3.10 Inspection and tests
3.10.1 The intention is that verifiers may inspect on-going works during construction, as they see fit. To help facilitate this the verifier must be notified in writing of the commencement of works on site within 7 days of the start date. The need for and frequency of, inspections is assessed by the verifier, taking into account matters such as the type of work, quality of information submitted, etc. It must be stressed that the inspections are to protect the public interest in terms of compliance with building regulations, not to ensure that all the work is constructed as the person paying for the work would want it.
3.10.2 Should any verifier be actively prevented from undertaking inspections of work, the ‘relevant person’ (see paragraph 5.2.1 below) submitting a completion certificate for the work can expect to have it refused. Also, Section 27 of the Act gives a local authority power to issue enforcement notices (see chapter 7 below) where work is being done without a warrant or not in accordance with a warrant and powers to inspect work in progress. If necessary, a verifier (where not a local authority) could request an inspection be carried out by the local authority under these powers.
3.10.3 To assist verifiers in deciding when to inspect, applicants are required to inform verifiers when work commences, when drains are laid but not covered, when the drainage system is complete and when the building is complete. For particular projects verifiers may also require applicants to give notice when other stages of work are complete, such as when foundations are about to be laid or a roof structure has been erected. The nature and frequency of inspections carried out by a verifier may vary dependant on a risk assessed approach and the size and complexity of the project.
3.10.4 Applicants also need to inform verifiers of any work that is to be certified by an approved certifier of construction, before that work starts on site (or elsewhere, in the case of off-site prefabrication), if the refunds available at completion are to be claimed. Applicants should agree any such declarations with the certifiers identified to do the work, as if subsequently the work is not certified, it may result in the need for disruptive surveys and delay. A verifier should not inspect works on site that are the subject of a certificate of design.
3.10.5 A verifier may inspect a site or an existing building before issuing a warrant with the agreement of the applicant (and the owner if different). In practice early inspections can be helpful to applicants and verifiers and can assist assessment of an application. Applicants are encouraged to allow such preliminary inspections. Note, however, that where a local authority suspects building work is being done without a warrant it has powers to enter and inspect any premises. Where a building is to involve extensive off site fabrication, it may also assist assessment if inspection of the parts during fabrication could be agreed, although the practicality of such an arrangement will depend on the location of the fabricator.
3.10.6 Under section 41(2) of the Act, a verifier may request a ‘materials test’ if they consider it necessary. These tests are to establish whether an application for warrant should be granted or whether a building being constructed under a warrant is being constructed in accordance with the warrant (see also paragraph 5.5.3 in relation to tests to determine whether a completion certificate should be accepted). The Act explains that a ‘materials test’ means a test on individual materials or materials in combination or even of a whole building. The test is at the building warrant applicant’s or relevant person’s expense.
3.10.7 In the case of work covered by a certificate of design, a verifier may not request a materials test before granting a warrant. However if a local authority wishes to take enforcement action they may, under section 39(4) of the Act, carry out reasonable tests to determine the quality and strength of any material.
