Building Regulations Approval
If you are planning to carry out building work (as defined in regulation 3 of the Building Regulations) then it must comply with the Building Regulations. This means that the regulations will apply if you want to:
- Erect or extend a building
- Install or extend a service or fitting which is controlled under the regulations
- Undertake alterations involving work which will temporarily or permanently affect the ongoing compliance of the building, service or fitting with the requirements relating to structure, fire, or access to and use of buildings
- Insert insulation into a cavity wall
- Underpin the foundations of a building
- Undertake work affecting the thermal elements, energy status or energy performance of a building.
The role of checking that the Building Regulations are, as far as can reasonably be determined, being complied with falls to a building control body – either an Approved Inspector or a Local Authority. The person carrying out the work, usually the building owner, must make an application to one of these bodies in order to engage the building control service.
The duty of building control is to provide an independent third party assessment of Building Regulations compliance through the checking of plans and site inspections as necessary. Building control bodies must take such steps as are reasonable to be satisfied, within the limits of professional skill and care, that the applicable requirements of the Building Regulations are achieved.
With all building work, the owner and occupier of the property or land in question is ultimately responsible for complying with the relevant planning rules and building regulations. A building control body cannot provide a guarantee of compliance with the Building Regulations and the appointment of a building control body does not remove the obligation of the person carrying out the work to achieve compliance. As with all building work, the owner or occupier of the property or land in question should also ensure that all other necessary statutory permissions, i.e. Planning Consent, have also been granted.
About Approved Inspectors
Approved Inspectors are companies that can provide an alternative to obtaining building regulations approval from a local authority. Approved Inspectors employ competent, qualified and experienced building control professionals who can help developers, designers, contractors and building owners achieve Building Regulations compliance on most construction projects – from extensions and one-off homes to large commercial office developments and infrastructure projects. There are over 80 Approved Inspectors operating throughout England and Wales.
Approved Inspectors are the only Building Control Bodies to be approved, independently monitored and regulated by CICAIR under the Building Act 1984 to carry out building control work in England and Wales. In order to maintain their registration, Approved Inspectors are subject to annual monitoring surveillance by CICAIR where they must demonstrate that that they are meeting defined levels of service standards, management systems and retained competences . Approved Inspectors must undertake a rigorous audit and re-licensing process every five years to maintain their registration.
Approved Inspectors are required to adhere to the Construction Industry Council Approved Inspectors Register (CICAIR) Code of Conduct for Approved Inspectors and follow the Building Control Performance Standards in their working practices.
Approved Inspectors are required to ensure that they have in place provision to cover their professional liabilities.
Appointing an Approved Inspector
If you have a project that requires building control approval, you have the choice of whether to use an Approved Inspector or the local authority. The Building Regulations that you are required to comply with do not change irrespective of which building control service provider you choose to use.
To begin the building control process, the Approved Inspector will need to obtain written authorisation from the owner of the building or, in the case of volume housing, the builder or developer, that they have permission to act as the building control body on the project. This is often included as part of an application or project appointment form that you (or your agent) will complete and return to the Approved Inspector.
Once you have formally appointed an Approved Inspector, you and the Approved Inspector jointly notify your local authority of your intended building work on what is called an Initial Notice. The Approved Inspector is able to sign this Initial Notice on your behalf provided they have your authorisation to do so.
Once the Initial Notice has been accepted by your local authority (or deemed accepted after five working days) the responsibility for plan checking and site inspection will be formally placed on the Approved Inspector. You may not commence any work on the project until the Initial Notice has been accepted or until five working days have passed since the Initial Notice was submitted to the local authority.
An Approved Inspector will:
- Advise you on how the Building Regulations apply to your work
- Submit an Initial Notice to the local authority
- Check your plans (if available)
- Issue a Plans Certificate (if requested)
- Consult with the fire and water authorities (if required)
- Inspect the work as it progresses
- Issue a Final Certificate (if the Approved Inspector considers that the work is in compliance with the Building Regulations)
The inspections which building control bodies undertake should not be confused with full site supervision. Inspections are carried out at certain stages of the building work and these inspections are carried out to check, but not to guarantee, that the work complies with the Building Regulations. Final Certificates are therefore not a guarantee or a warranty for the building work that has been carried out. Approved Inspectors do not carry out a traditional ‘Clerk of Works’ service that monitors every stage of the construction process and, should you require this service, you may wish to appoint a qualified professional to undertake this function.