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STATUTORY INSTRUMENTS

2001 No. 3336

BUILDING AND BUILDINGS, ENGLAND AND WALES

The Building (Approved Inspectors etc.) (Amendment) Regulations 2001

  Made 4th October 2001 
  Laid before Parliament 11th October 2001 
  Coming into force 1st April 2002 

The Secretary of State, in exercise of the powers conferred upon him by section 1(1), 47(2) and 47(5) of, and paragraphs 2, 3 and 7 of Schedule 1 to, the Building Act 1984[1], and of all other powers enabling him in that behalf, after consulting the Building Regulations Advisory Committee and such other bodies as appear to him to be representative of the interests concerned in accordance with section 14(3) of that Act, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Building (Approved Inspectors etc.) (Amendment) Regulations 2001 and shall come into force on 1st April 2002.

Amendments to the Regulations
     2. The Building (Approved Inspectors etc.) Regulations 2000[2] ("the 2000 Regulations") shall be amended as follows.

Interpretation
     3. In regulation 2, in the definition of "controlled service or fitting" in paragraph (1), for "Part G, H or J" there shall be substituted "Part G, H, J or L".

Functions of approved inspectors
     4. In regulation11 - 

Consultation with sewerage undertaker - approved inspector
     5. After regulation 13 (approved inspector's consultation with the fire authority), there shall be inserted the following regulation - 

Consultation with sewerage undertaker - public bodies
     6. After regulation 23 there shall be added the following regulation - 

Forms
     7. The amendments to Schedule 2 to the 2000 Regulations specified in the Schedule to these Regulations shall have effect.

Grounds for rejection of notices and certificates
     8.  - (1) In Schedule 3 (initial notice, amendment notice, or plans certificate combined with initial notice)

    (2) In Schedule 4 (plans certificate, or plans certificate combined with initial notice), after paragraph 7, the following paragraph shall be inserted - 

    (3) In Schedule 6 (public body's notice, or combined public body's notice and plans certificate)

    (4) The following paragraph shall be added in Schedule 7 (public body's plans certificate, or combined public body's notice and plans certificate), after paragraph 6 as new paragraph 7, and in Schedule 8 (public body's final certificate), after paragraph 5 as new paragraph 6 - 

Transitional provisions
     9.  - (1) Subject to paragraph (2), where before 1st April 2002 building work has commenced in accordance with an initial notice, an amendment notice or a public body's notice [3] given in accordance with section 47(1), 51A(2) or 54(1) respectively of the Act, the 2000 Regulations shall continue to apply to that building work as if these Regulations had not been made.

    (2) Where an initial notice given before 1st April 2002 is varied by an amendment notice given on or after that date, the 2000 Regulations shall continue to apply, as if these Regulations had not been made, in relation to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

    (3) Where plans of building work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st April 2002 in accordance with section 50 of the Act, and accepted by the local authority either before, on or after that date, the 2000 Regulations shall continue to apply to that building work as if these Regulations had not been made, whether or not the building work departs from those plans.

    (4) Paragraphs (1) to (3) shall not apply to the amendments to the 2000 Regulations made by regulations 4 (a) and 4 (b) of these Regulations.

    (5) In paragraphs (1) to (3), "building work" and "the Act" have the same meaning as in the 2000 Regulations.



Signed by authority of the Secretary of State for Transport, Local Government and the Regions.


Nick Raynsford
Minister of State Department for Transport, Local Government and the Regions.

October 2001



SCHEDULE
Regulation 7


Amendments to forms in Schedule 2 to the 2000 Regulations


     1. In Form 1 (initial notice) - 

    (1) paragraph 4(c) shall be amended as follows - 

    (2) paragraph 4(d) shall be omitted.

    (3) after paragraph 8, the following paragraphs shall be inserted - 

(4) after note 10, the following note shall be added - 

     2. In Form 2 (amendment notice) - 

    (1) paragraph 3(e) shall be amended as follows - 

    (2) paragraph 3(f) shall be omitted.

    (3) after paragraph 8, the following paragraphs shall be inserted - 

(4) after note 9, the following note shall be added - 

     3. In Form 3 (plans certificate), after paragraph 7, the following paragraph shall be inserted - 

     4. In Form 4 (combined initial notice and plans certificate) - 

    (1) paragraph 4(c) shall be amended as follows - 

    (2) paragraph 4(d) shall be omitted.

    (3) after paragraph 10, the following paragraphs shall be inserted - 

    (4) after note 10, the following note shall be inserted - 

     5. In Form 9 (public body's notice) - 

    (1) paragraph 3(a) shall be amended as follows - 

    (2) paragraph 3(b) shall be omitted.

    (3) after paragraph 5, the following paragraphs shall be added - 

    (4) after note 5, the following note shall be inserted - 

     6. In Form 10 (public body's plans certificate), after paragraph 4, the following paragraph shall be inserted - 

     7. In Form 11 (combined public body's notice and plans certificate) - 

    (1) paragraph 3(a) shall be amended as follows - 

    (2) paragraph 3(b) shall be omitted.

    (3) after paragraph 6, the following paragraphs shall be inserted - 

     8. In Form 12 (public body's final certificate), after paragraph 5, the following paragraph shall be added - 


EXPLANATORY NOTE

(This note is not part of the Regulations)


     1. These Regulations amend the Building (Approved Inspectors etc.) Regulations 2000 (S.I. 2000/2532). There are minor and drafting amendments in addition to the main amendments listed below.

     2. The definition of "controlled service or fitting" in regulation 2(1) is extended to include services or fittings in relation to which Part L (conservation of fuel and power) imposes a requirement.

     3. Amended wording is provided for regulation 11 (functions of approved inspectors) to clarify that the functions of approved inspectors may extend to the making of tests of building work and taking of samples of material, and that they include checking for compliance with regulation 7 (materials and workmanship) of the Principal Regulations.

     4. A new regulation 13A is inserted, requiring the approved inspector to consult the sewerage undertaker in circumstances where building is carried out over a drain, sewer or disposal main, and paragraph H4 of Schedule 1 to the Principal Regulations imposes requirements. Consequential changes are made to Schedules 2 (Forms 1, 2, 3 and 4), 3 and 4.

     5. A new regulation 23A is inserted, requiring a public body to consult with the sewerage undertaker in the same circumstances as specified in regulation 13A. Consequential changes are made to Schedules 2 (Forms 9, 10, 11 and 12), 6, 7 and 8.

     6. Regulation 8 introduces into Schedules 3 and 6 a revised ground for rejecting notices, based on the requirements of Part H of Schedule 1 to the Principal Regulations, regarding drain connections. There are associated amendments to Forms 1, 2, 4, 9 and 11 in Schedule 2.

     7. Regulation 9 sets out the transitional provisions.

     8. A Regulatory Impact Assessment has been prepared in relation to these Regulations. A copy may be obtained from Building Regulations Division, DTLR, Zone 3/A1, Eland House, Bressenden Place, London, SW1E 5DU (Tel: 020 7944 5755; Fax: 020 7944 5739; Email: bregsa.br@dtlr.gov.uk).

Notes:

 [1] 1984 c. 55. Section 47 and 50 were amended by, and section 51A was inserted by, S.I. 1996/1905.back

[2] S.I. 2000/2532.back

[3] As respects initial notices, amendment notices and public body's notices see respectively, section 47, 51A and 54 of the Building Act 1984.back


ISBN 0 11 038644 2


 © Crown copyright 2001

Prepared 11 October 2001

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