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Offences relating to fixed installation works

Building Control (Fixed Installations) Regulations 2025

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—(1) Any person who commences or carries out, or permits or authorises the commencement or carrying out of any fixed installation works for which —(a)the plans of which have not been approved by the Commissioner of Building Control under regulation 11 or 14; or(b)if the fixed installation works relate to a lift (except a stairlift or vertical platform lift) — no type testing certificate (and accompanying documents) for the lift model of the lift or any safety component in that lift, has been submitted,shall be guilty of an offence under section 20(1) of the Act and shall be liable on conviction to punishment under that provision.(2) Any person who contravenes any term or condition of an approval of plans of any fixed installation works under regulation 11 or 14 shall be guilty of an offence under section 20(2) of the Act and shall be liable on conviction to punishment under that provision.(3) Any person directly concerned with the fixed installation works who, in carrying out the fixed installation works —(a)deviates, or permits or authorises the fixed installation works to deviate, in any material way from any plans of the fixed installation works approved by the Commissioner of Building Control under these Regulations; or(b)if the fixed installation works relate to a lift (except a stairlift or vertical platform lift) — uses, or permits or authorises the use of, any lift model or safety component (if applicable) that does not correspond with any type testing certificate submitted with the plans,shall be guilty of an offence under section 20(3) of the Act and shall be liable on conviction to punishment under that provision.(4) In proceedings for an offence under paragraph (3) — (a)it is not necessary for the prosecution to prove that an accused knew that the fixed installation works concerned —(i)deviate in any material way from any plans of the fixed installation works approved by the Commissioner of Building Control under this Part; or(ii)if the fixed installation works relate to a lift (except a stairlift or vertical platform lift) — involved any lift model or safety component (if applicable) that does not correspond with any type testing certificate submitted with the plans; but(b)it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know and could not reasonably have known about the plans of those fixed installation works approved by the Commissioner of Building Control under this Part.

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