- Building Control Body (BCB): An organisation authorised to control building work that is subject to the Building Regulations in England and Wales. There are currently 3No BCBs; The Building Safety Regulator (BSR), Private sector Building Control (Approved Inspectors) and Public Sector Building Control (LABC).
- Building Safety Regulator (BSR): The BSR oversees the safety and standards of ALL buildings. They will act as the BCB for High Risk Buildings.
- Dutyholders Those that commission and carryout building works. They are responsible for complying with the Building Act, Building Safety Act, Building Regulations, The Building (Approved Inspectors etc.) Regulations and any other relevant legislation. It is the responsibility of the Dutyholders to prevent, manage and control the risks from design to demolition on any project.
- Client: Means any person for whom a project is carried out.
- Domestic Client: Means any person for whom a project is carried out which is not in the course or furtherance of a business of that client.
- Principal Contractor: Means the contractor appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal contractor under these Regulations.
- Contractor: Means any person (including a client, but not a Domestic Client) who, in the course of a business, carries out, manages or controls any building work.
- Principal Designer: Means the designer appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal designer under these Regulations.
- Designer: Means any person (including a client, contractor or other person referred to in Part 2A of these Regulations) who in the course of a business carries out any design work, or arranges for, or instructs, any person under their control to do so.
- Project: Means a project which includes or is intended to include any building work and includes all planning work, design work, management or other work involved in a project until the end of the construction phase.
- Start Date: The date on which works which require Building Regulation approval start on site.
- Commencement Date: See definitions under ‘Responsibilities of Dutyholders’.
Approved Inspectors Ltd (AI Ltd) is an Approved Inspector registered with The Construction Industry Council Approved Inspector Registrar (CICAIR).
Approved Inspectors Ltd.’s (AI Ltd) standard terms and conditions are set out below and apply to all projects to which AI Ltd is appointed. They take precedent over any other T&Cs.
Responsibilities of AI Ltd
- AI Ltd shall carry out its services with reasonable skill, care and diligence and in accordance with the ‘Building Control Operational Standards Rules’ (OSRs) and ‘The strategic context for the regulatory framework’. We will carry out our function based on sensible, risk based proportionate steps.
- Notwithstanding any other provision of this contract AI Ltd shall have no greater obligation under or in connection with this contract than to exercise reasonable skill, care and diligence.
- AI Ltd shall exercise reasonable skill, care and diligence in performing the Services and any Additional Work to have regard to the Construction Industry Council Code of Conduct for Approved Inspectors and where possible to any programme for the project (as amended from time to time and provided to AI Ltd in writing).
- AI Ltd shall take such steps as are reasonable to enable it to determine that a Final Certificate can be issued, and if so determined, it shall issue a Final Certificate. Any Final Certificate is based on the information and documents provided and the Services and Additional Work performed and is not a representation that every aspect of the project complies with the Building Regulations and/or conclusive proof of the Project’s compliance with the Building Regulations. The Final Certificate is evidence but not conclusive evidence that the works complied with the functional requirements of the regulations at the time of issue. It is not a guarantee against latent defects or an insurance policy.
- AI Ltd shall, provided it is available at commercially reasonable rates, maintain professional indemnity insurance and public liability insurance subject to any limitations, exceptions and/or exclusions from cover as are commonly included in professional indemnity insurance and public liability insurance policies. At the date of this contract evidence as to whether these insurances are being maintained is available upon request.
- Unless notified otherwise, AI Ltd.’s services will include the following:
- Initial Notice – Submit an Initial Notice to the relevant local authorities and provide copies to the Dutyholders.
- Assessment of Plans – If available, undertake an assessment of plans for compliance and communicate to the Dutyholders any observed non-compliance with the Building Regulations, conditions pertaining to the approval or passing of plans and remedies available in the event of a dispute over compliance. Maintain appropriate records of the design assessment process.
- Statutory Consultations – When appropriate, consult with the fire authority and forward observations to the Dutyholders. Undertake all other statutory consultations forming part of the Statutory Functions and forward observations of consultees to the Dutyholders.
