Part 3: Building Act 1984 Building control approvers and building inspectors Section 42: Regulation of building control profession Effect
This section amends the Building Act 1984 by inserting a new Part 2A into the Act which provides for the registration of building inspectors and building control approvers. The overall purpose of Part 2A is to improve competence levels and accountability in the building control sector by creating a unified professional and regulatory structure for building control, changing and modernising the existing legislative framework. The Building Safety Regulator will also assist and encourage building inspectors under its duty in section 6(2).
	In future, the Building Safety Regulator and each local authority (to be collectively known as building control authorities, as defined in section 32) and each registered building control approver will be required, before exercising specified building control functions in relation to a building project (such as approving plans or submitting an initial notice), to obtain and consider advice from a registered building inspector. They will also be required to use a registered building inspector to carry out restricted activities (such as building control inspections).
	Individuals in both the private and public sector who wish to be registered building inspectors must in the future meet the same minimum standard criteria to be placed on the register. Registered building inspectors will be able to provide advice to the building control authorities or registered building control approvers, in line with the type of registration they hold. Current "Approved Inspectors" (i.e. organisations) wishing to undertake building control work will also have to meet minimum criteria to become registered as building control approvers, becoming subject to the oversight of the regulatory authority (the Building Safety Regulator in relation to England, and the Welsh Ministers in relation to Wales). Local authorities are not being required to register as they are the default building control authority in an area and are already subject to intervention powers (including the Secretary of State having the power to transfer their building control functions to another local authority or to the Secretary of State) where they are failing (see section 116 of the Building Act 1984, as amended by section 45).
	Local authority (or Building Safety Regulator) employees who are currently building inspectors may wish to formally register as a "registered building inspector". The registered building inspector that building control authorities use to provide advice on specified functions could be an employee or someone contracted to provide the advice. An individual who is currently an Approved Inspector could register:
	as a registered building inspector (which would allow them to provide advice to others);
as a registered building control approver (which would allow them to undertake building control work under Part 2 of the Building Act 1984, but they would need to obtain advice from a registered building inspector before exercising prescribed functions); or
as both (which would allow them to undertake Part 2 work and rely on their own expert advice before exercising the prescribed functions).
	New sections 58B to 58D set out the requirements for the registration of individuals as registered building inspectors by the regulatory authority. The new sections provide for the regulatory authority to publish the criteria for registration, an application procedure and enables the regulatory authority to grant registration with restrictions (for instance as to the type of buildings on which an inspector can give advice) or subject to conditions (for instance requiring regular training) and for the Secretary of State (and Welsh Ministers in Wales) to set, in regulations, the length registrations are valid (for instance five years).
	New sections 58E to 58M set out more detail on the ongoing regulation of registered building inspectors including an inspector applying to vary or cancel their registration (for example to be able to provide advice on further types of buildings after improving their competence through training), that the regulatory authority will publish a code of conduct for inspectors, how to deal with professional misconduct by inspectors (including a power to seek information from inspectors), disciplinary action that can be taken (including varying, suspending or cancelling an inspector’s registration) and appeals. The new sections set out a new offence of acting outside the scope of their registration without reasonable excuse i.e. providing advice or carrying out a restricted activity on a type of building which is outside the restrictions specified on their registration or providing advice or carrying out a restricted activity whilst suspended. It also sets out a new offence of impersonating a registered building inspector with intent to deceive.
	New sections 58N to 58P set out the requirements for the registration of persons (i.e. organisations or individuals) as building control approvers by the regulatory authority. The new sections provide for the regulatory authority to determine the criteria for registration, an application procedure for the registration of building control approvers and enables the regulator to grant registration with restrictions (for instance as to the type of buildings the registered building control body can work) or subject to conditions, and for the Secretary of State (and Welsh Ministers in Wales) to set, in regulations, the length of registrations.
	New sections 58Q to 58X set out more detail on the ongoing regulation of registered building control approvers including applying for a variation or cancellation of registration, that the regulatory authority will publish professional conduct rules, a power for the regulatory authority to seek information from registered building control approvers, and investigations and sanctions if a registered building control approver contravenes the professional conduct rules. It also sets out two new offences of (1) exercising a building control function outside the scope of its registration (i.e. outside the restrictions specified on its registration or taking on new work when suspended), without reasonable excuse (for instance where the approver has not been informed by the regulatory authority that it has been suspended) and (2) of impersonating a registered building control approver with intent to deceive.
