Registered Building Control Approver

UPDATE - Assent Building Compliance Limited

(Oculus Building Control Limited and LB Building Control Limited)

Advice and Supporting Information

We sympathise with you having been affected by the liquidation of your Registered Building Control Approver (RBCA). We understand you will be concerned about this situation and what this means for you and how you will be affected.

As your Local Authority Building Control Service, we want to assure you that we have considerable experience in dealing with private company insolvency situations like this. It’s unfortunately, not the first time this has happened and as such, we will help you as quickly and efficiently as we can.

We can only engage with you if Oculus Building Control Limited or LB Building Control Limited or you (as the Client) has cancelled the original Initial Notice.

1.    Cancellation by the Registered Building Control Approver (RBCA) under section 52(1)(a) of the Building Act 1984

Work will revert to the us, as the Local Authority Building Control Service unless a new Initial Notice by a new Registered Building Control Approver (RBCA) is given to us within 7 days of us receiving the Cancellation Notice, if the Cancellation Notice was issued by the original Registered Building Control Approver (RBCA) under s.52(1)(a) of the Building Act 1984.

The use of a New Initial Notice is acceptable where a new Registered Building Control Approver (RBCA) has been employed by the person carrying out the work on the basis of them undertaking all of the Registered Building Control Approver (RBCA) functions under Part 5 of The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 and fulfils all the necessary elements set out in s53(7) – (14) and s53B of the Building Act 1984.

Where the Cancellation Notice has been given by Oculus or LBBC under section 52(1)(a) of the Building Act, then the new Registered Building Control Approver (RBCA) will be responsible for certifying that all the work carried out so far is compliant, the new Registered Building Control Approver (RBCA) should then issue a Transfer Certificate and Transfer Report to the LA as part of the New Initial Notice procedure.

If, after the Registered Building Control Approver (RBCA) has given a Cancellation Notice, the person carrying out the work is categoric that they wish the work to revert to the us and do not wish to employ a new Registered Building Control Approver (RBCA), and a New Initial Notice is not given to the us within 7-days of the cancellation of the original Initial Notice, then we can consider the work as having reverted to our control – but not if it is in respect of High-Risk Building work or work to an existing High-Risk Buildings in England, whereby the work must revert to the Building Safety Regulator (BSR) – please see below.

2.    Cancellation by the person carrying out the work under section 52(3) of the Building Act 1984

Where a Cancellation Notice has not already been given by either Oculus or LBBC, the person carrying out the work must cancel the Initial Notice. In cases where the person carrying out the work asks how they can cancel the Initial Notice; they should be advised to use Form 10 of Schedule 1 of the RBCA (England) Regulations 2024. The person carrying out the work should also be advised to send a copy of the completed Form 10 or 10(W) Cancellation Notice to Oculus or LBBC as a matter of courtesy/procedure.

Similarly, where the person carrying out the work wishes to cancel the Initial Notice before Oculus or LBBC have given their own Cancellation Notice, then it may be possible for work in England and Wales to transfer to a new Registered Building Control Approver (RBCA) without the need for a Transfer Certificate or Transfer Report. Moreover, there is no 7-day time limit on the giving of a new Initial Notice or for the need to have a Final Certificate in place in this circumstance.

Where the person carrying out the work gives the Cancellation Notice then we should begin to determine what positive step(s) need to be taken to supervise the work so as to allow a smooth transition from the Registered Building Control Approver (RBCA) to us, as the Local Authority Building Control Service

We would also draw your attention to recent changes provided by amendment regulations in England, that prevent a new Initial Notice from being used where the work was the subject of a Contravention Notice by the outgoing Registered Building Control Approver (RBCA) that has not been resolved. In this case there would be a ground for rejection and the work will have to revert to us, as your Local Authority Building Control Service – see ‘Grounds for rejecting New Initial Notices’ below.

We would also point out that, in some cases, Initial Notices might already have ceased to be in force – because of the existence of the conditions in RBCA (England) Regulation 19 (premises that have been occupied for more than 4 or 8 weeks) This could also apply to historic Assent Building Control projects that ceased to be in force on 1 October 2024, without having a Final Certificate.

3.    Cancellation Notices relating to legacy High-Risk Building work

In the case of High-Risk Buildings, the Initial Notice must still be cancelled, and the notice must be given to us, as your Local Authority Building Control Service. However, for any High-Risk Building work in England, the developer must be advised to contact the Building Safety Regulator to whom the High-Risk Building work will then transfer – this follows the procedure outlined in paragraph 11 of Schedule 3 of The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.

As a Local Authority Building Control Service, we are not compelled to send a copy of the Cancellation Notice to the Building Safety Regulator, but we recommend that a copy is sent as a matter of courtesy/completeness.

4.    Cancellation Notices given by the person carrying out the work under s52(3) after the Registered Building Control Approver (RBCA) has given a Cancellation Notice under section 52(1)(a) of the Building Act 1984

Once an Initial Notice has been cancelled it ceases to have effect (to be in force) as soon as we receive it (albeit it might be argued the Initial Notice is no longer in effect as soon as the Registered Building Control Approver (RBCA) has signed the Cancellation Notice).

If another Cancellation Notice is given afterwards, then, there is no Initial Notice to cancel, and the notice serves no purpose. The first Cancellation Notice cannot be supplanted by a later Cancellation Notice given by the person carrying out the work, simply to prevent a new Registered Building Control Approver (RBCA) from having to give a Transfer Certificate and Transfer Report.

