Removal of criteria for Approved Inspector insurance (WGC 004/2022)
These amendments remove the provision of a scheme of insurance under section 47 of the Building Act 1984.
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Building regulations circular
Circular number: WGC 004/2022
Date issued: 28/07/2022
Status: For information
Title: The Building Safety Act 2022 (Commencement No. 1) (Wales) Regulations 2022. The Building Safety Act 2022 (Consequential Amendments) (Approved Inspectors) (Wales) Regulations 2022
Issued by: Colin Blick, Building Standards Technical Manager
Addressed to:
Local Authority Chief Executives (Please forward to: Local Authority Building Control Officers)
Welsh Local Government Association (Please forward to: Members of the Senedd)
Association of Corporate Approved Inspectors
CICAIR Limited
Summary
This is a circular letter that notifies the removal of requirements relating to an approved scheme of insurance for Approved Inspectors in accordance with section 47 of the Building Act 1984.
For further information contact:
Building Regulations Team
Welsh Government Offices
Merthyr Tydfil
CF48 1UZ
Direct Line: 0300 060 4440
E-mail: enquiries.brconstruction@gov.wales
Website: http://gov.wales/topics/planning/buildingregs/
Introduction
I am directed by Welsh Ministers to draw your attention to the Building Safety Act 2022 (Commencement No. 1) (Wales) Regulations 2022 and the Building Safety Act 2022 (Consequential Amendments) (Approved Inspectors) (Wales) Regulations 2022 (together “the regulations”) which come into force on 28 July 2022.
The purpose of this Circular is to:
- draw attention to the amendments and explain the changes they make to the Building Act 1984 and the Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215)
Scope
The regulations apply only to insurance requirements for Approved Inspectors working in Wales.
Amendments to Regulation
The Building Safety Act 2022 (Commencement No. 1) (Wales) Regulations 2022 (“the Commencement Regulations”)
The Commencement Regulations are made by the Welsh Ministers under the Building Safety Act 2022 (“the Act”). They bring into force section 48 of the Act in relation to Wales.
Section 48 of the Act makes amendments to sections 47 (giving and acceptance of initial notice), 51A(2) (variation of work to which initial notice relates) and 56 (recording and furnishing of information) of the Building Act 1984. The effect of these amendments is to remove the power of the Welsh Ministers to approve insurance schemes and to remove related insurance requirements for Approved Inspectors.
The Building Safety Act 2022 (Consequential Amendments) (Approved Inspectors) (Wales) Regulations 2022 (“the Amendment Regulations”)
The Amendment Regulations amend the Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215) to remove the requirement for, and references to, Approved Inspectors having insurance cover under an approved insurance scheme. The purpose being that they, Approved Inspectors, can obtain insurance in the open market that reflects the risk of the type of work they undertake.
The amendments made by the Amendment Regulations are consequential on section 48 of the Building Safety Act 2022.
The amendments above do not remove the need to comply with insurance requirements imposed through registration with Construction Industry Council Approved Inspectors Register.
Further Information
Enquiries
Any enquiries on this Circular Letter should be addressed to:
Building Regulations Team, Welsh Government, Rhydycar, Merthyr Tydfil, CF48 1UZ.
Telephone: 0300 060 4440