, in the event of a refusal
by your authority, appeal (in England) to the Office of the Deputy Prime
Minister or (in Wales) to the Welsh Assembly Government. This is the same
procedure as would be open to you if you were using the Building Control
Service of your local authority).
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Q. What
can I do if the approved inspector is not satisfied with my proposals
or with my work in progress?
A. The options available are;
|
Alter your plans according
to the approved inspector's advice |
|
Ask for a determination (in England)
from the Office of the Deputy Prime Minister or (in Wales) from
the Welsh Assembly Government of any disagreement on the plans arising
between you and the approved inspector. (This is similar to the
procedure which would be open to you if you were using the Building
Control Service of your local authority). |
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Q.
When can I start my work?
A. Subject to any arrangements you have agreed with your approved inspector,
you may start work as soon as your local authority accepts the initial
notice.
Work cannot start if the initial notice is rejected. But if your authority
has not validly rejected the notice within 5 days of being given, then
it is treated as having been accepted.
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Q.Is a fee payable?
A. If you are using an approved inspector a fee will be payable which
will be a matter for negotiation between you and the inspector. It will
be subject to V .A T.
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Q. What are the Building
Regulations?
A. The Building Regulations are made under powers provided in the Building
Act 1984, and apply in England and Wales. The current edition of the
regulations is "The Building Regulations 2000 (as amended) and
the majority of building projects are required to comply with them.
Building Regulations ensure the health and safety of people in and around
buildings by providing functional requirements for building design and
construction. The regulations also provide for energy conservation,
and access to and use of buildings.
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Q. What
are Building Control Bodies?
A. Builders and developers are required by law to obtain building control
approval - an independent check that the Building Regulations have been
complied with. There are 13 requirements with which building work must
comply. These areas are listed in the table below;
| THE
FOURTEEN PARTS OF SCHEDULE 1 TO THE BUILDING REGULATIONS |
| Part
A |
Structure |
Part H |
Drainage
and waste disposal |
| Part B |
Fire Safety |
Part J |
Combustion
Appliances and fuell storage systems |
| Part C |
Site Preparation
and resistance to moisture |
Part K |
Protection
from falling, collision and impact |
| Part D |
Toxic
Substances |
Part L |
Conservation
of fuel and power |
| Part E |
Resistance
to the passage of sound |
Part M |
Access
to and use of buildings |
| Part F |
Ventilation |
Part N |
Glazing
- Safety in relation to impact, opening and cleaning |
| Part G |
Hygeine |
Part P |
Electrical
Safety |
|
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Q. How do you comply?
A. What is `building work' as defined in the Building Regulations? The
definition means that the following types of project amount to Building
Work.
| |
|
The erection or extension
of a building |
|
The installation or extension of
a service or fitting which is controlled under the regulations |
|
An alteration project involving
work which will temporary or permanently affect the ongoing compliance
of the building, service or fitting with the requirements relating
to structure, fire or access to an use of buildings |
|
The insertion of insulation into
a cavity wall; and |
|
The underpinning of the foundations
of a building |
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Q. What happens if you don't comply?
A. If a person carrying out work contravenes the Building Regulations,
the local authority or another person may decide to take them to the magistrates'
court where they could be fined up to £5,000 for the contravention,
and £50 for each day the contravention continues (section 35 of
the Building Act 1984).
This action will usually be taken against the builder
or main contractor, although proceedings must be taken within 6 months
of the offence (section 127 of the Magistrates' Courts Act 1980).
Alternatively, or in addition the local authority may serve an enforcement
notice on the owner requiring them to alter or remove work which contravenes
the regulations (section 36 of the 1984 Act.) If the owner does not comply
with the notice the local authority has the power to undertake the work
itself and recover the costs of doing so from the owner.
The Fire Officer also has the power to remove the owner's fire certificate
if he finds evidence of non complaince.
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