- Inspection and Intervention plan – Prepare an Inspection and intervention plan and provide a copy to the Dutyholders. This plan will be based on an appropriate risk based assessment of the projects and will take account of relevant factors including emerging issues, past performance of Dutyholders and analysis of higher risk activities. We will maintain appropriate records, identifying the work inspected and any observed non-compliance. Communicate any observed contraventions of the Building Regulations. Notify observed significant departures from plans to consultees. Consider the need for tests, throughout construction and at completion, inform the Dutyholders of the requirements; witness tests and receive certificates as appropriate. Request copies of such plans as are necessary in relation to the commissioning of services prior to issue of a Final Certificate(s).
- Final Certificate – Having taken reasonable steps to be satisfied that the whole or part of the works forming the whole or part of the Project has been completed for Building Regulations purposes and on receipt of Compliance Declarations from the Client, Principal Designer and Principal Contractor and where applicable, notification from the person carrying out the work that the fire safety information has been given to the responsible person as required by regulation 38 of the Building Regulations 2010, issue a Final Certificate(s) to the Local Authority and Dutyholders.
- Retain statutory Records – Records of the project will be stored electronically for an appropriate period.
- In cases where the proposed works involve works to a relevant building as defined by Regulation 7 of The Regulatory Reform (Fire Safety) Order 2005, in accordance with Regulation 12 of The Building (Approved Inspectors etc.) Regulations 2010 we are required to consult with the relevant Fire and Rescue Authority. To allow us to make this consultation we will require sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of Part B of Schedule 1 to the Principal Regulations. A Final Certificate will not be issued until 15 days have elapsed from the date of the consultation, unless they have expressed their views to AI Ltd before the expiry of that period.
- In cases where the proposed works involve building within 3m of an adopted sewer, and/or making a new connection to an adopted sewer, in accordance with Regulation 13 of The Building (Approved Inspectors etc.) Regulations 2010 we are required to consult with the relevant statutory sewerage undertaker. To allow us to make this consultation we will require sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1 to the Principal Regulations. A Final Certificate will not be issued until 15 days have elapsed from the date of the consultation, unless they have expressed their views to AI Ltd before the expiry of that period.
- If considered necessary, AI Ltd reserve the right to request completed works to be uncovered to show compliance with the Regulations.
Responsibilities of the Dutyholders (Client or Domestic Client, Principal Designer, Principal Contractor)
- The dutyholders and not AI Ltd shall be responsible for the Project’s compliance with the Building Regulations. The Services do not include and AI Ltd is not responsible for:
- confirming whether the Building Regulations have been complied with, and/or
- advising the Dutyholders and/or managing the Project to ensure that compliance with the Building Regulations is achieved.
- Site inspections carried out by AI Ltd during construction are to ‘verify and audit’ the works on site and observe whether at the time of inspection compliance with the Building Regulations is being met. AI Ltd do not provide ‘quality control’ or a guarantee of compliance, both of which are the responsibility of the Dutyholders. It is the Dutyholders who carry prime responsibility for compliance with the regulations and the quality of the finished product.
- Prior to the submission of the Initial Notice, AI Ltd may require further details form the Dutyholders. Any details required will be requested in writing.
- The Dutyholders must inform AI Ltd 2 days prior to works starting on site. Please follow the link to the notification form in your Design Stage Assessment report.
- For the purposes of Section 32 – Lapse of Building Control Approval etc of the Building Safety Act, Regulation 16B (2) of The Building (Approved Inspectors etc.) Regulations 2010 requires the project to have reached the definition of commencement within 3 years of the date on which the Initial Notice is submitted. If works do not meet the definition of commenced (see below) on or before this date or the defined stage of work for all other buildings (see below), the Initial Notice will cease to be inforce.
- The Dutyholders must inform AI Ltd of the proposed date on which commencement of work is expected to have been reached prior to the submission of the Initial Notice. See below for guidance on the definition of commenced.
Commencement of Complex Buildings
- When the foundations supporting the building and the structure of the lowest floor level of that building (but not the other buildings or structures to be supported by those foundations) are completed.
