The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

• (ii) in paragraph (b), the words “(otherwise than” to in “that paragraph)” were omitted;

• (iii) in paragraph (c), the words “otherwise than in consequence” to “notice relates” were omitted;

• (b) in subsection (3), for the words “within the prescribed time and in the prescribed manner” there were substituted “in accordance with regulation 12 of the Town and Country Planning General Regulations 1992[^f00017]”.

Modification of section 188 (Register of enforcement and stop notices)

17

Section 188 applies to enforcement action taken under these Regulations as if the references in that section—

• (a) to planning enforcement orders included a reference to planning enforcement orders issued under these Regulations;

• (b) to enforcement notices included a reference to enforcement notices issued under these Regulations;

• (c) to stop notices included a reference to stop notices issued under these Regulations.

Signed

Lee Rowley — Parliamentary Under Secretary of State — Department for Levelling Up, Housing and Communities — 3rd July 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These regulations establish the Responsible Actors Scheme (“the scheme”) and the prohibitions under the Act. They identify certain developers who are eligible to become members of the scheme, and, as a condition of membership, require such developers to enter into and comply with a contract with the Secretary of State for Levelling Up, Housing and Communities under which they are to, among other things, remediate relevant residential buildings for which they are responsible at their own expense and reimburse to the government amounts paid out by government remediation funds to remediate buildings for which they are responsible.

Part 1 (regulations 1 to 4) contains introductory provisions.

Part 2, Chapter 1 (regulations 5 to 12) establishes the scheme, sets out the description of the persons who are eligible to become members of the scheme, and those who may choose to become members of the scheme.

Chapter 2 (regulations 13 to 20) makes provision for applications to join the scheme and for lists to be published by the Secretary of State. The Secretary of State is required to publish two lists: a list of the persons who are members of the scheme, and a list of those persons who, though eligible, are not members of the scheme, and the persons whom they control (“the prohibitions list”) (regulation 20).

Chapter 3 (regulations 21 to 23) sets out the conditions with which members of the scheme must comply and gives the Secretary of State power to require scheme members to produce certain information.

Chapter 4 (regulations 24 to 27) makes provision for the revocation of a member’s membership of the scheme and for a member’s membership to end where the member has fulfilled its obligations under the scheme.

Part 3 (regulations 28 to 42), with the Schedule to the regulations, set out the consequences which apply to those persons who are included on the prohibitions list. They are prohibited from carrying out major development in England (regulation 29), except for development for which planning permission has been granted before the regulations come into force (regulation 32). They are required to notify the relevant local authority of certain circumstances (regulation 30). Persons on the prohibitions list are also subject to the building control prohibitions set out in regulation 33. The effect of things done in contravention of the building control prohibitions (regulation 39) and the effect of the prohibitions on the validity of documents given or accepted in relation to building control before a person was prohibited is set out (regulation 40). Regulation 41 and the Schedule to the regulations modify Part 7 of the Town and Country Planning Act 1990 to take account of the prohibition on development provided for in these regulations. The prohibitions are subject to certain exceptions (regulations 31, 34, 35, 36, 37, 38 and 42).

Part 4 contains a review clause (regulation 43).

A copy of the International Accounting Standard 28 Investments in Associates and Joint Ventures the Financial Reporting Standard 102 and the Self Remediation Terms, which are referred to in these regulations, are available for inspection during office hours at the Department for Levelling Up, Housing and Communities Environment, 2 Marsham Street, London, SW1P 4DF. The Self Remediation Terms are also available at https://www.gov.uk/government/publications/developer-remediation-contract.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from www.legislation.gov.uk and from the Department for Levelling Up, Housing and Communities, 2 Marsham Street, London, SW1P 4DF.

Footnotes

[^f00001]: 2022 c. 30.

[^f00002]: 2006 c. 46.

[^f00003]: 1986 c. 45.

[^f00004]: 2006 c. 46.

[^f00005]: 2022 c. 3.

[^f00006]: 2006 c. 46.

