From 1 October 2023 significant new updates to the Building Regulations legislation have come into effect, which introduce changes to the Building Regulations application process, and impose dutyholder responsibilities on applicants, agents, and builders.
Key Changes
Please note - These changes apply to all building projects covered by the Building Regulations 2010, not just higher-risk buildings (HRBs).
The overall responsibility to show compliance with the Building Regulations
Responsibility lies with the Client, the Principal Designer, and the Principal Contractor.
Emphasis on Competence
- It is important that all involved in a project have the ‘appropriate skills, knowledge and behaviours’.
- Persons undertaking design, construction and refurbishment work must be competent for their role.
- Organisations must have appropriate capability -management policies, procedures, systems and resources – to fulfil their roles
- Anyone who appoints a person or organisation has a legal duty to ensure they are competent.
New duty holder roles and responsibilities
These are specified in the regulations for individuals involved in procuring, planning, designing, managing, and executing building projects. The goal is to place a stronger emphasis on complying with regulations for both design and construction work.
- the applicant is now referred to as the ‘Client’, this includes Domestic Clients
- an agent is now referred to as the ‘Principal Designer’
- a builder is now referred to as the ‘Principal Contractor’
For further information see dutyholder requirements page [INSERT LINK]
Changes to submitting an application
Additional information is required to enable your application to be validated, including contact details for dutyholders and information about the project.
A new definition of ‘commencement’ of work for existing and new buildings
For new buildings and extensions this would usually be the date at which the foundations and ground floor structure is complete, or for other works a date and description of a point where 15% of the work is due to be complete.
Notification of starting work and commencement
You must notify building control when you start work on-site so we can carry out the necessary inspections. You must also notify us when works are ‘deemed commenced’ – for buildings and extensions this is when the foundations are constructed, and the structure of the lowest floor level is complete. For all other works, where 15% of the overall work has been constructed. For further information see Commencing work page [INSERT LINK].
Notice of completion
A notice of completion must be submitted to us within 5 days of the work being completed. A template for this notice will be provided once your application is registered. For further information see Completing work & obtaining a certificate page [INSERT LINK].
An automatic lapse of building control approval
for projects that do not meet the definition of commencement within three years from when the building control approval was granted.
Changes to enforcement for all buildings
The Building Safety Act 2022 strengthens enforcement of building regulation breaches and enables local authorities and the Building Safety Regulator to issue compliance and stop notices where building regulations have been breached. Compliance notices will require specified remedial action by a set date.
The introduction of a new Building Control regime for Higher Risk Buildings (HRBs)
Building Regulations applications for building, extending or altering residential buildings, including care homes and hospitals over 18m or 7 storeys high, must now be made directly to the Building Safety Regulator (BSR) and can no longer be submitted to local authority or private sector building control.