The Building Act 1984 is the primary enabling legislation under which secondary legislation such as the Building Regulations and the Building (Approved Inspectors etc.) Regulations are made.
In order to secure health, safety, welfare and convenience of persons in and about buildings, Approved Inspectors are required to take such steps as are reasonable to enable the Approved Inspector to be satisfied, within the limits of professional skill and care, that the applicable aspects of the Building Regulations are complied with.
To help Approved Inspectors operate to appropriate professional and ethical standards in the delivery of this objective, CICAIR has introduced a Code of Conduct which all Approved Inspectors are required to adhere to.
The role of building control
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. The role of checking that 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 has the choice of which Building Control Body to use.
The role of building control is to act as an independent third party check and to take such steps as are reasonable to be satisfied that the Works comply with the Building Regulations.
It is NOT the role of building control to:
- Provide quality control of the Works.
- Provide a ‘clerk of works’ service monitoring every stage of the construction process.
- Provide a service to address issues such as the finish and aesthetics of the Works where these are not Building Regulation matters.
- Provide a service to offer contractual protection between the person carrying out the work and the parties engaged in the design and/or construction of such work.
- Provide a guarantee of compliance with the Building Regulations. The appointment of a Building Control Body does not remove the obligation of the person carrying out the work to achieve compliance.
Scope of the Code of Conduct for Approved Inspectors
The Code of Conduct sets out the fundamental principles of behaviour that Approved Inspectors are expected to adhere to and the standards of professional conduct and practice expected of Approved Inspectors. It is an important document in ensuring consistency of conduct and appropriate standards of service from Approved Inspectors.
Application of the Code of Conduct for Approved Inspectors
A complaint can be raised about an Approved Inspector that has not complied with the Code of Conduct and disciplinary action may be taken against an Approved Inspector for non-compliance with the Code.