	New section 58Y enables the regulatory authority to designate some or all of functions under sections 58B to 58X to be undertaken by another body.
	New section 58Z enables the regulatory authority to make operational standards rules for local authorities and registered building control approvers. Local authorities and registered building control approvers must comply with the rules in the exercise of their building control functions. The regulatory authority must publish the rules and may revise and republish these rules from time to time.
	New section 58Z1 enables the regulatory authority to direct local authorities and registered building control approvers to provide at specified times or intervals, such specified reports, returns and other information relating to the exercise of their building control functions. This could include periodic data reporting. A registered building control approver who fails to comply with the direction or provides false or misleading information commits an offence. This offence is punishable by a fine.
	New section 58Z2 enables Welsh Ministers to request a local authority or registered building control approver to provide any documents or information relating to the exercise of their building control functions. A notice must be provided to the local authority or registered building control approver in writing to specify the nature and type of information required. A registered building control approver who fails to comply with the notice or provides false or misleading information commits an offence that is punishable by a fine.
	New section 58Z3 enables the regulatory authority to investigate a local authority or registered building control approver if they may have failed to meet the operational standards rules. The regulatory authority must first publish a statement of the investigation procedure it intends to follow and allow for the authority or building control approver to make representations. The regulatory authority may revise and publish the revised statement at any time.
	New section 58Z4 allows the regulatory authority to issue an improvement notice to a local authority or registered building control approver if following an investigation or otherwise, they have breached the operational standards rules. The purpose of an improvement order is to direct the authority or registered building control approver in default to remedy the breach as specified in the order. The improvement notice must be served with a statement of reasons to explain why it has been served. In England, copies must be provided to the Secretary of State. In the case of a registered building control approver, copies must additionally be provided to each local authority. The notice has effect for the timeframe specified in the notice or until it is revoked. A local authority or registered building control approver may appeal the improvement notice to the First-tier Tribunal.
	New section 58Z5 allows the regulatory authority to issue a serious contravention notice to a local authority or a registered building control approver if following an investigation or otherwise, it is found that the operational standards rules have been breached and this poses a risk to the safety of people in or about buildings. The regulatory authority may also issue a serious contravention notice if an improvement notice has been breached. The purpose of the serious contravention notice is to direct an authority or registered building control approver to take specific action as set out in the notice to remedy the breach. The serious contravention notice must be served with a statement of reasons to explain why it has been served. In England copies must be provided to the Secretary of State. In the case of a registered building control approver, copies must additionally be provided to each local authority. The notice has effect for the timeframe specified in the notice or until it is revoked. An authority or registered building control approver may appeal the serious contravention notice to the First-tier Tribunal. A person who contravenes the notice commits an offence and is liable to pay a fine.
	New section 58Z6 - If the regulatory authority has given a registered building control approver one or more serious contravention notices and considers the way in which the registered building control approver exercises their building control functions falls short of the standards expected, puts the safety of persons in or about buildings at risk and is likely to continue to do so, the regulatory authority may cancel the building control approver’s registration. The regulatory authority must first notify the registered building control approver that it is considering taking this action and provide its reasons for this. The building control approver must be invited to make any representations in respect of the proposed action within specified timeframes which must be no less than 14 days. Where the regulatory authority proceeds to cancel the approver’s registration, it must notify the approver and each local authority that it has done so and provide a statement explaining why the decision has been taken. A registered building control approver may appeal to the First-tier Tribunal against the cancellation of its registration.
	New section 58Z7- If the Building Safety Regulator has given a local authority one or more serious contravention notice and considers the way in which the authority exercises their building control functions falls short of the expected standards, puts the safety of persons in or about buildings at risk and is likely to continue to do so, the Regulator may recommend to the Secretary of State to make an order for the authority’s functions to be transferred to the Secretary of State or another local authority. The Building Safety Regulator must initially notify the authority that it is considering taking such action and explain its reasons for this. The authority must be invited to make any representations in respect of the proposed action within specified timeframes which must be no less than 14 days. Where the Building Safety Regulator proceeds to act, it must notify the authority that it has done so and provide a statement explaining why the decision has been taken. A local authority may appeal to the First-tier Tribunal against such recommendation.
	New section 58Z8 confers a power on the regulatory authority to inspect local authorities and registered building control approvers, in relation to their building control functions. The reasons for carrying out inspections includes ascertaining the efficiency and effectiveness of a building control body, or for verifying information provided to the regulatory authority by a building control body.