FORM
12
Paragraph 3 of Schedule 4 to the Building Act 1984 ("the Act")
The Building (Approved Inspectors etc.) Regulations 2000 ("the 2000 Regulations")
PUBLIC BODY'S FINAL CERTIFICATE
1.
This certificate relates to the following work: (1)
2.
The work described above is [the whole]/[part] (2) of the work described in a public body's notice given by (3) on (4). Subject to what is said in paragraph 3 below, the work has been supervised by the servant or agent of (3) to ensure compliance with those substantive requirements of building regulations which apply to it.
[3.
The work to which this certificate relates involves the insertion of insulating material into a cavity wall and this [has]/[has not] (2) been carried out.] (5)
[4.
A public body's final certificate has now been issued in respect of all the work specified in the public body's notice referred to in paragraph 2.] (5)
[5.
The fire authority has been consulted in accordance with regulation 23.] (5)
Signature
Date
NOTES
(1) Location and description of the work, including the use of any building to which the work relates.
(2) Delete whichever does not apply.
(3) Insert the name of the public body.
(4) Insert the date.
(5) Delete this statement if it does not apply.
SCHEDULE 3Regulations 8(3), 9(3) and 15(2)
GROUNDS FOR REJECTING AN INITIAL NOTICE, AN AMENDMENT NOTICE, OR A PLANS CERTIFICATE COMBINED WITH AN INITIAL NOTICE
Deficiencies in initial notice
Form
1.
The notice is not in the prescribed form.
Wrong local authority
2.
No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.
Capacity of approved inspector
3.
The person who signed the notice as approved inspector is not an approved inspector.
Deficiencies in information
Information about the proposed work
4.
Neither the notice nor the accompanying plans and documents include -
(a) the location and a description of the work, including the use of any building to which the work relates;
(b) information needed by the local authority to decide whether the notice is to be rejected on ground 9, 10 or 11.
Notice of approval
5.
In the case of a notice signed by an inspector approved in accordance with regulation 3(1) by a designated body, the initial notice is not accompanied by a copy of the notice of his approval.
Lack of declaration or undertakings
Insurance
6.
The notice is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work described in the notice.
Fire authority
7.
The approved inspector will be obliged by regulation 13 to consult the fire authority before giving a plans certificate or final certificate, and the notice does not contain an undertaking to do so.
Independence
8.
Except where the work described in the notice is stated in it to be minor work within the meaning of regulation 10(1), the notice does not contain a declaration by the approved inspector that he does not, and while the initial notice is in force will not, have any professional or financial interest in that work.
Deficiencies in the proposed work
Drain outfall
9.
In the case of the erection or extension of a building, the local authority are not satisfied that either -
(a) any proposed drain or private sewer will be deemed to be a satisfactory drain by virtue of section 21(4) and (5) of the Act, or
(b) in the particular case they may properly dispense with any provision for drainage.
Building over sewers
10.
The work described includes the erection of a building or extension over a sewer or drain shown on the relative map of sewers, and the local authority are not satisfied that in the circumstances of the particular case they may properly consent to the erection of the proposed building or extension either unconditionally or subject to compliance with any requirements imposed as a condition of accepting the notice.
Local enactments
11.
The local authority are not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations.
Overlap with earlier notice
Earlier notice
12.
- (1) Except where paragraph (2) applies, an initial notice ("an earlier notice") has already been given in respect of any part of the work described in the notice.
(2) The ground in paragraph (1) does not apply if -
(a) an earlier notice has ceased to be in force and the local authority have taken no positive step to supervise the work described in it; or
(b) the notice is accompanied by an undertaking by the approved inspector who gave an earlier notice to the effect that he will cancel that notice as soon as the initial notice under consideration is accepted.
SCHEDULE 4Regulations 15(1) and 15(2)
GROUNDS FOR REJECTING A PLANS CERTIFICATE, OR A PLANS CERTIFICATE COMBINED WITH AN INITIAL NOTICE
Deficiencies in form and information
Form
1.
The certificate is not in the prescribed form.
Work
2.
The certificate does not describe the work to which it relates.
Plans
3.
The certificate does not specify the plans to which it relates.
Absence of power to give certificate
No initial notice
4.
Except where the plans certificate is combined with an initial notice, no initial notice was in force with respect to the work described in the certificate at the time the certificate was given.
Capacity of approved inspector
5.
An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but -
(a) the certificate is not signed by the approved inspector who gave that notice; or
(b) that person is no longer an approved inspector.
Lack of declarations
Insurance
6.
The certificate is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work to which the certificate relates.
Fire authority
7.
