Spelthorne Borough Council Building Control Service
Terms and Conditions: Compliance with the Registered Building Inspector Code of Conduct
Introduction
These Terms and Conditions govern the provision of building control services by Spelthorne Borough Council (“the Authority”). By submitting an application or engaging with our building control service, applicants, agents and dutyholders agree to comply with these terms. The Authority recognises that those delivering the building control function are regulated by the Building Safety Regulator and must act in accordance with the Code of Conduct for Registered Building Inspectors, including Annex 2 on the provision of information to applicants or agents.
1. Scope of Service
- Building regulation applications: processing and determining applications under the Building Act 1984, the Building Regulations 2010 and the Building Safety Act 2022.
- Inspections: carrying out site visits at appropriate stages to assess compliance with the Building Regulations, approved plans and relevant safety standards.
- Dangerous structures and demolition: administering statutory provisions relating to unsafe buildings and demolition notices.
- Enforcement: taking proportionate action to secure compliance, including notices and other statutory remedies where appropriate, in accordance with the Council’s Building Control Enforcement Policy and the level of risk.
2. Responsibilities of the Council
- Compliance with legislation: implementing relevant duties under the Building Act 1984, the Building Regulations 2010, the Building Safety Act 2022 and associated statutory instruments.
- Risk Management: Identify, assess, and mitigate building safety risks, ensuring timely action plans.
- Record Keeping: Maintain accurate records, inspection reports, and compliance certificates.
- Fair enforcement: applying enforcement policies consistently, proportionately, transparently and in the public interest.
- Maintain relevant insurance for the building control functions and its Register Building Inspectors.
3. Responsibilities of Applicants and Dutyholders
- Accurate Information: Provide complete and accurate plans, specifications, and supporting documents.
- Compliance with Notices: Act promptly on any improvement or enforcement notices issued by the Council.
- Access for inspections: providing safe and reasonable access for Council officers to carry out inspections.
- Dutyholder obligations: principal designers, principal contractors, contractors, designers and accountable persons must comply with their statutory duties where applicable.
4. Applications and Documentation
- Applications must be made using the prescribed forms and must be accompanied by all required plans, documents, and fees.
- The Authority reserves the right to request additional information or clarification to determine compliance with building regulations.
5. Fees, Payment and Times
- Fees are payable in accordance with the Authority’s published schedule of charges, available on the Council’s website, and are subject to the Building (Local Authority Charges) Regulations 2010. Local authority building control is provided on a not-for-profit basis; the Authority does not receive referral fees and, subject to the charging regulations, any quoted fee represents the total cost.
- Failure to pay the required fee may result in the application not being progressed and may lead to recovery action where appropriate.
- Full Plans applications are determined within the statutory 5-week period, which may be extended with the applicant’s consent.
- Building Notice can commence in 48 hours
6. Inspections
- Inspections will be carried out at key stages of construction as specified by the Authority.
- The applicant is responsible for notifying the Authority at each inspection stage.
- Failure to request inspections may result in the Authority being unable to issue completion certificates.
7. Certificates and Notices
- The Authority will issue statutory notices and completion certificates where satisfied that the work complies with building regulations.
- Issuance of certificates is subject to satisfactory completion of works and all required inspections and certificates.
8. Provision of Information to Applicants or Agents
In accordance with Annex 2 of the Code of Conduct for Registered Building Inspectors, the Authority will provide applicants or agents with clear information about the building control service being provided, including the scope of the service, relevant responsibilities, inspection arrangements, fees, statutory processes, complaints routes and any limitations on the Authority’s regulatory role.
Information will be provided in a way that is accurate, accessible and proportionate to the nature of the work. Applicants and agents remain responsible for ensuring that full and accurate information is submitted and that work complies with the Building Regulations and other applicable statutory requirements.
8. Liability and Disclaimer
- The Council’s role is regulatory, not supervisory. Responsibility for compliance rests with the duty holders (designers, contractors, and building owners).
- The Council accepts no liability for defects, delays, or costs arising from non-compliance by applicants or contractors.
9. Data Protection
Personal data provided in connection with building control applications will be processed in accordance with current data protection legislation and the Authority’s privacy policy, details of which are available on the Council’s website.
10. Complaints and Appeals
- Complaints should be submitted in writing to the Authority’s Building Control Manager, using the Council’s formal complaints process.
- Appeals against decisions may be made to the Building Safety Regulator or other statutory bodies as provided by law.
11. Amendments
The Authority reserves the right to amend these Terms and Conditions at any time. Any changes will be published on the Authority’s website and will take effect immediately.
12. Governing Law
These Terms and Conditions are governed by the laws of England and Wales. Any disputes arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.