Re: PartP...who is responsible
OK The building regulations are not clear on this one (surprise!)
In relation to Electrical work only; The building regulations (as amended!!) state:
A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or deposit full plans where the work consists of—
(a) the installation of a new circuit;
(b) the replacement of a consumer unit; or
(c) any addition or alteration to existing circuits in a special location.”;
A person intending to carry out building work is not required to give a building notice or deposit full plans where the work consists only of work—
(a) described in column 1 of the Table in Schedule 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table
i.e. you must give a building notice or full plans unless the work its carried out by a CPS member and the work is in their remit.
Who exactly a person intending to carry out building work is, this is the key.
At other points in the regulations they state a person who carries out building work...
A guidance circular regarding the third party inspection scenario states that where the third party informs them of non compliance with building regulations that:
This should enable local authorities to be aware of where they may need to take enforcement action, which would be against the installer.
In this case it is clear that enforcement would be taken against the installer not the building owner.
In more guidance relating to appeals, etc. it states that the those wanting to appeal can be:
Anyone proposing to carry out building work - including property owners, designers, builders and professional advisers
In the charges regulations a person to whom a charge can be applied is a relevant person, defined as:
“relevant person” means—
(a) in relation to a plan charge, inspection charge, reversion charge or building notice charge, the person who carries out the building work or on whose behalf the building work is carried out;
(b) in relation to a regularisation charge, the owner of the building; and
(c) in relation to chargeable advice, any person requesting advice for which a charge may be made pursuant to regulation 5(2).
Based on these pieces of information I would say that there is joint responsibility.
Someone must inform Building Control and that someone can be owners, designers or builders and the charges can be applied to the owners or the person carrying out the work.
OK The building regulations are not clear on this one (surprise!)
In relation to Electrical work only; The building regulations (as amended!!) state:
A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or deposit full plans where the work consists of—
(a) the installation of a new circuit;
(b) the replacement of a consumer unit; or
(c) any addition or alteration to existing circuits in a special location.”;
A person intending to carry out building work is not required to give a building notice or deposit full plans where the work consists only of work—
(a) described in column 1 of the Table in Schedule 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table
i.e. you must give a building notice or full plans unless the work its carried out by a CPS member and the work is in their remit.
Who exactly a person intending to carry out building work is, this is the key.
At other points in the regulations they state a person who carries out building work...
A guidance circular regarding the third party inspection scenario states that where the third party informs them of non compliance with building regulations that:
This should enable local authorities to be aware of where they may need to take enforcement action, which would be against the installer.
In this case it is clear that enforcement would be taken against the installer not the building owner.
In more guidance relating to appeals, etc. it states that the those wanting to appeal can be:
Anyone proposing to carry out building work - including property owners, designers, builders and professional advisers
In the charges regulations a person to whom a charge can be applied is a relevant person, defined as:
“relevant person” means—
(a) in relation to a plan charge, inspection charge, reversion charge or building notice charge, the person who carries out the building work or on whose behalf the building work is carried out;
(b) in relation to a regularisation charge, the owner of the building; and
(c) in relation to chargeable advice, any person requesting advice for which a charge may be made pursuant to regulation 5(2).
Based on these pieces of information I would say that there is joint responsibility.
Someone must inform Building Control and that someone can be owners, designers or builders and the charges can be applied to the owners or the person carrying out the work.