The Building (Registered Building Control Approvers etc.) (England) Regulations 2024
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Change 1
SCHEDULE 3 Grounds for rejecting a plans certificate or plans certificate combined with an initial notice
Regulation 11 Form 1 The certificate is not in the prescribed form. Wrong building control authority 2 No part of the work described in the plans certificate is to be carried out in the area of the local authority to whom the certificate has been given. Work 3 The certificate does not describe the work to which it relates. Optional requirements 4 The certificate does not contain— (a) information whether or not the work concerns a new dwelling; or (b) in the case of a new dwelling, information whether or not one or more, and if so which, of the following optional requirements applies to the building work— (i) regulation 36(2)(b) (optional water efficiency requirement of 110 litres per person per day), (ii) Schedule 1 Part M optional requirement M4(2) (category 2- accessible and adaptable dwellings), (iii) Schedule 1 Part M optional requirement M4(3) (category 3- wheelchair user dwellings); or (c) in the case of a plans certificate relating to a new dwelling, a statement that it relates only to such part of the work to which no requirement under regulation 36 of, or requirements M4(1), (2) or (3) of Schedule 1 to, the Building Regulations 2010 may apply. Plans 5 The certificate does not specify the plans to which it relates. No initial notice 6 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 approver 7 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 approver who gave the initial notice, (b) the person who signed the certificate is not an approver on the date the notice is rejected, or (c) where they are an approver, their registration does not include all the work described in the certificate. Breach of section 54B 8 The person specified in the certificate as the registered building inspector who gave advice in relation to that certificate— (a) was not a registered building inspector on the date the certificate was submitted, or (b) was a registered building inspector on that date but their registration did not include all the work described in the certificate. Fire and rescue authority 9 The approver was obliged by regulation 9 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that the approver has consulted them in accordance with that regulation. Sewerage undertaker 10 The approver was obliged by regulation 10 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that the approver has consulted them in accordance with that regulation. Independence 11 The certificate does not contain a declaration by the approver that the approver has not since giving the initial notice in question had any professional or financial interest in that work.
SCHEDULE 3 Grounds for rejecting a plans certificate or plans certificate combined with an initial notice
Regulation 11 Form 1 The certificate is not in the prescribed form. Wrong building control authority 2 No part of the work described in the plans certificate is to be carried out in the area of the local authority to whom the certificate has been given. Work 3 The certificate does not describe the work to which it relates. Optional requirements 4 The certificate does not contain— (a) information whether or not the work concerns a new dwelling; or (b) in the case of a new dwelling, information whether or not one or more, and if so which, of the following optional requirements applies to the building work— (i) regulation 36(2)(b) (optional water efficiency requirement of 110 litres per person per day), (ii) Schedule 1 Part M optional requirement M4(2) (category 2- accessible and adaptable dwellings), (iii) Schedule 1 Part M optional requirement M4(3) (category 3- wheelchair user dwellings); or (c) in the case of a plans certificate relating to a new dwelling, a statement that it relates only to such part of the work to which no requirement under regulation 36 of, or requirements M4(1), (2) or (3) of Schedule 1 to, the Building Regulations 2010 may apply. Plans 5 The certificate does not specify the plans to which it relates. No initial notice 6 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 approver 7 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 approver who gave the initial notice, (b) the person who signed the certificate is not an approver on the date the notice is rejected, or (c) where they are an approver, their registration does not include all the work described in the certificate. Breach of section 54B 8 The person specified in the certificate as the registered building inspector who gave advice in relation to that certificate— (a) was not a registered building inspector on the date the certificate was submitted, or (b) was a registered building inspector on that date but their registration did not include all the work described in the certificate. Fire and rescue authority 9 The approver was obliged by regulation 9 to consult the fire and rescue authority before giving the certificate, but the certificate does not contain a declaration that the approver has consulted them in accordance with that regulation. Sewerage undertaker 10 The approver was obliged by regulation 10 to consult the sewerage undertaker before giving the certificate, but the certificate does not contain a declaration that the approver has consulted them in accordance with that regulation. Independence 11 The certificate does not contain a declaration by the approver that the approver has not since giving the initial notice in question had any professional or financial interest in that work.
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