HDRW said:
They they are breaking the law! First it is their job to do this (ask the ODPM!) so they can't decide not to do it, and secondly the charges for dealing with building notices are not allowed to be decided like this - they can only cover the cost of the approval process.
My current spare-time project is to try and assemble a single document version of the Building Regs (i.e. start with the first one, turn it into a Word doc, then go through and apply all the subsequent amending SIs) - I would dearly love to see the whole thing, and understand what it says about LABC's duties. I feel that you ought to be right, but who knows what they can actually do and remain within the letter, if not the spirit, of the law. I've not had time yet to properly read The Building (Local Authority Charges) Regulations 1998 (
http://www.hmso.gov.uk/si/si1998/19983129.htm )
I wouldn't mind getting myself qualified and registered, but the process is horrendous (once I had all the technical knowledge, it doesn't seem possible to join a Competent Persons scheme because it looks like you have to be part of a company, already a practicing sparky!)
NAPIT's "Just8" scheme (see
http://www.electricaltimes.co.uk/news/article.asp?articleid=4094) is probably the least onerous in financial terms.
There also doesn't seem to be a way to get DIY (or non-registered sparks') work checked / certified by a Competent Person - they have to do the work. They really didn't think it through, did they?
I think they did, but probably not to the level of the costs of alternative routes, particularly for small jobs. Firstly, there is nothing in Part P which requires non-registered work to be inspected or tested by a Competent Person. The whole point of the Competent Person idea is self-certification, and it does not apply to work done by someone else.
Secondly, if a LABC dept decide that they do not have the expertise to inspect & test themselves, then I guess they can sub it to someone else whose expertise they accept. There is no reason why the person they sub it to has to be a member of a Competent Person scheme, but I know that some LABCs are using that criterium as a way of satisfying themselves about the competence of the person they have subbed to.
All this of course hinges on whether they are allowed to insist on non-LABC inspection. I know that there are people/firms who are Approved Inspectors with regard to the previous "building" type stuff covered by Building Regulations, and that LABCs can (must??) accept inspections carried out by them if that's what applicants choose to do, but what I don't (yet) know are the following:
1) Can they
insist on 3rd party inspections?
2) Are they only
allowed to accept 3rd party inspections if the person doing them is an Approved Inspector as per the requirements of The Building (Approved Inspectors etc.) Regulations?