CICAIR launches consultation on new Indicative Sanctions Guidance
13 May 2022
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.
Building Control Approval Ltd (registration #148)
8 February 2022
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.
Assent Building Control Ltd – Outcome of Disciplinary Appeal
9 December 2021
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.