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From Opinions of Substantial Compliance to Certificates of Compliance and from there -  to Jail?

25 September 2012
Category: Legal Articles

The Building Control (Amendment Regulations) 2012

Question: Would any rational architect sign up to the following on completion of a construction project?

“I certify that I have inspected the works… and the building or works as completed is neither defective nor contravenes any requirement of … the Building Regulations…

having already provided an undertaking at commencement that

“Notwithstanding the responsibilities of other person/s or firms in relation to the works, I accept responsibility and legal liability for the inspection of all works as necessary to ensure that they are neither defective nor contravene any requirements of …the Building Regulations.”

Answer: No. Certainly no architect hoping to rely on professional indemnity cover.

Yet this is what architects will be asked to sign up to if the draft Building Control (Amendment) Regulations 2012 (the Amendment Regulations) are signed in to law. And worse, if an architect says this and gets it wrong criminal sanctions, including a custodial sentence, will apply.

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