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Duties of plan submission QPs and supervisor QPs

Building Control (Fixed Installations) Regulations 2025

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—(1) A plan submission QP appointed in relation to any fixed installation works must —(a)take all reasonable steps and exercise due diligence to ensure that the fixed installation works are designed in accordance with these Regulations (subject to regulation 45);(b)notify the Commissioner of Building Control of any contravention of these Regulations in relation to those fixed installation works of which the plan submission QP knows or ought reasonably to know;(c)supply a copy of the plans of the fixed installation works approved by the Commissioner of Building Control (including any conditions imposed in that approval, type testing certificates accompanying that approval and documents accompanying those type testing certificates) to —(i)any fixed installation works contractor for those works; and(ii)any supervisor QP who is appointed under regulation 29(1)(a)(ii) for the fixed installation concerned; and(d)check and confirm that any type testing certificate (including any accompanying document) accompanying an application under regulation 9(1) or 14(2) —(i)is valid;(ii)corresponds with the plans for the fixed installation works;(iii)is complete; and(iv)complies with any other requirements that the Commissioner of Building Control may specify.(2) For the purpose of paragraph (1)(a) —(a)the plans of any fixed installation works that are prepared in accordance with the acceptable solutions are deemed to comply with the objectives and performance requirements set out in the Third Schedule; and(b)if the plan submission QP appointed to prepare the plans of any fixed installation works intends to utilise any alternative solution (that is to say, a solution that entails the use of any design, material or installation method that differs completely or partially from those in the acceptable solution), the plan submission QP must —(i)take all reasonable steps and exercise due diligence to ensure that the alternative solution satisfies the objectives and performance requirements set out in the Third Schedule; or(ii)obtain the certification of another person who has such requisite specialist knowledge or qualification in the application of the alternative solution as the Commissioner of Building Control may approve (called in this regulation a specialist in the alternative solution), that the alternative solution satisfies the objectives and performance requirements set out in the Third Schedule.(3) A specialist in the alternative solution must not issue any certification for the purposes of paragraph (2)(b)(ii) unless the specialist in the alternative solution has taken all reasonable steps and exercised due diligence to ensure that the alternative solution in respect of which his or her certification is being sought satisfies the objectives and performance requirements that are set out in the Third Schedule in respect of the fixed installation works for which the alternative solution is to be applied.(4) A supervisor QP appointed in relation to a fixed installation for the purposes of Part 3 must —(a)after the installation of, or major alteration or replacement works for, the fixed installation is complete, and before the application for a permit to operate, be physically present to —(i)supervise that any examining, inspecting, testing or commissioning of the fixed installation by a fixed installation works contractor is carried out in accordance with regulation 29(2); and(ii)ensure that the design, installation, operation and function of the fixed installation are in accordance with and complies with —(A)these Regulations (subject to regulation 45);(B)the relevant plans approved by the Commissioner of Building Control; and(C)any terms and conditions in the approved plans imposed by the Commissioner of Building Control;(b)submit a test report to the Commissioner of Building Control, in the form and manner specified by the Commissioner of Building Control, relating to the examining, inspecting, testing and commissioning of the fixed installation;(c)submit a certificate to the Commissioner of Building Control, in the form and manner specified by the Commissioner of Building Control and signed by the supervisor QP, certifying that —(i)the fixed installation has been examined, inspected, tested and commissioned in accordance with sub‑paragraph (a)(i);(ii)the design, installation, operation and function of the fixed installation has been carried out in accordance with and complies with sub‑paragraph (a)(ii);(iii)the supervisor QP considers that the fixed installation is fit for operation; and(iv)the supervisor QP, and any nominee of the supervisor QP, is not a partner, director, officer or employee of —(A)the owner of the fixed installation;(B)the developer of the fixed installation works concerned;(C)the builder undertaking the fixed installation works concerned;(D)the fixed installation works contractor who examined, inspected, tested and commissioned the fixed installation under regulation 29(2); or(E)an associate of a person mentioned in sub‑paragraph (A), (B), (C) or (D); and(d)notify the Commissioner of Building Control of any contravention of these Regulations relating to those fixed installation works concerned of which the supervisor QP knows or ought reasonably to know.(5) If a plan submission QP or supervisor QP becomes unwilling or unable, whether by reason of the termination of his or her appointment or for any other reason, to carry out his or her duties under these Regulations, he or she must, within 14 days after ceasing to carry out his or her duties, notify the following persons of that fact:(a)the Commissioner of Building Control;(b)in the case of a plan submission QP appointed in relation to fixed installation works —(i)the developer of the fixed installation works;(ii)the builder undertaking the fixed installations works; and(iii)the fixed installation works contractor carrying out the fixed installation works;(c)in the case of a supervisor QP appointed in relation to a fixed installation —(i)the owner of the fixed installation; and(ii)the fixed installation works contractor appointed for the fixed installation.(6) A supervisor QP must not supervise a fixed installation works contractor’s examining, inspecting, testing and commissioning of any fixed installation if the supervisor QP, or any nominee of the supervisor QP, is a partner, director, officer or employee of —(a)the owner of the fixed installation;(b)the developer of the fixed installation works concerned;(c)the builder undertaking the fixed installation works concerned;(d)the fixed installation works contractor; or(e)an associate of a person mentioned in sub‑paragraph (a), (b), (c) or (d).(7) If any plan submission QP contravenes paragraph (1)(a) or (d) or (2)(b), the plan submission QP shall be guilty of an offence under section 9(8) of the Act and shall be liable on conviction to punishment under that provision.(8) If any specialist in the alternative solution mentioned in paragraph (2)(b)(ii) contravenes paragraph (3), the specialist shall be guilty of an offence under section 9(8A) of the Act and shall be liable on conviction to punishment under that provision.(9) If any supervisor QP contravenes paragraph (4)(a), the supervisor QP shall be guilty of an offence under section 9(9) of the Act and shall be liable on conviction to punishment under that provision.(10) If —(a)any plan submission QP contravenes paragraph (1)(b); or(b)any supervisor QP contravenes paragraph (4)(b), (c) or (d) or (6),the plan submission QP or supervisor QP (as the case may be) shall be guilty of an offence under section 9(10) of the Act and shall be liable on conviction to punishment under that provision.(11) If any plan submission QP or supervisor QP contravenes paragraph (5), the plan submission QP or supervisor QP (as the case may be) shall be guilty of an offence under section 9(11) of the Act and shall be liable on conviction to punishment under section 47 of the Act.(12) It is a defence in any prosecution for a contravention of paragraph (1)(b) or (4)(d) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention mentioned in the charge.

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