The Building (Approved Inspectors etc.) (Amendment) Regulations 1995

• Citation: S.I. 1995/1387
• Sections: 14

Section 1 Citation and commencement

These Regulations may be cited as the Building (Approved Inspectors etc.) (Amendment) Regulations 1995 and shall come into force on 1st July 1995.

Section 2 Amendments

The Building (Approved Inspectors etc.) Regulations 1985 shall be amended in accordance with the following provisions of these Regulations.

Section 3 Termination of approval or designation

In regulation 6, in paragraph (4), delete “(other than a body corporate)” and, after “by whom the approval was given”, substitute “may” for “shall”.

Section 4 Initial notice

In regulation 8(4), for “ten”, substitute “five”.

Section 5 Independence of approved inspectors

In regulation 9(5), at the end, add—

or (c) work involving the underpinning of a building;

Section 6 Functions of approved inspectors

In regulation 10(1), for sub-paragraph (c), substitute “the requirements of regulation 10A are complied with.”.

Section 7 Energy ratings

After regulation 10, insert—

Energy ratings

(10A)

(1) In this regulation, “building work” and “material change of use” have the meanings given in regulations 3(1) and 5 respectively of the Building Regulations 1991 .

(2) Where a new dwelling is created by building work or by a material change of use in connection with which building work is carried out, the person carrying out the building work shall, if he has not already done so under paragraph (3) or (4) below, calculate the energy rating of the dwelling by means of a procedure approved by the Secretary of State and shall not later than five days after completion of the dwelling give notice of that rating to the approved inspector who gave the initial notice in relation to the dwelling.

(3) Where the work described in an initial notice includes the erection of a new dwelling, and—

(a) the dwelling is occupied, and

(b) no final certificate is given,

the person carrying out the work shall calculate the energy rating of the dwelling by means of a procedure approved by the Secretary of State and shall not later than eight weeks beginning with the date of occupation give notice of that rating to the approved inspector who gave the initial notice in relation to the dwelling.

(4) Where the building work described in an initial notice is in connection with a material change of use in relation to a dwelling, and

(a) that change of use takes place, and

(b) no final certificate is given,

the person carrying out the work shall calculate the energy rating of the dwelling by means of a procedure approved by the Secretary of State and shall not later than eight weeks beginning with the date on which the change of use takes place give notice of that rating to the approved inspector who gave the initial notice in relation to the dwelling.

Section 8 Period for rejecting plans certificate

In regulation 13(3), for “ten”, substitute “five”.

Section 9 Events causing initial notice to cease to be in force

(1) In regulation 16(1), for “one week”, substitute “four weeks”.

(2) In regulation 16(2), (3) and (4), for “six weeks”, on each occasion that it occurs, substitute “eight weeks”.

Section 10 Cancellation of initial notice

In regulation 17(1), for “shall”, substitute “may”.

Section 11 Section 24 of the Act

Delete—

(a) regulation 11(2);

(b) in regulation 11(3), “or (2)”; and

(c) in regulation 16(2)(b)(i), “or is one to which section 24 of the Act (provision of exits etc.) applies”.

Section 12 Contravention of certain regulations not to be an offence

In regulation 29, for “regulation 18”, substitute “regulations 10A and 18”.

Section 13 Amendments to Schedules 2 and 5

(1) In Schedule 2, delete paragraphs 5 and 10 of Form 4 and renumber the remaining paragraphs accordingly.

(2) In Schedule 5, delete paragraph 6 and renumber the remaining paragraphs accordingly.

Section 14 Transitional provisions

(1) Where—

(a) the condition specified in sub-paragraph (a) of paragraph (2) applies, the amendments contained in regulations 4 and 8 shall not apply; and

(b) the conditions specified in paragraph (2) apply, the amendments contained in regulations 6, 7, 9 and 10 shall not apply,

and the Building (Approved Inspectors etc.) Regulations 1985 shall apply to a notice or any building work mentioned in that paragraph as if those amendments had not been made.

(2) The conditions are that—

(a) before 1st July 1995 an initial notice or a public body’s notice has been given in accordance with sections 47(1) or 54(1), respectively, of the Building Act 1984; and

(b) building work is carried out after that date in accordance with such a notice whether with or without any departure from it.