Definition of Complex Building:
- A building which is to be constructed on the same foundation plinth or podium as any other building or structure;
- A building which has more than one storey below ground level;
- A building where it is proposed use is primarily as a public building where the public or a section of the public has access to the building (whether or not on payment) provided that the building has a capacity for 100 or more visitors;
Definition of Public Building:
- a shop or shopping centre;
- premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall;
- a stadium, theatre, cinema, concert hall;
- a sports ground;
- an exhibition hall or conference centre;
- a hospital or premises for the provision of health care.
Commencement of New Buildings or Horizontal Extension which is not a Complex Building
Work is to be regarded as commenced when the sub-surface structure of the building or the extension including all foundations, basement levels (if any) and the structure of ground floor level is completed.
Commencement of All Other Building Work (Loft Conversions, Fit Out etc)
Work is to be regarded as commenced when 15% of the work is completed. Dutyholders must give details of this proposed stage of works to AI Ltd.
- All Dutyholders have specific responsibilities under Part 2A of The Building Regulations etc. (Amendment) (England) Regulations 2023, we advise that all relevant persons familiarise themselves with these duties. Failure to comply will be a breach of the Building Regulations and may result in Cancellation of your Initial Notice and enforcement action by the Local Authority.
- The Dutyholders must ensure no works have commenced on site prior to the submission of the Initial Notice. Please be aware that if works have commenced then the intention to start work has passed and the Initial Notice will not be a valid notice.
- Prior to commencing any work on site, the Dutyholders should ensure that all necessary permissions are in place, including planning permission if required for the proposed development.
- The Dutyholders shall be responsible for checking if the work is notifiable under the Construction Design and Management (CDM 2015) Regulations. If the work is notifiable you will need to ensure that a suitably qualified Principal Designer is appointed prior to works commencing on site.
- The Dutyholders are responsible for complying with the requirements of the Party Wall etc Act 1996 including determining if a notice needs to be served.
- The Dutyholders shall provide such information, documents and assistance as AI Ltd reasonably requires or requests from time to time in order to facilitate the timely provision of the Services and any Additional Work.
- The Dutyholders shall be responsible for safe access to the Project being provided when AI Ltd reasonably requires it and shall procure such access and certification from any consultant, contractor or sub-contractor as is reasonably requested by AI Ltd.
- It is the Dutyholders responsibility to contact AI Ltd to inform us when the works are expected to reach the date at each key stage as listed in the Inspection and Intervention Plan (IIP). The IIP is not a list of actual inspections that will be carried out and does not reflect the number of inspections that may be carried out. Remote inspections via video calls or photos may be used to demonstrate compliance along with any other means considerable reasonable by AI Ltd to demonstrate compliance.
- For active projects the Dutyholders must contact AI Ltd, by phone or email, at least once every 28 days with an update on the progress of the project. For non-active projects the Dutyholders must contact AI Ltd, by phone or email, at least once every 3 months. Failure to maintain contact could result in the cancellation of the Initial Notice. Should it be necessary to cancel the Initial Notice, AI Ltd shall not be liable for any costs, losses, claims or other expenses that may arise as a consequence of the regulatory function passing to the Local Authority. In addition, the fee which has been paid will not be refunded.
- It is the Dutyholders responsibility to notify AI Ltd at completion of the work or when the works become occupied to enable us to carry out a final inspection. Regulation 17 of the Approved Inspector Regulations state that if a Final Certificate is not issued within 8 weeks of occupation or substantial completion (domestic projects) or within 4 weeks of occupation or substantial completion (relevant buildings defined by the Regulatory Reform Order) the Initial Notice shall cease to be in force. Should the Initial Notice cease to be in force as a result of the Dutyholders failure to inform us within the above timescales AI Ltd shall not be liable for any costs, losses, claims or other expenses that may arise as a consequence of the responsibility for building control passing to the Local Authority.
- Under the amended Regulation 16E of The Building (Approved Inspector etc.) Regulations 2010, compliance declarations must be submitted to the Approved Inspector before the Final Certificate can be released. Accordingly, upon receiving the declarations, AI Ltd will acknowledge their receipt on the Final Certificate. Compliance Declarations will be requested from the Client, Principal Designer, and Principal Contractor.
