Approved Inspector insurance - what you need to know
LAST UPDATED 4/9/19
We have published FAQs aimed at building owners in relation to this issue. Read the Approved Inspector insurance FAQs.
LABC is aware of a number of private Approved Inspectors (AIs) who have been unable to secure the required level of public liability and professional indemnity insurance cover which means they can no longer operate as an Approved Inspector. In some cases the Approved Inspectors affected have tried to pass building work in progress on to another Approved Inspector. Legally, where work has already started it has to be reverted to the appropriate local authority.
What should you do if your Approved Inspector no longer has the insurance cover required to trade?
The procedure is as follows:
- Either the AI or the person carrying out the works must cancel the existing Initial Notice lodged with a local authority.
- If work has started on site, any work not covered by a Final Certificate must revert to local authority control. Only if work has not started then another AI can submit an Initial Notice for the work.
- If the affected Approved Inspector has not cancelled the initial notice, the person carrying out the work must fill in a copy of Form 7 under the Approved Inspector regulations which cancels the Initial Notice submitted by the AI and submit an application to the local authority.
- When work is ‘reverted’ to a local LABC team in this way, you will need to provide them with as much information as possible to help them determine the work so far complies with the requirements of the regulations. Local authorities will charge a fee for work that is reverted to them. This fee will be individually assessed based on the size of the project and the amount of time needed to ascertain compliance with the Building Regulations. So any information you have about inspections undertaken so far, plus any building plans, structural calculations or photographs of the work in progress will be of great assistance and may help to limit LABC fees.
- The LABC team will then assess all of this and advise you of the next steps in the process.
- If you aren't able to demonstrate compliance with particular parts of the work you may have to uncover certain areas for inspection. It's always LABC's aim to keep this to a minimum.
LABC understands there are many people, including thousands of homeowners, affected by the situation and facing the prospect of having to open up works previously inspected by an Approved Inspector.
Dealing with reversions from Approved Inspectors is a statutory duty of local authorities – the Approved Inspector’s ability to trade and the issue of any previously paid fees is outside our remit or control.
Complaints relating to any Approved Inspector should in the first instance be directed to the individual Approved Inspector and failing that to the designated body CICAIR Ltd.
Public service building control teams are there to help you throughout this process so that your project can be successfully completed.
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Comments
How do I check If My Approved Inspector is Compliant?
Submitted 5 years 4 months ago
Reply to: How do I check If My Approved Inspector is Compliant?
Submitted 5 years 3 months ago
The designated body for Approved Inspectors is CICAIR. They maintain a list of Approved Inspectors on their website (https://www.cicair.org.uk/approved-inspectors-register) alongside details of the insurance policies held by each and their expiry date.
Regards,
LABC
Acivico
Submitted 5 years 2 months ago
Reply to: Acivico
Submitted 5 years 2 months ago
Acivico had two separate trading entities. Acivico's Approved Inspector arm only ever dealt with projects outside Birmingham City Council's geographical area. All of these projects are being reverted to the relevant local authorities. Projects within the Birmingham City Council area were always dealt with by Acivico's local authority team and as such have no need to revert.
Kind regards,
Cathal, LABC
Notes
Submitted 5 years 2 months ago
Kind regards
Reply to: Notes
Submitted 5 years 2 months ago
We understand that CICAIR Ltd, the designated body responsible for maintaining and operating the Construction Industry Council Approved Inspector Register wrote to Begbies Traynor regarding this matter on 5 September and we await sight of any response.
Regards,
Martin, LABC
Gone wrong
Submitted 5 years 1 month ago
We are stuck between professional bodies.
Reply to: Gone wrong
Submitted 5 years 1 month ago
The responsibility for ensuring the works comply with the Building Regulations was passed in full to your local authority once Aedis went into liquidation. If a serious structural issue was missed by the Approved Inspector, your local authority is obligated to see that it's remedied and that the building is safe to be occupied. The fact that it was missed or deemed okay by Aedis cannot be accepted by the local authority if they deem the works not to meet the minimum structural requirements set out in the regulations.
Kind regards,
Cathal, LABC
Outsourcing the cost of returning my data
Submitted 5 years 1 month ago
Reply to: Outsourcing the cost of returning my data
Submitted 5 years 1 month ago
While Approved Inspectors are required to maintain accessible records for 15 years, it would appear that there is nothing to prevent the liquidators in this case from charging to access them. While LABC have made our feelings known about homeowners being charged a further £150 on top of the fee already paid to Aedis and the subsequent reversion fee, there is little we can do because Approved Inspectors are regulated by a separate body – CICAIR. It may be worth contacting CICAIR directly to enquire whether anything is being done to help people in your situation.
Regards,
Cathal, LABC
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