Information Releases

As a result of Active Building Control ceasing to trade on 31 January 2023, Active Building Control was removed from the Approved Inspectors Register with effect from 11.59pm on 31 January 2023.

Begbies Traynor,  insolvency practitioners ,are currently advising Active Building Control, with a view to placing Active Building Control into liquidation.

Enquiries regarding Active Building Control should be directed to the liquidators, Begbies Traynor, at .

Full details for the liquidators are:

Begbies Traynor, Unit 11, Lymedale Business Centre, Lymedale Business Park, Hooters Hall Road, Newcastle, Staffordshire, ST5 9QF, Telephone:  01782 569 510

Active Building Control has issued a statement on their website. Please click here

On 9 December 2021, CICAIR released a statement concerning Assent Building Control Limited (“Assent”).

In that Statement, CICAIR said that Assent had been subject to disciplinary proceedings which had resulted in a Level 3 Sanction imposed in accordance with the then Sanctions Guidance and a recommended period of withdrawal of approval. The Statement confirmed that Assent’s appeal had been dismissed and that Assent had commenced Judicial Review proceedings.

Assent commenced Judicial Review proceedings in the High Court alleging that, amongst other things, CICAIR’s previous Sanctions Guidance was unfair, unfit for purpose and thus unlawful. Following a review, CICAIR decided to consult on proposals that its Sanctions Guidance be revised to both expand the range of sanctions available to a Disciplinary or Appeal Panel, and further to expressly set out aggravating and mitigating factors which a panel should consider when deciding on sanction for an Approved Inspector’s conduct. Following that consultation, CICAIR adopted new Sanctions Guidance effective 1 September 2022 which will provide greater flexibility to CICAIR panels to address the range of conduct issues they are asked to consider.

Accordingly, CICAIR and Assent agreed to explore a way in which the Judicial Review proceedings could be resolved. This included agreeing that the previous Disciplinary and Appeal Panel Decisions be quashed and remitting the original complaint to a new Disciplinary Panel for determination under the new Sanctions Guidance.

Assent and CICAIR are pleased that they have been able to work together to arrive at a now mutually agreed solution which, because of the newly adopted guidance, will also be to the benefit of the profession and public more generally.

Thames Water recently announced that it will not review or respond to H4 Consultations after Friday 21 October 2022. Applications for Build Over Agreements are not covered by this and will continue to be reviewed by Thames Water.

In response to this announcement, CICAIR has communicated with Approved Inspectors on their obligations to consult Thames Water. Please note the communication applies only where Thames Water is the relevant sewerage undertaker.

The communication issued can be found here.

At its Board meeting on 30 August 2022, following a public consultation exercise, the CICAIR Board approved new Sanctions Guidance, and associated changes to its Complaints and Disciplinary Protocols.

The new Sanctions Guidance and revised protocols will take effect from 1 September 2022.

Consultation responses can be found here, along with CICAIR’s response to the comments submitted.

The revised documents can be found here

On 28 July 2022, changes were made to the Approved Inspector Schemes of insurance for England and Wales.  The change to the regulations remove the need for Approved Inspectors to hold insurance as part of a government approved scheme.

The requirement to hold adequate insurance remains a requirement in the CICAIR Code of Conduct (Accountability- 3.5 – maintain adequate insurance and advise their insurers of a potential claim in accordance with the insurers requirements).

In line with the requirements of the CICAIR Code of Conduct, it is incumbent on each Approved Inspector to ensure that they have in place provision to cover their professional liabilities whilst carrying out their function as an Approved Inspector. Each Approved Inspector has a professional responsibility to assess its exposure and determine how its liabilities are covered.

Over the coming months, we will be reviewing our professional standards requirements to reflect the new regulatory environment and determine how CICAIR intends to monitor and regulate the profession with regards to liability cover.

Details on the regulation changes in England can be viewed here, along with an explanatory memorandum.

Details on the regulation changes in Wales can be viewed here.

CICAIR has  recently undertaken a review of its current Sanctions Guidance.  As a consequence, the CICAIR Board has agreed to undertake a consultation exercise on new draft Indicative Sanctions Guidance.

More information on the consultation can be found here.

In accordance with regulation 6(2) of the Building (Approved Inspectors etc.) Regulations 2010, on 11 January 2022, CICAIR notified Building Control Approval Ltd (BCA) of its decision to withdraw BCA’s Approval Notice (licence), with this withdrawal to be effective from 11 April 2022.  CICAIR made this decision following an unsuccessful re-approval audit of BCA.

To facilitate an orderly wind down and transfer process, BCA will remain licensed until 11 April 2022.  During this period, BCA will be able to undertake the functions of an Approved Inspector so that it can bring its current projects to a satisfactory resolution, either by completing the project, transferring it to another Approved Inspector, or a local authority.  CICAIR understands that BCA is already working with clients directly to discuss individual projects and appropriate next steps.

The withdrawal of an Approved Inspector’s Notice of Approval (licence) is not a decision taken lightly by CICAIR and it is indeed something that happens rarely.  Such a decision is made in full consideration of CICAIR’s obligation, as a public interest regulator, to uphold the standards that underpin the Approved Inspectors Register. This is also paramount to ensure public trust and confidence is maintained both in respect of CICAIR (in exercising its regulatory functions) and in respect of the wider profession.  

On 28 September 2020, Assent Building Control Limited (“Assent”) was convicted of an offence under section 57(1) (b) of the Building Act 1984 at Luton Crown Court.

On 25 March 2021, a CICAIR Disciplinary Panel was convened in accordance with the CICAIR Disciplinary Protocol (Issue 2 May 2017) to consider a complaint referred by CICAIR pursuant to section 3.2 of that Protocol.  In its decision dated 7 April 2021, the Disciplinary Panel recommended that a Level 3 Sanction of “Unacceptable Breach” be imposed and recommended to CICAIR’s Registrar that the period of withdrawal of approval in respect of Assent should be for two years. The CICAIR Registrar accepted these recommendations.

On 20 April 2021, Assent notified CICAIR that it would be appealing the Disciplinary Panel’s decision. Due to the seriousness of the ramifications in respect of this on Assent’s business if the appeal was upheld, CICAIR agreed a stay of the imposition of the sanction while the appeal was heard and determined.

On 16 November 2021, a CICAIR Appeal Panel heard Assent’s appeal and on 22 November 2021, the appeal was dismissed. Assent maintains that the intended Sanction is unfair and has commenced Judicial Review proceedings. This notice will be updated following the conclusion of the Judicial Review proceedings. In the meantime, Assent Building Control Ltd remains on the Approved Inspectors Register and is able to discharge all duties as an Approved Inspector.