All building control approvers and building inspectors whether operating in the public or private sector were required to register with the Building Safety Regulator (BSR) by 6 April 2024 in order to carry out or continue to carry out building control work. Once properly registered and appearing on the BSR registration lists, a building control authority (whether local authority or private) is known as a Registered Building Control Approver (RBCA) and an individual building inspector as a Registered Building Inspector (RBI).
The building control function of any previous authority or organisation dealing with a Higher Risk Building (HRB) not registered by 6 April 2024 will pass to the BSR. For non HRB work, an unregistered building inspector has only until 6 October 2024 to complete their building control work.
It is a criminal offence under the BSA to breach these rules and for anyone to “impersonate or to allow someone to believe you are registered” as an RBI, if that is not the case.
The Health and Safety Executive (HSE) has granted an extension to the competency assessment period for RBIs to 1 July 2024 for classes 2, 3 and 4 (see below for those classes) provided that the building inspector was already registered by 6 April 2024 and has not been told that they have not passed the competency assessment for a second time. The competency assessment must be completed with one of the following BSR approved competency assessments schemes to complete the registration itself: Building Safety Competence Foundation; Chartered Association of Building Engineers; Total Training Development Ltd. Nothing changes for a trainee registering for class 1 but that trainee will need to work under supervision.
Overview
The building control profession is responsible for verifying that construction work meets the minimum standards set out in the BSA and the building regulations. The BSA has overhauled the building control profession with the objective of ensuring competency and protecting public safety:
- RBCAs (previously known as “approved inspectors”) may be individuals, businesses, organisations or partnerships who sign off on buildings once they are determined to be properly designed and constructed; and
- RBIs (previously known as “building inspectors”) are individuals who provide advice to local RBCAs, including local authorities, overseeing building work. In the case of HRB’s the RBCA is the BSR.
For HRBs, the BSR carries out the function of the RBCA (unless the HRB benefits from the transitional arrangements). For an HRB to continue to benefit from the transitional arrangements the building control approver must also have been registered prior to 6 April 2024. For more information on transitional arrangements, see Wedlake Bell’s article.
When exercising its building control function, a RBCA must employ a sufficient number of RBIs of the correct class and category (as to which see below) for the type of building control work that the RBCA undertakes.
The building control framework under the BSA includes:
- A register for building control approvers and a register for building inspectors as referred to above;
- Building control code of conduct;
- A competency framework against which building inspectors’ competency is assessed;
- Building control operational standards rules.
From 6 April 2024 an RBI must be engaged for any building control work but an existing inspector can continue to undertake building control work for the class of RBI for which they are undertaking a competency assessment if registered by 6 April and the individual concerned completes the competency requirements by 1 July 2024.
Registration classes and building categories for registered building inspectors
Class 1 – those registered in this class must only work under supervision (suitable for anyone new to the profession who is undergoing training).
Class 2 – those registered in this class can work unsupervised on building categories (categories defined here) which may include buildings in categories A-F.
Class 3 – those registered in this class can work unsupervised in building categories which may include buildings in categories A-H.
Class 4 technical manager – those registered in this class are class 2 or 3 building inspectors with additional responsibilities for technical management of teams and processes. Note that a class 2 building inspector, who is a class 4 technical manager, cannot carry out any class 3 activities unless supervised.
Note that someone who is not registered as an RBI can still carry out administrative tasks but is barred from advising on technical matters.
What to do once registered as an RBI
- Renew registration every four years;
- Notify the BSR within 28 days of any changes to registration details;
- Abide by the code of conduct and operational standards rules;
- Maintain relevant competencies;
- Be supervised if you carry out work outside of your current registration class or competence.
Changes to the register
A RBCA can be removed from the register if:
- The business requests to be removed as it no longer carries out regulated building control work;
- The registration is not renewed;
- The registration is suspended or cancelled.
A RBCA must update its registration details within 28 days of any changes including:
- Change of management structure;
- Change of director or partner;
- Change of ownership;
- Change of main contact details;
- Any professional sanctions from other bodies;
- Any relevant unspent criminal convictions for the business or senior personnel;
- If the registered building control approver ceases trading (for example, due to insolvency).
There has been concern in the industry around whether there are enough registered building control professionals. Only time will tell if the number of RBIs in each class is enough to support the industry’s needs.
Important takeaways
(1) Anyone appointed to carry out the building control inspector work on a construction project which is subject to building control, must now be registered in the requisite registration class for the type of work being undertaken (or until 6 July must be registered and undergoing an approved competency assessment for that registration class to be completed and passed by that date). If not registered and undertaking a competency assessment the inspector will have to be replaced with someone who is.
(2) There is a legal duty on anyone who appoints a building control inspector to ensure that the building control requirements for RBIs are met. Employers/clients should therefore check that their current building control professional is properly registered to act within the scope of their registration. After 6 July this should include asking for their registration certificate number issued on satisfactory completion of registration or earlier if registration has been completed before then.