- If the Dutyholders materially breaches their obligations under this agreement or fails to respond to any notification of a breach of Building Regulations, AI Ltd may serve on the Dutyholders a notice specifying the breach and requiring it to be remedied within three months. If the Dutyholders fail to remedy that breach within that period AI Ltd may terminate this agreement by giving written notice to the Dutyholders. This would also result in the Initial Notice being cancelled.
- In cases where the proposed works involve building over an existing utility (e.g., gas, electricity), it is the Dutyholders responsibility to consult with the relevant utility provider prior to the work commencing.
- If following the consultation with the statutory sewerage undertaker a build over agreement is required, it is the Dutyholders responsibility to consult with the relevant statutory sewerage undertaker regarding the agreement.
Payment and Fees
- All fee quotations provided are valid for 30 days from the date of issue.
- Our quotations presume that all works covered under the Initial Notice will take place at the same time. If during the course of the project the work changes to be phased, AI Ltd shall be entitled to charge additional fees for any additional work required.
- If your project is to be phased from the outset, please inform us at quotation stage so a phased quote can be provided.
- AI Ltd shall notify the Dutyholders in writing as soon as we become aware that any additional work will be required due to:
- Changes in the design, size, scope or complexity of the Project;
- Changes in the timing or programming of the Project;
- A failure by the Dutyholders to comply with its obligations under this contract;
- Additional meetings and/or visits and/or other work is required; and/or
- Any change in law (including without limitation any change in the Building Regulations and/or the Building Act 1984).
- The Dutyholders shall pay AI Ltd for any Additional Work and/or if due to circumstances outside AI Ltd.’s control there are any changes in the timing or programming of the Services and/or and additional work.
- If the design is outside the scope of the Approved Documents and we consider it necessary to obtain specialist advice from a third party (e.g., Structural Engineer, Fire Engineer, M&E specialist etc) unless our fee quote has specifically included for third party checks, the Dutyholders will be liable for the cost of the third party’s fees. Should this occur, we will inform the Dutyholders as soon as practicable and provide an estimate of the associated additional costs. Once the additional costs are agreed and the invoice paid, we will arrange for the necessary checks to be carried out.
- All fees must be paid in full within seven days of submission of the Initial Notice.
- In the event that any sum is not paid on or before the final date for payment AI Ltd shall be entitled to:
- Suspend performance of all or any part of the Services by giving 7 days’ notice in writing and recover all reasonable costs incurred in connection with the suspension of the Services; and/or
- Terminate the contract by giving 14 days’ notice.
- The Final Certificate will not be issued until any outstanding fees are paid in full.
Limitations of Liability
- AI Ltd.’s total liability under or in connection with this contract (whether in contract, in tort (including negligence), for breach of statutory duty or otherwise) including without limitation interest and legal costs shall be limited to 10 x the application fee.
- Without prejudice to any other exclusion or limitation of liability, damages, loss, expenses or costs, the liability of AI Ltd for any loss or damage (‘the loss or damage’) under this contract shall be limited to that proportion as it would be just and equitable for AI Ltd to pay having regard to the extent of its responsibility for the loss or damage on the assumptions that:
- all other consultants, contractors, subcontractors, and advisers engaged in connection with the Project have provided contractual undertakings no less onerous than those in clause 3.1 (in the CIC/ACAI Contract for the Appointment of an Approved Inspector) to the Dutyholders in respect of the carrying out of their obligations in connection with the Project;
- there are no exclusions of or limitations of liability nor joint insurance or co-insurance provisions between the Dutyholders and any other party referred to in this clause and any such other party who is responsible to any extent for the loss or damage is contractually liable to the Dutyholders for the loss or damage; and
- all the parties referred to in this clause have paid to the Dutyholders such proportion of the loss or damage which it would be just and equitable for them to pay having regard to the extent of their responsibility for the loss or damage.
- AI Ltd shall not be responsible for the supervision of any contractor or subcontractor and/or for ensuring the performance or adequate standard of workmanship of any contractor or subcontractor. AI Ltd shall not be liable under or in connection with this contract for or as a result of any work and/or services provided by and/or any act or omission of any third party (including without limitation any contractor, consultant or sub-contractor).
