Part 3: Building Act 1984 Building control approvers and building inspectors Section 44: Functions exercisable only through, or with advice of, registered building inspectors Effect
This section amends the Building Act 1984 to insert new sections 46A and 54B.
	In relation to building control authorities (defined in section 120A as the Building Safety Regulator and the relevant local authority (section 120A was inserted into the Building Act 1984 by section 32)), section 46A provides that prescribed building control functions will be specified as functions which building control authorities will only be able to carry out having first obtained and considered the advice of a registered building inspector. New section 54B makes the same provision in relation to registered building control approvers. The purpose of these provisions is to ensure that the Building Safety Regulator, local authorities and registered building control approvers take advice from individuals who have demonstrated relevant expertise before important building control decisions are taken. These restricted functions will be set out in secondary legislation.
	In relation to building control authorities, new section 46A provides that building control authorities must only carry out certain restricted activities through using an appropriately registered building inspector. These activities will be set out in secondary legislation and is likely to include activities like formal building control inspections. New section 54B makes the same provision in relation to registered building control approvers. The purpose of these provisions is to ensure that individuals who have demonstrated relevant competence are carrying out the important activities that are part of the building control process.
	Building control authorities have a statutory duty to supervise and enforce building regulations in their area under section 91(2) of the Building Act 1984 in the case of local authorities, and the new building control regime for higher-risk buildings (and other buildings where a regulator’s notice is in force (see section 32) in the case of the Building Safety Regulator. It is not intended that all of the work they do under this duty will be specified as a function which they must not exercise before they have obtained and considered a registered building inspector’s advice. It is intended that the specified functions of a building control authority will be broadly equivalent to those of a registered building control approver.
	Some examples of local authority functions that could be specified in secondary legislation as functions which an authority can only exercise after obtaining and considering advice from a registered building inspector may include approval or rejection of full building plans and issuing completion certificates. Some examples of Building Safety Regulator functions that might be specified include approving a construction Gateway application for a higher-risk building or issuing a completion certificate. Some examples of registered building control approver functions that could be specified in secondary legislation include sending initial notices and issuing plans and final certificates.
	This section requires that building control authorities and registered building control approvers must obtain and consider the advice of a registered building inspector each time they want to make a decision on a restricted function and to use an appropriately registered building inspector to carry out restricted activities on their behalf. If a registered building control approver breaches these requirements it can be prosecuted and, if found guilty, fined. For building control authorities, in the case of failure to use a registered building inspector to carry out restricted activities or to seek advice from a registered building inspector, their building control decision could be called into question and subject to judicial review for failing to follow the legislative process.