Q&As

Are approved inspectors for domestic building work required to carry out any statutory inspections, or do they have complete discretion in terms of the frequency and nature of inspections? Is there any particular point at which a project must be referred to the relevant local authority for enforcement against breach of building control?

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Published on LexisPSL on 07/01/2019

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Are approved inspectors for domestic building work required to carry out any statutory inspections, or do they have complete discretion in terms of the frequency and nature of inspections? Is there any particular point at which a project must be referred to the relevant local authority for enforcement against breach of building control?

The Building (Approved Inspectors etc) Regulations 2010 (the 2010 Regulations), SI 2010/2215, Pt 2 empowers the Secretary of State to designate approved inspectors. The Construction Industry Council (CIC) is the body designated by the Secretary of State in England and Welsh Ministers in Wales for these purposes, and approved inspectors must be registered with the CIC. A requirement of registration is that the applicant agrees to abide by the Code of Conduct for Approved Inspectors and any subsequent amendments. The Code of Conduct also includes a requirement to abide by the Building Control Performance Standards and all approved inspectors are required to operate in accordance with both documents.

The Building Control Performance Standards set out the requirements for site inspection regime, which include:

‘Building Control Bodies shall deliver a site inspection plan matched to client and project needs. Relevant factors should be assessed at the outset and regularly reviewed so that effective control is maintained for the duration of each project, with adequate site inspections and sufficient records, to demonstrate the application of reasonable skill and care.

Site inspection records: records of each inspection shall be maintained. Records shall identify the work inspected and any non-compliance. Where plans are not available for the work, these records will be more detailed.

The inspection regime will depend on many factors including:

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