- The Dutyholders agree not to pursue any claims under or in connection with this contract (whether in contract, in tort (including negligence), for breach of statutory duty or otherwise) against any individuals engaged by AI Ltd or any individual directors or members of AI Ltd. The Dutyholders acknowledge that such individuals are entitled to enforce this clause pursuant to the Contracts (Rights of Third Parties) Act 1999.
- AI Ltd.’s liability under or in connection with this contract shall be limited to the exercise of reasonable skill, care and diligence and the Registered Building Control Approver shall not be liable unless it has failed to exercise such skill, care and diligence.
- Neither Party shall under any circumstances whatsoever be liable to the other for any direct or indirect loss of profit, loss of business or anticipated saving or special, indirect or consequential damage suffered by the other Party that arises under or in connection with this contract.
- No action or proceedings under or in respect of this contract whether in contract, in tort, in negligence, for breach of statutory duty or otherwise shall be commenced after the expiry of six years from the date of completion of Services or the termination of this contract if earlier.
Termination and Discharge
- The Dutyholders may terminate this contract forthwith by written notice to AI Ltd if:
- AI Ltd is in material breach of its obligations under this contract and has failed to remedy the breach within 28 days of the date of a notice of the breach from the Dutyholders; or
- AI Ltd becomes insolvent.
- AI Ltd may terminate this contract forthwith by written notice to the Dutyholders if:
- The Dutyholders are in material breach of its obligations under this contract and has failed to remedy the breach within 28 days of the date of a notice of the breach from AI Ltd;
- AI Ltd reasonably believes that it will not be in a position to issue a Final Certificate;
- The Dutyholders becomes insolvent;
- AI Ltd considers that there is a conflict between its obligations under this contract and the Statutory Functions;
- AI Ltd considers that it is necessary to cancel the Initial Notice under Section 52(1) of the Building Act 1984;
- AI Ltd reasonably believes that it is impossible or impracticable to perform the Services as a result of any circumstances for which AI Ltd is not responsible; and/or
- AI Ltd is unable to maintain professional indemnity insurance and public liability insurance.
- Following any notice of termination by AI Ltd or the Dutyholders, AI Ltd is entitled to:
- Write to the relevant Local Authority (with a copy to the Dutyholders) cancelling the Initial Notice, in which case the regulatory function will revert to the relevant Local Authority and AI Ltd will be discharged from all requirements to complete the Services or any Additional Work; and/or
- At AI Ltd.’s discretion, issue a Final Certificate in respect of part of the works forming part of the Project.
- If this contract has been terminated, the Dutyholders shall pay AI Ltd any instalments of the fee due up to the date of termination together with a fair and reasonable proportion of the next instalment of the Fee commensurate with the Services performed, sums payable in respect of any Additional Work performed by AI Ltd prior to the notice of termination and, following termination under clauses 26 and/or 36, any costs or expenses incurred by AI Ltd as a result of the termination (based on the hourly rates at the end of this document). Termination of this contract shall not affect any rights or remedies of the Dutyholders or AI Ltd which exist at the date of termination.
- Should it be necessary to cancel the Initial Notice, AI Ltd shall not be liable for any costs, losses, claims or other expenses that may arise as a consequence of the responsibility for building control passing to the Local Authority. In addition, the fee which has been paid will not be refunded.
- If the Dutyholders are not satisfied with AI Ltd.’s performance of the Services or any Additional Work, it may ask AI Ltd to implement AI Ltd.’s complaints handling procedure, a copy of which is available to download from our website or on request. The operation of AI Ltd.’s complaints handling procedure does not affect the Dutyholders right to refer a dispute to the courts. The Dutyholders and AI Ltd shall consider in good faith whether any dispute or difference between them is suitable for resolution by mediation, and if so, shall take the appropriate steps with a view to resolving the dispute or difference by mediation.
- No-one has any right to enforce any term of this contract under the Contracts (Rights of Third Parties) Act 1999, except as set out in clause 3-13.5 of the CIC/ACAI Contract for the Appointment of an Approved Inspector (Third Edition 2020). It is agreed and acknowledged that AI Ltd shall not be required to enter into any collateral warranties with any third parties, provide any letters of reliance and/or grant any rights to any third parties under or in connection with this contract.