5.    Grounds for rejecting new Initial Notices

All the grounds contained in both Schedules 2 and 5 respectively of the Registered Building Control Approver Regulations in both England and Wales remain available for us as the Local Authority Building Control Service to apply as we see fit in the circumstances for each new Initial Notice given by a new Registered Building Control Approver (RBCA). However, we would draw your attention to the following grounds in particular:

Registered Building Control Approver (RBCA) (England) Regulations

Ground 12 – Earlier notice: Where section 53(7)(a) of the BA84 applies if, upon the expiry of seven days, a new Initial Notice has not been given by a new Registered Building Control Approver (RBCA) and we, as the Local Authority Building Control Service, have taken a positive step(s) to supervise the work, then this may be a ground for the rejection of a new Initial Notice that is given later. We must ensure that we have recorded what positive steps(s) they have taken to supervise the work and the date the step(s) occurred, should the rejection of the new Initial Notice be challenged in the appropriate court or tribunal under section 55 of the BA84.

However, please note that there is no official definition or meaning for the phrase – “taken a positive step to supervise the work”.

Additionally amendments made to the RBCA (England) Regulations also provide for (in Ground 13(3)) situations where the Registered Building Control Approver (RBCA) might have cancelled the Initial Notice because a Contravention Notice given under Registered Building Control Approver (RBCA) regulation 21(1) has not been rectified in accordance with Registered Building Control Approver (RBCA) regulation 21(3).

6.    New Initial Notices that do not satisfy section 53(7)(a) of the Building Act 1984

Where a new Initial Notice is given by a new Registered Building Control Approver (RBCA) and the new Initial Notice does not satisfy one or more of the conditions given in bullets i), ii), and iii), then the notice is not a New Initial Notice and cannot be accepted.

The notice should not be rejected – as there are no grounds to do so. However, we, as the Local Authority Building Control Service, will inform the Registered Building Control Approver (RBCA) that the notice cannot be treated as a New initial Notice and cannot be accepted. We will not reject or use a form of words that suggests that the notice has been rejected, since this could lead to an appeal under section 55 of the Building Act 1984.

Moreover, we also cannot give a Form 6 – Notice of Invalid Notice or Certificate – unless the New Initial Notice relates to High-Risk Building work; or the work is outside the scope of the Registered Building Control Approver’s (RBCA) registration.

We might also want to consider informing the Registered Building Control Approver (RBCA) and person carrying out the work that the notice cannot be accepted where it cannot be considered to be a New Initial Notice and that if the Registered Building Control Approver (RBCA) gives a Transfer Certificate and Transfer Report, we are likely to reject the Transfer Certificate and Transfer Report under Ground 3 – No initial notice –  of Schedule 5 of the Registered Building Control Approver (RBCA) Regulations.

7.    Cases where a Cancellation Notice or Final Certificate has not been given, and the building has been occupied for more than 4 or 8 weeks.

In cases where a Cancellation Notice and/or a Final Certificate was/has not been given to us by Assent Building Control (in relation to any outstanding legacy Initial Notices), Oculus, or LBBC, then we , as the Local Authority Building Control Service will take the following steps:

• Inspecting the site to determine if any building work has started and, if it has, the stage it has reached.

• Where work has started or appears to be complete/occupied writing to the person carrying out the work – named jointly with Assent, Oculus or LBBC in the Initial Notice – explaining what has happened to Assent, Oculus and LBBC and that their Initial Notice has ceased to be in force. If Assent, Oculus or LBBC did not supply the name and address of the person carrying out the work in the IN, try to find these details.

• Discussing with the person carrying out the work that they might want to discuss the situation with somebody within the Assent Group where possible, and if they can assist them with sourcing a new Registered Building Control Approver (RBCA) to submit a new Initial Notice where the work has not been completed.

• Place a time limit on when we need to hear something back from the person carrying out the work. However, we won’t leave it too long as work might still be progressing.

• Where we hear nothing more within a reasonable period of time, writing again to inform the person carrying out the work that the work is treated as having reverted to us, as the Local Authority Building Control Service, and that they are required to provide as much information to you as possible regarding the design, the work carried out, and any records they can obtain from Assent, Oculus, or LBBC relating to plan and site inspection records. This information request could be treated as an RBCA (England) Reg 22.

• Informing the person carrying out the work that a failure to provide the information you need could result in an offence having been committed under section 52(4) of the Building Act 1984 and might result in enforcement action.

• Explaining that whilst the work must revert to us, as the Local Authority Building Control Service, you will have to consider how to prioritise the case and offer them an indication of how long it might take for us to consider the information/inspect the work. You might also need to explain that, if necessary, parts of the work that are covered over might need uncovering to demonstrate that the work complies with the Building Regulations.

• Pursuing enforcement action should you not receive information etc as required by RBCA (England) Reg 22.

8.    Offence of not cancelling an Initial Notice – by the person carrying out work

If we are contacted by Oculus or LBBC clients, then we will remind them that, where the Registered Building Control Approver (RBCA) has not cancelled the Initial Notice, it is an offence for them not to cancel the Initial Notice if they know that the Registered Building Control Approver (RBCA) cannot fulfil its Building Control function, especially if work is continuing without any inspections being carried out by Oculus or LBBC Registered Building Inspectors. It will then be a matter for the Clients/Duty Holders to decide if they wish to cancel the Initial Notice.

9.    Government guidance

The Government has published guidance on the different routes to cancellation (which will shortly be updated with additional information) that may be useful for inspectors to be aware of here: Building control practice guidance: Cancellation Notices, transfers and reversions - GOV.UK

Cancellation Form and Reversion Application Form

 A copy of our Reversion Application Form and supporting information can be accessed here:  https://www.lancaster.gov.uk/planning/building-control/apply-for-building-regulations-approval

Last updated: 10 November 2025