The Health and Safety Executive (HSE) has released new guidance for registered building inspectors (RBIs) regarding professional misconduct and criminal offences.

Applying to England and Wales, the Building Safety Regulator (BSR) has the power to investigate an RBI and implement an interim suspension of up to three months if the following concerns are raised:

• The RBI has not met the standards of conduct and practice expected of an RBI
• The RBI has done something that is likely to bring the profession into dispute
• The RBI has contravened the RBI code of conduct for England or Wales
• The RBI has committed a criminal offence under the Building Act 1984 or the Building Safety Act 2022.

According to the HSE, an RBI can be placed under investigation if concerns have been raised by the BSR itself, local authorities, other RBIs, registered building control approvers, industry, members of the public, or other regulators or bodies.

Disciplinary action and sanctions can also apply if the BSR believes an RBI has committed professional misconduct, resulting in financial penalties of up to £10,000 or changes to registration, including suspension or cancellation.

Criminal offences can also apply if an RBI is found to have given advice or acted outside the scope of their registration; have deliberately done anything that implies work is within the scope of their registration when it is not; acted as or implied they are an RBI without being registered; obstructed, deceived, or impersonated an authorised BSR officer; given false or misleading information to the BSR; or failed to provide information as requested by an authorised BSR officer. Evidence of a criminal offence can potentially lead to a prosecution.

The full guidance from the HSE is available here.