To Notify or not to Notify
Work which is not notifiable under Schedule 4.
Schedule 4 to the Building Regulations sets out types of work where there is no requirement to notify a Building Control Body (BCB) that work is to be carried out. These types of work are mainly of a minor nature where there is no significant risk to health, safety, water efficiency or energy efficiency. Health, safety, and energy efficiency requirements continue to apply to these types of work; only the need to notify a BCB has been removed. Where only non-notifiable work as set out in Schedule 4 is carried out, there is no requirement for a certificate confirming that the work complies with Building Regulation requirements to be given to the occupier or the BCB. In general, all work on a combustion appliance which is not a repair or maintenance will be notifiable work and Schedule 4 will not apply.
Quite clearly, Part J of the Building Regulations makes the following reference: –
“In general, all work on a combustion appliance which is not a repair or maintenance will be notifiable work and schedule 4 will not apply”
Schedule 4 of the Building Regulations simply refers to ‘Non-Notifiable work’ therefore any repair and/or maintenance work to, or on, an existing combustion appliance is ‘NON-NOTIFIABLE’ in accordance with a regulatory document and not a CPS providers interpretation. The technical meaning is that anyone with enough common sense, mechanical skills and the tools/equipment necessary to carry out such repairs and maintenance work may do so legitimately, the only legal pre-requisites will be;
- Proof of a compliant audit trail
- Consumer notification of such work in writing
- Reporting of defective and/or dangerous installations in accordance with industry procedures
- Providence of suitable documentation regarding any remedial work carried out
- Suitable PL and PI insurance
- Reference to materials, method and process
- Demonstration of a ‘Duty of Care’
- If in question, ‘Due Diligence’ can be audited and proven
It is imperative that any repair or maintenance work if undertaken on or to a defective or dangerous installation is done so with the consent of the consumer and supported with a detailed audit trail, it may also be necessary as well as onerous upon those carrying out such remedial work to inform the consumer and thus original installer of any defect and non-compliance prior to any physical involvement as well as to explain to the consumer what their legal rights are therefore negating any personal liability