Commencement of work: new definition
From 1 October 2023, the Building Safety Act 2022 (Commencement No.5 and Transitional Provisions) Regulations 2023 commenced amendments to the Building Act 1984. These amendments mean that building control approval on new building work lapses automatically after three years in respect of any work which has not commenced. This applies for work overseen by a local authority, private sector building control or the Regulator.
The Building Regulations etc. (Amendment) (England) Regulations 2023 introduce a new definition of ‘commencement’ of building work for existing and new buildings. This definition of commencement of work must be satisfied within three years of the application for building control approval being submitted to the building control authority. It will be incumbent upon building control bodies to monitor and scrutinise whether the definition of commencement has been satisfied.
For complex buildings
Work is to be regarded as commenced when the foundations supporting the building and the structure of the lowest floor level of that building (but not the other buildings or structures to be supported by those foundations) are completed. A complex building is prescribed in the regulations as a building constructed on the same shared foundation plinth or podium as any other building or structure; a building with more than one storey below ground level or a building where its proposed use is primarily that of a public building with capacity for 100 or more visitors. We expect the person making the building control application to demonstrate to the building control body their methodology for calculating capacity when submitting their application.
Where the work consists of a building that is not complex
Work is to be regarded as commenced when the sub-surface structure of the building or the extension including all foundations, basement level (if any) and the structure of ground floor level is completed.
Where the work consists of any other building work
Work is to be regarded as commenced when 15% of the proposed work is completed. As outlined above, dutyholders must set out in their application for the building control body to assess, what they consider constitutes 15%.
Notifying when work starts on site and when work is commenced
Under the current building control process a notification is only required when work is commenced, in line with the approach to commencement identified in guidance. In recognition of the more stringent definition of commencement in the new regime, dutyholders are required to notify the relevant building control body twice.
A notification must be submitted to the relevant building control body at least two working days before dutyholders intend to start work. This time limit applies for non-higher-risk buildings but is extended to five working days for higher-risk buildings. A further notification must be submitted no more than five working days after the work has satisfied the new definition of the commencement of work. Should the building control authority not be satisfied the work is regarded as commenced, it can issue a rejection notice within four weeks of the date the commencement notice is given. The rejection notice must include the reason for rejection.
You can notify us of commencement by emailing building.control@cherwell-dc.gov.uk