[^f00007]: S.I. 2015/595, as read with the definition of “development” in section 55 of the Town and Country Planning Act 1990 (c. 8).

[^f00008]: 1990 c. 8. Section 173ZA was inserted by section 43(2) of Planning (Wales) Act 2015 (anaw 4). Section 187A was inserted by section 2 of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”). Section 189 was amended by paragraph 11 of Schedule 1 to the 1991 Act. Section 190 was amended by Part I of Schedule 19 to the 1991 Act. Sections 191 to 194 were substituted by section 10(1) of the 1991 Act; section 191 was amended by section 124(3) of the Localism Act 2011 (c. 20). Section 195 was amended by section 32 of the 1991 Act, section 241(3)(4) of the Planning Act 2008 (c. 29) and S.I. 2014/2773. Section 196 was amended by paragraph 33 of Schedule 7 to the 1991 Act. There are other amendments to this Part which are not relevant to this instrument.

[^f00009]: 1990 c. 8. Section 173ZA was inserted by section 43(2) of Planning (Wales) Act 2015 (anaw 4). Section 187A was inserted by section 2 of the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”). Section 189 was amended by paragraph 11 of Schedule 1 to the 1991 Act. Section 190 was amended by Part I of Schedule 19 to the 1991 Act. Sections 191 to 194 were substituted by section 10(1) of the 1991 Act; section 191 was amended by section 124(3) of the Localism Act 2011 (c. 20). Section 195 was amended by section 32 of the 1991 Act, section 241(3)(4) of the Planning Act 2008 (c. 29) and S.I. 2014/2773. Section 196 was amended by paragraph 33 of Schedule 7 to the 1991 Act. There are other amendments to this Part which are not relevant to this instrument.

[^f00010]: Section 171A was inserted by section 4(1) of the 1991 Act.

[^f00011]: Section 171E to 171H were inserted by section 52 of the Planning and Compulsory Purchase Act 2004 (c. 5). Section 171G was also amended by S.I. 2015/664. There are other amendments to these sections which are not relevant to this instrument.

[^f00012]: Section 174 has been amended by section 61 of the 1991 Act, S.I. 2003/956, section 123(4) of the Localism Act 2011, paragraph 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^f00013]: S.I. 2002/2686.

[^f00014]: S.I. 2002/2685.

[^f00015]: S.I. 2002/2684.

[^f00016]: S.I. 2002/2683.

[^f00017]: S.I. 1992/1492. Regulation 12 was amended by S.I. 1996/525.

Editorial notes

[^key-00ca42dbc0d4c2cc5c5a55cefb947f60]: Reg. 43 in force at 4.7.2023, see reg. 1(1)

[^key-02382f04bf3f1d0e9444ad1e27d25908]: Reg. 15 in force at 4.7.2023, see reg. 1(1)

[^key-032feb38daa72e4bb9d56a9e5b5fc20d]: Reg. 3 in force at 4.7.2023, see reg. 1(1)

[^key-05f43edc4d11981ab9334d3abdb2ba79]: Reg. 22 in force at 4.7.2023, see reg. 1(1)

[^key-12de32f9f021a08a4e1053d2b99cd474]: Reg. 37(4) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(6)(b) (with Sch. 3 Pt. 1)

[^key-15b978bb032b4af13444cb198ac8648f]: Reg. 30 in force at 4.7.2023, see reg. 1(1)

[^key-16c8deb6466a444ca6d97acbcd75f414]: Reg. 35 in force at 4.7.2023, see reg. 1(1)

[^key-17a4ec7f21656753906dc81a8b21881c]: Reg. 33(6)(ba) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(2)(c)(i) (with Sch. 3 Pt. 1)

[^key-18afd3f4fe804c7d397bb50c59e5d36f]: Sch. para. 7 in force at 4.7.2023, see reg. 1(1)

[^key-1b47b93dd5db643cfad1420a37af4653]: Reg. 23 in force at 4.7.2023, see reg. 1(1)

