GovWire

Investigations

If youre a registered building inspector (RBI), the Building Safety Regulator (BSR) can investigate you when there are concerns you have:

• not met the standards of conduct and practice expected of anRBI
• done something which is likely to bring the profession into disrepute
• contravened the RBI code of conduct for England or Wales
• committed acriminal offenceunder the Building Act 1984 or the Building Safety Act 2022

Investigations can be started following concerns raised by:

• BSR
• local authorities
• otherRBIs
• registered building control approvers
• industry
• members of the public
• other regulators or bodies

Starting an investigation

IfBSRdecides to start an investigation, they:?

• will tell you that you are under investigation and what it is about
• may tell you to supply information relevant to the investigation

You can read guidance about theinvestigation of building control professionals, it tells you howBSRplans, conducts and concludes investigations.

During an investigation: interim suspension

During an investigation, BSR can suspend you for up to 3 months if they decide the concerns raised about your professional conduct:

• may be true
• could lead to the cancellation of your registration if they were proven to be true

You must not carry out restricted activities while you are suspended.

You can appeal against an interim suspension. Information about how to appeal will be provided with the decision letter or email.

After an investigation

BSRwill tell you the outcome of the investigation, which can be that:

• no further action is needed
• you are given advice
• you are given actions to fix the issues identified
• the case is referred for a sanction decision
• the case is referred to decide if you should be prosecuted

Sanctions for professional misconduct

When the case is referred for a sanction decision,BSRwill send you the disciplinary and sanctions procedure they follow to decide:

• if you have committed professional misconduct
• which sanctions to apply

IfBSRdecides that you have committed professional misconduct, they can:

• decide not to apply any sanctions
• issue you with a financial penalty
• vary your registration
• suspend your registration
• cancel your registration

BSRcan apply one or more sanctions at once. If you do not comply with any sanction, further enforcement action may be taken.

You can appeal against any sanctions applied byBSR. Information about how to appeal will be provided with the decision letter or email.

Financial penalties

BSRcan decide to issue you with a financial penalty of up to 10,000. In some serious cases, the financial penalty may be more than 10,000.

Failure to pay a financial penalty may result in:

• further enforcement action
• court proceedings to recover any outstanding debt

Variation of registration

BSRcan put limits or conditions on the work you are allowed to do as anRBI. The variation will be recorded on theRBIregister.

Suspension of registration

BSRcan suspend you from the register for up to 2 years. The suspension will be recorded on theRBIregister.

You must not carry out restricted activities while you are suspended.

Cancellation of registration

BSRcan cancel your registration and remove you from theRBIregister. You must not carry out restricted activities when your registration is cancelled.

Criminal offences

Criminal offences include:

• giving advice or acting outside the scope of your registration
• deliberately doing anything that implies work is within scope of your registration, when it is not
• acting as or implying that you are anRBI, without being registered
• obstructing, deceiving or impersonating an authorisedBSRofficer
• giving false or misleading information toBSR
• failing to provide information as requested by an authorisedBSRofficer

If your registration is suspended it is a criminal offence to:

• carry out restricted activities
• give advice relating to restricted activities
• deliberately do anything to imply your registration is not suspended

If there is evidence you have committed a criminal offence, you may be prosecuted.