- Neither party may assign its rights and/or benefits under this contract without the prior written consent of the other Party. AI Ltd may subcontract any part of the Services and any Additional Work.
- AI Ltd shall not be responsible or liable for any delay in issuing the Final Certificate and shall not be responsible or liable for any additional fees that are payable to the relevant Local Authority and/or any other costs, as a result of AI Ltd being unable to issue a Final Certificate at any time, The Dutyholders shall not (and shall ensure that a third party shall not) take possession of the works forming part of the Project and/or issue any certificate of completion under the building contract in respect of the works forming part of the Project, unless the Final Certificate has been issued.
- In the event of a dispute arising, AI Ltd reserve the right to refer the application to the Local Authority for enforcement action.
- If the scheme is registered with an approved scheme (i.e., Robust Details), AI Ltd will not check for compliance with the relevant regulation.
- Unless specifically stated, AI Ltd have not included for attending design team or progress meetings.
- Unless noted otherwise, all documentation will be submitted electronically in pdf format.
- Should an Extension of Time (EOT) be requested, AI Ltd will consider the request and if appropriate contact the Local Authority to request the EOT on behalf of the dutyholder. Please be aware that the granting of an Extension of Time is at the discretion of the Local Authority and may be refused. This will result in the application being reverted to the Local Authority who will charge an additional fee. AI Ltd will not be liable for these additional fees should the Extension of Time request be refused, or you do not agree to the Extension of Time application.
- The initial Notice excludes works stated within Schedule 3 of the Building Regulations 2010 (common excluded works are electrical work to domestic properties, work involving gas appliances and any works in connection with a biomass, oil, renewable heating or other solid fuel installation). These works must be carried out by an installer registered with a competent person scheme and separately certified to the Local Authority.
- The Dutyholders and AI Ltd can give notice to each other in writing under this contract by personal delivery. They can also give notice by post, in which case delivery is effective two working days after posting. Notices must be sent to the address at the bottom of this letter or any other address notified by the Party.
- The intellectual property rights in all documents produced by AI Ltd under this contract (‘Documents’) shall vest or remain vested in AI Ltd. The dutyholders shall have a revocable, non-exclusive, terminable, royalty free license to use the Documents for the purpose for which they were prepared and AI Ltd shall not be liable for the use of any of the Documents for any purpose other than that for which they were prepared.
- Whatever the date of this contract, it shall have effect as if it had been signed on the date when AI Ltd commenced the Services.
- Further information regarding the Building Regulations process can be found in the Manual to the Building Regulations.
- For clarification regarding any of the terms and conditions please email email@example.com
AI Ltd reserve the right to make the following additional charges:
|Amendment Notice to local authority||£60.00 + VAT (plus fee for additional inspections will be notified in writing)|
|Cancellation of an Initial Notice||Minimum 25% of total fee + VAT plus any additional time spent on the application which will incur a cost proportionate to the time spent using the hourly rates stated below.|
|Resubmission of Initial Notice to local authority||£175.00 + VAT|
|Extension of Time request to local authority||£175.00 + VAT|
|Issue of copy documentation||£50.00 + VAT|
|Retrieval of project from archive||£175.00 + VAT|
|Change of Dutyholder and notification to the LA||£175.00 + VAT|
Additional site inspections
|Domestic projects||£125.00 + VAT per visit|
|Commercial projects – RRO applies||£175.00 + VAT per visit|
Additional Design Stage Assessment (where work subject to new regulations)
|New Dwelling||£300.00 + VAT|
|Other Projects||£150.00 + VAT|
Failure to notify AI Ltd of the completion of work:
|Necessitating additional correspondence||£60.00 + VAT|
|Resulting in aborted/additional site inspections||£125.00 + VAT per visit|
|Business Support||£45.00 per hour|
|Senior Business Support||£55.00 per hour|
|Assistant Surveyor||£50.00 per hour|
|Area Surveyor||£80.00 per hour|
|Principal Surveyor||£115.00 per hour|
|Associate Director||£135.00 per hour|
|Director||£195.00 per hour|
Updated 1 October 2023