Part 3: Building Act 1984 Building control approvers and building inspectors Section 42: Regulation of building control profession Background
This is a new provision.
Example 1: Individual building inspector registration
An individual who wants to work as a registered building inspector will need to submit an application to the regulatory authority demonstrating how they meet the published criteria. The criteria set by the regulatory authority may include measures of competence, being a fit and proper person, previous experience etc. Upon reviewing the application, the regulatory authority will decide whether or not to grant registration and if any restrictions or conditions should be imposed on the inspector’s registration. Restrictions may include matters such as the type or height of buildings an inspector may advise on.
Example 2: Building control approver registration
A person (for instance a private sector company or sole trader) who wishes to undertake building control work under Part 2 of the Building Act 1984 will need to be registered. A person will need to submit an application to the Building Safety Regulator demonstrating how they meet the regulatory authority’s criteria for registration as a building control approver. After reviewing the application, the regulatory authority will decide whether or not to grant registration and if there are any restrictions or conditions that should be imposed on the building control approver’s registration. Restrictions may include matters such as the type or height of buildings a building control approver can work on.
Section 58Z - The regulatory authority publishes operational standards rules for local authorities and registered building control approver. Local authorities and registered building control approver have to adhere to these rules and comply with the requirements in the exercise of their duties and functions. Over the course of time, there are changes within the industry which mean that the rules need to be revised to reflect best practice requirements for local authorities and registered building control approver. The regulatory authority may revise the rules and must publish the revised rules for local authorities and registered building control approvers to see so that they have access to it.
Section 58Z1 - The regulatory authority requires information from a registered building control approver in relation to the exercise of its building control function. The Building Safety Regulator writes to the building control approver to direct it to provide specific reports, returns and other information and specifies the date when the information is to be provided. In providing its return to the regulatory authority, the building control approver provides false and misleading reports and therefore commits an offence. The registered building control approver is convicted of the offence and ordered to pay a fine.
Section 58Z2 - Welsh Ministers require information from a registered building control approver in relation to its building control functions. The Welsh Ministers provide a notice in writing to the registered building control approver which specifies the information required, the date by which it is required and the form the information must be provided in. The registered building control approver fails to comply with the notice. The registered building control approver commits an offence by failing to provide the information requested. The registered building control approver is convicted of the offence and ordered to pay a fine.
Section 58Z3 - The regulatory authority receives a complaint that a local authority has failed to meet the operational standards rules in the exercise of their building control functions. The regulatory authority decides to investigate the local authority. The regulatory authority will have published a statement outlining the procedures it will follow in relation to investigations and provides an opportunity for the local authority to make representations during the investigation.
Section 58Z4 - Following an investigation, it is established that the operational standards rules have been breached by local authority. To remedy the situation, the regulatory authority serves an improvement notice on the local authority together with a statement of reasons explaining why the notice has been served. In England the Building Safety Regulator also provides copies to the Secretary of State. The regulatory authority sets out in the notice what specific actions the authority must take to resolve the breach and sets a timeframe of 28 days to complete these actions. The local authority reads the statement of reasons and understands why the decision has been taken to serve the notice. The local authority chooses to comply with the notice and does not appeal to the First-tier Tribunal. The local authority undertakes all actions set out in the improvement notice within 28 days to remedy the breach.
Section 58Z5 - Following an investigation, it is established that the operational standards rules have been breached by a local authority and this represents a risk to the safety of people in or about the buildings in concern. To remedy the situation, the regulatory authority serves a serious contravention notice on the local authority together with a statement of reasons to explain why the notice has been served. In England the Building Safety Regulator also provides copies to the Secretary of State. The regulatory authority sets out in the notice what specific actions the authority must take to resolve the breach and sets a timeframe of 28 days to complete these actions. The local authority does not appeal the notice to the First-tier Tribunal. The local authority reads the statement of reasons and understands why the decision has been made to serve the notice. The local authority, however, fails to comply with the notice and does not undertake the actions as set out within the 28-day timeframe. The local authority does not have reasonable justification for failing to carry out the actions as directed in the notice and is therefore convicted of this offence and is ordered to pay a fine.
Section 58Z6 - The regulatory authority has given a registered building control approver a serious contravention notice, and the approver appears to be continuing to exercise their building control functions below the expected standard, putting the safety of persons at risk. The regulatory authority considers that the appropriate next step is to cancel the approver’s registration. The regulatory authority notifies the approver that it is considering taking such action and explains its reasons. The approver is invited to make any representations within 14 days in respect of this proposed action. After representations have been made, the regulatory authority considers it appropriate to proceed to act and it notifies the approver that it has done so and provides a statement explaining why the decision has been taken. The regulatory authority also notifies each local authority in England. The approver chooses not to appeal the decision to the First-tier Tribunal.
Section 58Z7 - The Building Safety Regulator has given a local authority in England a serious contravention notice, and the local authority appears to be continuing to exercise their building control functions below the expected standard, putting the safety of persons at risk. The Building Safety Regulator considers that the appropriate next step is to recommend to the Secretary of State to make an order to transfer the authority’s functions to another local authority. The Building Safety Regulator notifies the local authority that it is considering taking such action and explain its reasons. The local authority is invited to make any representations within 14 days in respect of this proposed action. After representations have been made, the Building Safety Regulator considers it appropriate to proceed to act and it notifies the authority that it has done so and provides a statement explaining why the decision has been taken. The local authority chooses not to appeal this decision to the First-tier Tribunal.