Building control service

Reversion guidance

Where an approved inspector has cancelled an initial notice or can no longer provide a building control service for your project, the work reverts to our control.

We are aware of cases where building control bodies, known as an approved inspectors, are no longer able to undertake their function as a building control body. If you are affected by this, please contact us on 0300 300 8635 or email: building.control@centralbedfordshire.gov.uk to discuss:

• your particular case
• how to make a reversion application
• our charges
• information we will require from you and your former approved inspector

In these cases, the approved inspector is no longer able to inspect any building works or issue the required statutory notices to you and us, including any final or part final certificates. If an approved inspector is unable to carry out their functions, either they or the person carrying out the works must cancel the initial notice lodged with us. If work has already commenced on site, the work must, by law, be passed back to us to ensure compliance with the building regulations.

When work is ‘reverted’ to us in this way, you need to provide us with as much information as possible to help us to determine that any works undertaken to date comply with the relevant regulations.

We're obliged to levy a fee for work that is reverted to us, but this fee will be individually assessed based on the size of the project and the amount of time we anticipate we'll need to be satisfied of compliance with the building regulations. Any information you have about inspections undertaken so far, including building plans, structural calculations and any photographs of the work in progress, will also be of great assistance.

If we cannot ascertain compliance with particular parts of the work, we may have to ask for certain works to be uncovered for our inspection. We'll try to keep this to a minimum.

Why are some approved inspectors facing difficulties?

Approved inspectors are required to carry professional indemnity insurance and professional liability insurance from a scheme provider approved by the Secretary of State for MHCLG. One of these scheme providers is pulling out of the market, leaving only one remaining provider. Whilst some approved inspectors have been able to transfer their policies, some have unfortunately not been offered suitable cover.

What duties can affected approved inspectors undertake, once their insurance has expired?

Once their insurance has expired, an approved inspector may only submit cancellation notices to local authorities. While some approved inspectors claim to have ‘partnered’ with another approved inspector, they cannot transfer any works that have commenced to the second approved inspector. It may be possible for them to check plans or undertake site inspections on projects for which the second approved inspector has submitted a valid initial notice, but this is a contractual matter between those two parties and is a matter for their designated body CICAIR.

Can an approved inspector submit initial notices, final certificates etc. after the date their insurance has expired?

No. In accordance with schedule 2(6), 3(6) and 4(5) of, a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State for MHCLG applies in relation to the work to which the notice/certificate relates is required. The above notices can only be issued by an approved inspector when accompanied by a declaration that insurance cover is in place.

Can an approved inspector transfer work to another approved inspector who does have insurance?

No, whilst BA 53(7) does allow another IN to be submitted an initial notice has to be a notice of intent and therefore cannot be submitted after work has started.

Does a cancellation notice have to be issued by the approved inspector?

No. A cancellation notice can be issued either by the approved inspector, or by the person carrying out the work s.52 BA 1984 refers.

If an Initial Notice is cancelled do we treat it as a regularisation?

Technically, this is classed as a reversion and not a regularisation, depending on the stage the works it may be necessary to cut in to, lay open or otherwise expose the works undertaken to date.

What information is required?

The person carrying out the work must provide you with sufficient plans of the work carried out including any plans certificate obtained from the approved inspector. They must also comply with any requests made to cut into or expose any works undertaken to date.

Do approved inspectors have to provide plans, site inspection records etc. when a project is reverted to a local authority?

The legal duty to supply information rests with the person carrying out the work as explained above. However, while there is no legal obligation on the approved inspector to transfer information, they are being encouraged by CICAIR, MHCLG and LABC to provide local authorities with as much information as possible, including site inspection records, plans etc. LABC has offered its assistance to affected approved inspectors to ensure this transfer proceeds as smoothly as possible.