Of all the people, I would have thought you would have understood the regs. Clearly not
No, I'm not going to explain it to you - I have more productive things to do.
Oh look - another member of the "I'll give a false reason for not being willing to answer a question" club started by Bernard.
Please cite or write a definition. As we all know, the regs don't work with "everyday terms" in many cases - and this is one of them.
I can't cite a definition, because there isn't one.
And if there isn't a definition, which in effect would say "In these regulations the term '
person carrying out the work' means....", then the term can only mean what it actually means in everyday English.
Nothing else makes any sense, unless you think that it makes sense for everybody to decide for themselves what terms mean, and then carry on as if that it what the regulations actually say.
I guess you do think that, since you have asked me to write a definition.
Utterly deranged.
What is it with some people? Why are they driven to "interpret" the regulations because they simply will not accept the obvious meaning of everyday words and phrases? What is wrong with them, such that they look at a phrase with an obvious everyday meaning, which has not had that meaning overridden by a definition, and think "
I don't like that obvious everyday meaning, thank god it's not been otherwise defined, because that allows me to invent my own meaning with which I am happier?"
Example:
A person decides to have an extension built. He's lucky to know a few mates who will help him out for beer tokens and conveniently have access to useful tools and equipment - none of them are members of approved schemes (not that this matters). Actually, it's good that he has these mates, as he's not very well and can't do much himself.
So he notifies for building regs for the whole project and then his mates get to work while he does what he can and keeps the kettle going.
1st mate comes with his mini digger and digs out the trenches for the footings - and the BC guy has a quick look and declares them deep enough etc. Who "carries out" the digging work ? Who notified the work ?
Then 1st mate along with some others mix and pour some concrete in the trenches. Who "carried out" the work ? Who notified it ?
Now 2nd mate is a bit of a bricky, not his full time job, but he's not too bad at it, and he starts building the walls. Who is carrying out the work ? Who notified it ?
The people who carried out the work carried out the work. That's the way that verbs work.
And there's no reason why their responsibility to notify cannot be discharged via their customer.
The regs make complete sense if the definition of "person carrying out the work" is along the lines of "the person commissioning the work, or where appropriate, his nominated contractor".
But
it
isn't.
There are people, and you are one, who seem to think that if reality is not how they wish it were, then all they have to do is to keep pretending that it's how they want it to be and keep acting as if it were how they want it to be, and that will change reality.
It won't.
The definition is
not along the lines of "
the person commissioning the work, or where appropriate, his nominated contractor", and you deciding that that is what it should be will not make it so.
If we stick with "everyday language", it's quite common for people to talk in terms of "someone is doing something" when in fact the "someone" is not the person with the tools in their hand, but the "someone" commissioning the work from others who are actually doing it.
Notice of commencement and completion of certain stages of work
16. - (2) Subject to paragraph (8), a person commissioning building work from others who are actually doing it shall not—
(a)cover up any excavation for a foundation, any foundation, any damp-proof course or any concrete or other material laid over a site; or.
(b)cover up in any way any drain or sewer to which these Regulations apply, unless that person has given the local authority notice of intention to commence that work, and at least one day has elapsed since the end of the day on which the notice was given..
CO2 emission rate calculations
27. —(1) This regulation applies where a building is erected and regulation 26 applies.
(2) Not later than the day before the work starts, the person commissioning building work from others who are actually doing shall give the local authority a notice which specifies—
(a)the target CO2 emission rate for the building,.
(b)the calculated CO2 emission rate for the building as designed, and.
(c)a list of specifications to which the building is to be constructed..
(3) Not later than five days after the work has been completed, the person carrying out the work shall give the local authority—
(a)a notice which specifies—.
(i)the target CO2 emission rate for the building,.
(ii)the calculated CO2 emission rate for the building as constructed, and.
(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or.
(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a)..
Poor old householder has got to learn an awful lot of stuff these days before he can get the builders in, it seems.
Still - at least he shouldn't get into any arguments when he also gives an energy performance certificate...
... to himself ...
Energy performance certificates
29. — mechanical ventilation..
(2) The person commissioning building work from others who are actually doing shall—
(a)give an energy performance certificate for the building to the owner of the building;
And just think of how much money all these electricians, plumbers, window installers etc have thrown away over the years taking out totally unnecessary membership of various Competent Person schemes, because it's the householder who has to be a member, not them:
Provisions applicable to self-certification schemes
20. —(1) This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3 and the work is commissioned by a person who is described in the corresponding entry in column 2 of that Table in respect of that type of work.
And there he goes again, giving a certificate to himself...
(3) Where this regulation applies, the person commissioning building work from others who are actually doing shall, not more than 30 days after the completion of the work—
(a)give to the occupier a copy of the certificate referred to in paragraph (2);
But here you are again, arguing that black is white because you can't accept something that doesn't fit with your personal definition du jour.
It is not I who is trying to pretend that a term with a clear everyday meaning means something other than that because it doesn't fit with their personal definition.
Have you ever read the Guide to the Building Regulations? Presuming that you accept that the requirement to notify is
a building regulation, then the information on who is responsible for complying with the regulations must apply to that as well.
If you think that the Building Regulations should define the term as "the person commissioning the work, or where appropriate, his nominated contractor" then lobby the appropriate people to get it change.
You cannot bring about the change by pretending that it has already happened and acting accordingly.
Unless and until it is changed it remains as it is, no matter how much you wish it were otherwise.