The approved inspector was obliged by regulation 13 to consult the fire authority before giving the certificate, but the certificate does not contain a declaration that he has consulted them in accordance with that regulation.
Independence
8.
Except where the work to which it relates is stated in the certificate to be minor work, within the meaning of regulation 10(1), the certificate does not contain a declaration by the approved inspector that he has not since giving the initial notice in question had any professional or financial interest in that work.
SCHEDULE 5Regulation 17(1)
GROUNDS FOR REJECTING A FINAL CERTIFICATE
Deficiencies in form and information
Form
1.
The certificate is not in the prescribed form.
Work
2.
The certificate does not describe the work to which it relates.
Absence of power to give certificate
No initial notice
3.
No initial notice was in force with respect to the work described in the certificate at the time the certificate was given.
Capacity of approved inspector
4.
An initial notice was in force with respect to the work described in the certificate at the time the certificate was given, but -
(a) the certificate is not signed by the approved inspector who gave that notice, or
(b) that person is no longer an approved inspector.
Lack of declarations
Insurance
5.
The certificate is not accompanied by a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the work to which the certificate relates.
Independence
6.
Except where the work to which it relates is stated in the certificate to be minor work within the meaning of regulation 10(1), the certificate does not contain a declaration by the approved inspector that he has not since giving that notice had any professional or financial interest in that work.
SCHEDULE 6Regulations 22(3) and 25(2)
GROUNDS FOR REJECTING A PUBLIC BODY'S NOTICE, OR A COMBINED PUBLIC BODY'S NOTICE AND PLANS CERTIFICATE
Deficiencies in public body's notice
Form
1.
The notice is not in the prescribed form.
Wrong local authority
2.
No part of the work described in the notice is to be carried out in the area of the local authority to whom the notice has been given.
Capacity of public body
3.
The body on behalf of which the notice was signed is not a public body within the meaning of section 54 of the Act.
Deficiencies in information
Information about the proposed work
4.
Neither the notice nor the accompanying plans and documents include -
(a) the location and a description of the work, including the use of any building to which the work relates;
(b) information needed by the local authority to decide whether the notice is to be rejected on ground 6, 7 or 8.
Lack of undertaking
Fire authority
5.
The public body will be obliged by regulation 23 to consult the fire authority before giving a public body's plans certificate or a public body's final certificate, and the notice does not contain an undertaking to do so.
Deficiencies in the proposed work
Drain outfall
6.
In the case of the erection or extension of a building, the local authority are not satisfied that either -
(a) any proposed drain or private sewer will be deemed to be a satisfactory drain by virtue of section 21(4) and (5) of the Act, or
(b) in the particular case they may properly dispense with any provision for drainage.
Building over sewers
7.
The work described includes the erection of a building or extension over a sewer or drain shown on the relative map of sewers, and the local authority are not satisfied that in the circumstances of the particular case they may properly consent to the erection of the proposed building or extension either unconditionally or subject to compliance with any requirements imposed as a condition of accepting the notice.
Local enactments
8.
The local authority are not satisfied that the work described will comply with any local enactment which requires or authorises them to reject plans submitted in accordance with building regulations.
SCHEDULE 7Regulations 25(1) and 25(2)
GROUNDS FOR REJECTING A PUBLIC BODY'S PLANS CERTIFICATE, OR A COMBINED PUBLIC BODY'S NOTICE AND PLANS CERTIFICATE
Deficiencies in form and information
Form
1.
The certificate is not in the prescribed form.
Work
2.
The certificate does not describe the work to which it relates.
Plans
3.
The certificate does not specify the plans to which it relates.
Absence of power to give certificate
No public body's notice
4.
Except where the public body's plans certificate is combined with a public body's notice, no public body's notice was in force in respect of work described in the certificate at the time the certificate was given.
Capacity of public body
5.
A public body's notice was in force with respect to the work described in the certificate at the time the certificate was given, but -
(a) the certificate is not signed by or on behalf of the public body which gave that notice; or
(b) that body has ceased to be a public body within the meaning of section 54 of the Act.
Lack of declaration
Fire authority
6.
The public body was obliged by regulation 23 to consult the fire authority before giving the certificate, but the certificate does not contain a declaration that they have been consulted in accordance with that regulation.
SCHEDULE 8Regulation 27(1)
GROUNDS FOR REJECTING A PUBLIC BODY'S FINAL CERTIFICATE
Deficiencies in form and information
Form
1.
The certificate is not in the prescribed form.
Work
2.
The certificate does not describe the work to which it relates.
Absence of power to give certificate
Capacity of public body
3.
No public body's notice was in force with respect to the work described in the certificate at the time the certificate was given.
