Registered building inspectors: professional misconduct and criminal offences
What happens when the Building Safety Regulator investigates a registered building inspector.
Applies to England and Wales
Investigations
If you’re 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 an RBI
- done something which is likely to bring the profession into disrepute
- contravened the RBI code of conduct for England or Wales
- committed a criminal offence under the Building Act 1984 or the Building Safety Act 2022
Investigations can be started following concerns raised by:
- BSR
- local authorities
- other RBIs
- registered building control approvers
- industry
- members of the public
- other regulators or bodies
Starting an investigation
If BSR decides 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 the investigation of building control professionals, it tells you how BSR plans, 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
BSR will 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, BSR will send you the disciplinary and sanctions procedure they follow to decide:
- if you have committed professional misconduct
- which sanctions to apply
If BSR decides 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
BSR can 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 by BSR. Information about how to appeal will be provided with the decision letter or email.
Financial penalties
BSR can 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
BSR can put limits or conditions on the work you are allowed to do as an RBI. The variation will be recorded on the RBI register.
Suspension of registration
BSR can suspend you from the register for up to 2 years. The suspension will be recorded on the RBI register.
You must not carry out restricted activities while you are suspended.
Cancellation of registration
BSR can cancel your registration and remove you from the RBI register. 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 an RBI, without being registered
- obstructing, deceiving or impersonating an authorised BSR officer
- giving false or misleading information to BSR
- failing to provide information as requested by an authorised BSR officer
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.