[^key-1e267ade345efc965151dfff662ddea8]: Reg. 33(6)(ca) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(2)(c)(ii) (with Sch. 3 Pt. 1)

[^key-205242af11cd22f6ce7575fdef871d80]: Reg. 34(3) inserted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(2)(b) (with regs. 22-24)

[^key-21df42bbaf73007e6d53cbf5243a4bce]: Reg. 39 in force at 4.7.2023, see reg. 1(1)

[^key-243aa850bde9d335a6611aa83477d7d3]: Reg. 18 in force at 4.7.2023, see reg. 1(1)

[^key-247236f11d39f67315c8b15b1d163bfd]: Sch. para. 9 in force at 4.7.2023, see reg. 1(1)

[^key-28f20d4162e25982516d01efc87efdd5]: Words in reg. 36(1)(a) substituted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(4)(a) (with regs. 22-24)

[^key-296ec3c41ca2d73faa31ae9ecf970f1b]: Sch. para. 5 in force at 4.7.2023, see reg. 1(1)

[^key-2d4749e7b055f4fd1da9e269e7ab3fd2]: Sch. para. 4 in force at 4.7.2023, see reg. 1(1)

[^key-31764eaae02f458a44f7f386e4e92c22]: Sch. para. 3 in force at 4.7.2023, see reg. 1(1)

[^key-36f10c69b59cfed25d921a03a50ca66d]: Reg. 33(4)(ea) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(2)(b)(i) (with Sch. 3 Pt. 1)

[^key-38c81de4f2f373ed1ac85d1bfa8def30]: Reg. 16 in force at 4.7.2023, see reg. 1(1)

[^key-3a186de5eee39a9d9c368d16848fbfc6]: Words in reg. 35(5) substituted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(3)(c) (with regs. 22-24)

[^key-3d22710720fb21edd51f7e852c983d2a]: Reg. 29 in force at 4.7.2023, see reg. 1(1)

[^key-3d9abb795401cf5d90ff844890dec29b]: Reg. 8 in force at 4.7.2023, see reg. 1(1)

[^key-45532d6174342b059113af03128fb4e7]: Reg. 12 in force at 4.7.2023, see reg. 1(1)

[^key-45b418eed37e89c9e62331c903c5c97c]: Sch. para. 6 in force at 4.7.2023, see reg. 1(1)

[^key-49d9821b7d6060649cd5bc5b890c84ce]: Reg. 37(2A) inserted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(5)(b) (with regs. 22-24)

[^key-4f23d4eb9964bd1b993b3721a8e1cbba]: Reg. 35(4)(a)(ia) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(4)(a)(i) (with Sch. 3 Pt. 1)

[^key-4f556426691831b3ae51a0c34e28cb0b]: Sch. para. 11 in force at 4.7.2023, see reg. 1(1)

[^key-54065db802c97b19b9fa74992fa35aa5]: Reg. 27 in force at 4.7.2023, see reg. 1(1)

[^key-57b040d830e7af8cbfb4e2673c75bf3d]: Sch. para. 8 in force at 4.7.2023, see reg. 1(1)

[^key-5a9bcd2aadec8088a8590b0057dfeabd]: Reg. 36(7) inserted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(4)(b) (with regs. 22-24)

[^key-5b6e21dde24a539330cdafe3bac8fac7]: Reg. 33(4)(fa) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(2)(b)(ii) (with Sch. 3 Pt. 1)

[^key-5ccb0db9225c67814266c92346634be6]: Sch. para. 13 in force at 4.7.2023, see reg. 1(1)

[^key-5ecd816b9186cafb3e68abaf2bed4b8b]: Reg. 4 in force at 4.7.2023, see reg. 1(1)

[^key-6022e468cfdda6dfbe22761da8eea9e6]: Sch. para. 1 in force at 4.7.2023, see reg. 1(1)

[^key-60b5ccad9f2af9d07163dff447e1a74d]: Reg. 26 in force at 4.7.2023, see reg. 1(1)