No proper signature
4.
A public body's notice was in force with respect to the work described in the certificate at the time when the certificate was given, but the certificate is not signed by or on behalf of the public body which gave that notice.
Lack of declaration
Fire authority
5.
The public body was obliged by regulation 23 to consult the fire authority before giving the certificate, but the certificate does not contain a declaration that they were consulted in accordance with that regulation.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made under the Building Act 1984 ("the Act"). They revoke and replace with amendments the Building (Approved Inspectors etc.) Regulations 1985 ("the 1985 Regulations") and consolidate all subsequent amendments to those Regulations.
The Regulations for the most part carry forward the provisions of the 1985 Regulations, as successively amended, with minor alterations to clarify the sense. Additional or revised requirements are introduced by regulations 12 and 13 (see below).
These Regulations are principally concerned with the inspection of plans and of building work. The Act provides that the responsibility for inspecting plans and building work for compliance with building regulations may, at the option of the person intending to carry out the work, be given to an approved inspector instead of to the local authority. The Act further provides that approved public bodies may supervise their own work.
Regulation 1 revokes the Regulations specified in Schedule 1.
Regulation 2 contains definitions used in these Regulations.
Regulations 3 to 7 deal with the procedures for approving inspectors. Regulation 3 sets out the information to be provided by those wishing to become approved inspectors. Regulation 4 provides for the Secretary of State to designate bodies to approve inspectors. Regulation 6 provides for the termination of approvals and designations. Regulation 7 provides for the Secretary of State to maintain lists of designated bodies and of inspectors approved by him; and for designated bodies to maintain lists of inspectors approved by them. Local authorities are to be given information about designated bodies and approved inspectors.
Regulations 8(1), 9(1), 14 and 17(1) and Schedule 2 (forms 1 to 5) prescribe the forms of various notices and certificates to be given where an approved inspector supervises building work.
Regulations 8(3), 9(3), 15(1), 15(2) and 17(1) and Schedules 3 to 5 prescribe the grounds on which approved inspectors' notices and certificates are to be rejected.
Regulation 10 requires that approved inspectors have no professional or financial interest in the work that they supervise unless it is minor work.
Regulation 11 specifies the functions of approved inspectors when supervising building work.
Regulation 12 requires the calculation of an energy rating for a new dwelling where the work is being supervised by an approved inspector. It corresponds to regulation 16 of the Building Regulations 2000, which does not apply in cases where work is being so supervised. Regulation 12 requires notification of the energy rating to the approved inspector. Regulation 12 further requires the posting in the dwelling of a notice of that rating, or, in certain circumstances, the giving of a notice of that rating to the occupier of the dwelling - these requirements are additional to those arising under the equivalent provisions in the 1985 Regulations, as amended, i.e. those in regulation 10A, introduced by S.I. 1995/1387.
Regulation 13 specifies the consultations to take place between an approved inspector and the fire authority. The requirements of regulation 13 differ from those of the corresponding provisions of the 1985 Regulations, i.e. those in regulation 11 of those Regulations. This is to align the requirements for consultation more closely with those applicable to local authorities under section 16 of the Fire Precautions Act 1971.
Regulations 16, 18 and 19 deal with the consequences of the cessation and cancellation of an initial notice. Schedule 2 (forms 6 to 8) prescribes the cancellation notices.
Regulation 20 provides for the position where an initial notice ceases to be in force and the local authority's powers to supervise the building work are consequently revived.
Regulations 21 to 28, Schedule 2 (forms 9 to 12) and Schedules 6 to 8 are concerned with public bodies and their supervision of their own work. These provisions are generally comparable to those relating to approved inspectors.
Regulation 29 is concerned with the approval of persons to certify under section 16(9) of the Act plans deposited with the local authority. They adapt certain provisions of the Regulations applying to approved inspectors. No form of certificate is prescribed.
Regulation 30 is a general provision. Local authorities are to keep registers of all notices provided for in these Regulations that are in force and of all certificates that they have accepted in accordance with these Regulations.
Regulation 31 provides that these Regulations, except regulations 12 and 20, are designated as a provision to which section 35 of the Act does not apply; accordingly, contravention of regulation 12 or regulation 20 is an offence.
Regulation 32 sets out the transitional provisions that apply to these Regulations.
A Regulatory Impact Assessment has been prepared for the new and expanded requirements contained in regulations 12 and 13. A copy may be obtained from Building Regulations Division, DETR, Zone 3/A1, Eland House, Bressenden Place, London, SW1E 5DU (Tel: 020 7944 5753; Fax: 020 7944 5739; E-mail: bregsa_br@detr.gov.uk).
Notes: