Cancelling an Initial Notice
A Reversion Application should be used where an Initial Notice from a Registered Building Control Approver (RBCA) (previously known as an Approved Inspector), is no longer in force and the application is to ‘revert’ back to the local authority. See Regulation 22 of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024.
The reasons for this include:
- The private building control body is no longer in business
- The private building control body has cancelled their Initial Notice due to contraventions of the Building Regulations that the owner/builder has failed to rectify
- The private building control body has not been able to gain access to the property, or been notified of the commencement of works
- The owner/person responsible for the works decides that they no longer want to use the services of a private building control body
What we require
We require:
- A full description of the unauthorised work, and plans indicating the work carried out (existing plans - before work commenced and proposed plans - what is intended/what has been completed) - so that it is clear what works have been/intend to be carried out.
- Plans and associated structural calculations should demonstrate compliance with the building regulations that were in force when the work was originally carried out.
- The appropriate fee - this will be calculated based on the nature of the work and stage the work is at, including the estimated costs of the works.
- Photographs of the work in progress or other evidence may assist in demonstrating compliance. This may help to reduce any required exposure works.
Fees can be paid over the telephone. Contact us for advice if you are unsure via building.control@york.gov.uk.
When we receive a reversion application, we may require you to take reasonable steps to determine what work, if any, is required to make sure that the relevant requirements are met. These steps may include:
- The laying open of the building work for our inspection
- Making tests and taking samples, as we think appropriate
If you are unwilling to comply with any reasonable request, there is a risk that we will be unable to judge whether the work satisfies the applicable regulations.
We may be left with no alternative but to prosecute the owner of the property where the contravening work may compromise life safety of the occupants, visitors or the public, depending on the circumstances.
Please download, complete and return a copy of our Reversion Application Form.
Please also complete and return a copy of the Form 10 Cancellation Notice under the RBCA regulations. This cancels the Initial Notice submitted by the RBCA, if the RBCA hasn't cancelled the initial notice already.
Additional guidance
In 2019 and shortly after, we were made aware that several Approved Inspectors (now known as Registered Building Control Approvers) could not get the insurance necessary to enable them to continue to operate as an Approved Inspector. We had no forewarning of the problems surrounding the Approved Inspectors.
The Approved Inspectors at that time were Aedis, GSA and Head Projects. Since then, others have gone out of business, including Capital and Counties, BCA (Building Control Approval Ltd), Scotts AI, Active Building Control, Campagna and PWC Building Control Ltd.
Assent Building Compliance Limited, involving Oculus Building Control Limited and LB Building Control Limited are also now out of business. Please refer to our liquidation guidance if you had an Initial Notice with these RBCAs.
Several Approved Inspectors (now known as Registered Building Control Approvers), operating as Private Building Control Bodies, have also ceased trading but have failed to 'sign off' their clients' building works as complete.
The government has created some guidance and FAQs to help residents in this situation, see Building control practice guidance: Cancellation notices, transfers and reversions. Although it specifically mentions 'PWC Building Control Ltd', the general principles are the same for other companies that have ceased trading recently.
Should you have further queries, specific to your property in the City of York, please contact us via our Building Control Service email building.control@york.gov.uk.
Before 6 April 2024:
The relevant legislation (which is called the 'Building (Registered Building Control Approvers etc.) (England) Regulations 2024 - Building Act 1984') states that if a Registered Building Control Approver is unable to carry out their functions, either they or the person carrying out the works must cancel the Initial Notice lodged with a local authority. This usually means the owner as they are responsible for works on their property.
If work has already started, the work must, by law, be passed back to us at the City of York Council Building Control Service to ensure compliance with the Building Regulations.
If work has not started then the Initial Notice must still be cancelled by the person carrying out the works, but the owner can choose to appoint us at the City of York Council Building Control or a new Registered Building Control Approver, should they wish, and a new Building Regulations application should be submitted prior to works commencing on site.
Since 6 April 2024:
Some projects which are underway may be transferred to another approver.
Please discuss this with your Registered Building Control Approver and/or contact us first, as it is quite a detailed process. See Regulations 24 and 25 of the Registered Approvers Regulations regarding transfer certificates.