2012-11-07

Updated: Added text and link on joining a third party certification scheme

Building control bodies check that building work has been carried out according to the building regulations. Building control bodies can either be from the local council or the private sector (called ‘approved inspectors’).

The person carrying out the work can choose where to get approval for the building work.

Local councils

Each local council in England has a building control section. The local council has a general duty to see that building work complies with the building regulations, except where it is formally under the control of an approved inspector.

Local councils coordinate their services regionally and nationally (and provide a range of national approval schemes) via an organisation called LABC.

Approved inspectors

Designation of body to carry out Secretary of State’s functions in respect of approved inspectors

Approved inspectors are companies or individuals approved under The Building Act 1984 to carry out building control work in England and in respect of certain buildings in Wales. The Secretary of State has powers to designate a body to carry out his functions of approving approved inspectors. From 31 March 2014 the Secretary of State has designated CICAIR Limited to be responsible for deciding all applications to become, and other functions for, approved inspectors. A Designation Notice to this effect was issued on 13 March 2014.

A list of currently approved inspectors can be viewed at The Construction Industry Council (CIC) website.

Approved inspectors insurance

The Secretary of State has approved an addition to the currently approved insurance schemes offered by insurers for approved inspectors carrying out building control functions in England. The department issued a Notice of Approval for the insurance scheme offered by Howden Insurance Brokers Limited on 28 February 2014.

Competent person self-certification schemes

Competent person self-certifications schemes (often called competent person schemes) were introduced in 2002. These allow registered installers (mostly small firms or sole traders) who are competent in their field to self-certify certain types of building work as compliant with the requirements of the building regulations.

The Department for Communities and Local Government (DCLG) is in charge of authorising competent person schemes.

To make sure that the standards are consistent, there are rules that scheme operators must follow and conditions they must meet.

DCLG periodically invites applications for competent person schemes.

We also ask schemes to provide us with data every 6 months about membership numbers and the number of jobs carried out.

Third-party certification schemes

Regulations were laid on 13 March 2014 introducing third-party certification as an alternative route to demonstrating compliance with Part P of the building regulations (electrical safety in dwellings). The successful applicants authorised to operate third party certification schemes for electrical installations in dwellings are:

BSI Assurance UK Limited

NAPIT Registration Limited

Stroma Certification Limited.

The regulations come into effect on the 6 April 2014.

Joining a third-party certification scheme

Choose a scheme that supports your work. Schemes have different application processes, rules and fees.

Local council building control charges

New regulations authorising local councils in England and Wales to charge to recover the costs of carrying out their main building control services (ie checking plans and notices and inspecting building work subject to building regulations) came into force on 1 April 2010 and took effect on 1 October 2010.

The Building (Local Authority Charges) Regulations 2010 (SI 2010/404) replaced the Building (Local Authority Charges) Regulations 1998 (SI 1998/3129).

These new regulations put more emphasis on relating charges to the cost of carrying out the relevant building control function for individual projects. This means the user pays for the actual service they receive.

The main changes introduced by the 2010 regulations are intended to make the charging regime more flexible, accurate and fair. Local councils can:

charge for giving substantive ‘pre-application’ advice related to individual building projects

take a bigger range of factors into account when setting charges

set either standard charges or make individual determinations of charges

give refunds and make supplementary charges where justified

New accounting requirements are intended to make the charging regime more transparent and accountable.

The 2010 Building Regulations allowed local authorities to introduce a new charging scheme by 1 October 2010.

Local authorities must still publicise when they make a new (or replacement or amended) charging scheme in their areas at least 7 days before it comes into force.

Guidance for building control bodies

DCLG has issued circular 01/2010 which explains the purpose of the provisions of the 2010 regulations and how they differ from the previous 1998 regulations.

DCLG has also issued a circular letter (PDF 144KB) to building control bodies which provides further general guidance on implementation of the 2010 regulations.

The Chartered Institute of Public Finance and Accountancy (CIPFA) has published updated guidance, local authority building control accounting guidance for England and Wales to help local authorities in determining the costs of carrying out their building control service that they should be seeking to recover when setting their charges under the 2010 regulations.

See all circulars and divisional circular letters relating to building regulations.

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