To Notify or not to Notify

19 Aug 2018

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,…

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;

  1. Proof of a compliant audit trail
  2. Consumer notification of such work in writing
  3. Reporting of defective and/or dangerous installations in accordance with industry procedures
  4. Providence of suitable documentation regarding any remedial work carried out
  5. Suitable PL and PI insurance
  6. Reference to materials, method and process
  7. Demonstration of a ‘Duty of Care’
  8. If in question, ‘Due Diligence’ can be audited and proven

Steven HowardIt 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

share this

Sweep Stuff Magazine - August 2023

Our bi-monthly members magazine delivered to your door is full of the latest news and industry updates for chimney sweeps across the UK.

In this issue:

Milly joins the team

Swept away – Sweep Stuff Live 2023

Death of coal

Stove recommendations

ClearSkies certification

Magazine archive

Trade Partners

The Heating App logo
Ability Logo
SiA Logo
Mi Flues Logo
Dura Flue Logo
Smoke & Co logo
Bulldog Traditional Rod and Brush Company logo
Recoheat

19 Aug 2018

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,…

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;

  1. Proof of a compliant audit trail
  2. Consumer notification of such work in writing
  3. Reporting of defective and/or dangerous installations in accordance with industry procedures
  4. Providence of suitable documentation regarding any remedial work carried out
  5. Suitable PL and PI insurance
  6. Reference to materials, method and process
  7. Demonstration of a ‘Duty of Care’
  8. If in question, ‘Due Diligence’ can be audited and proven

Steven HowardIt 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

Guild of Master Chimney Sweeps

The latest Guild News right to your inbox

Sign up to receive regular updates from the Guild of Master Chimney Sweeps and have the Sweep Stuff magazine delivered straight to your inbox.

Please enable JavaScript in your browser to complete this form.
Name
=