[^key-63d1f4f9cff213020517727ed21ce3ab]: Reg. 37 in force at 4.7.2023, see reg. 1(1)

[^key-63f16ca6a9e3968d8e1ecf5fc1944159]: Reg. 19 in force at 4.7.2023, see reg. 1(1)

[^key-6ca2bf11cf57fe44d7906cb096b9674a]: Sch. para. 16 in force at 4.7.2023, see reg. 1(1)

[^key-6e3decb23f837fdc0f18cd87287fc6a5]: Sch. para. 14 in force at 4.7.2023, see reg. 1(1)

[^key-6e8531d6405fe6428dcaf6bddd39e3a2]: Reg. 5 in force at 4.7.2023, see reg. 1(1)

[^key-7bf4b685706e2a3928bdc48359022593]: Reg. 36(1)(aa) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(5) (with Sch. 3 Pt. 1)

[^key-7e1b772b33ec01c05cf05a87b6c1a50a]: Reg. 35(4)(a)(iia) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(4)(a)(ii) (with Sch. 3 Pt. 1)

[^key-80416ee971e98cabbb922bc0ccb0216c]: Reg. 14 in force at 4.7.2023, see reg. 1(1)

[^key-81fea6738d7238932fdd073d2a28b38d]: Sch. para. 12 in force at 4.7.2023, see reg. 1(1)

[^key-826a05f4545fa959d032d3d6c8af74f1]: Reg. 28 in force at 4.7.2023, see reg. 1(1)

[^key-82fef2d54a5105d57a67d53e6c380cc5]: Reg. 32 in force at 4.7.2023, see reg. 1(1)

[^key-83012951c2c89852fa5b86321b3852bd]: Reg. 36 in force at 4.7.2023, see reg. 1(1)

[^key-867d8061876cac6c43f6dd42f8f365a8]: Reg. 35(2A) inserted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(3)(b) (with regs. 22-24)

[^key-88d08ac0505fe892ea6091acf8427e14]: Sch. para. 15 in force at 4.7.2023, see reg. 1(1)

[^key-8a45cc9816b560d062e3671580cdab95]: Reg. 35(5A) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(4)(b) (with Sch. 3 Pt. 1)

[^key-8bb1bc821064798935b5647c7f1d857e]: Words in reg. 34(2)(b) substituted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(2)(a) (with regs. 22-24)

[^key-8ce377d65d63ef4c7a1f470cc4994eb2]: Reg. 10 in force at 4.7.2023, see reg. 1(1)

[^key-8eeeaf2d67624672d1a81c8499744e6d]: Reg. 7 in force at 4.7.2023, see reg. 1(1)

[^key-93982cab3bc0c0e77bd8c8357d846248]: Reg. 38 in force at 4.7.2023, see reg. 1(1)

[^key-93df4cb193c726b1c67ddb022dd0091b]: Reg. 34 in force at 4.7.2023, see reg. 1(1)

[^key-940a0c0146c7ce24fb2b6d76ecbba90f]: Reg. 33 in force at 4.7.2023, see reg. 1(1)

[^key-9778fed6ca2547fefd347e5832feb3e3]: Words in reg. 37(1) substituted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(5)(a) (with regs. 22-24)

[^key-97ce089f093bdff647a3adc3aa56eca6]: Reg. 2 in force at 4.7.2023, see reg. 1(1)

[^key-9ebc387efac20c1c5ecbab36489828a5]: Reg. 33(8)(h) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(2)(d)(ii) (with Sch. 3 Pt. 1)

[^key-a4aa70a040e784df6ca6147b98f918ea]: Reg. 33(6)(g) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(2)(c)(iii) (with Sch. 3 Pt. 1)

[^key-a8b8f0784f2f8f2a2f87e73de63861f3]: Sch. para. 17 in force at 4.7.2023, see reg. 1(1)

[^key-b2d0528267e933a081af6662e35645bb]: Reg. 33(8)(fa) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(2)(d)(i) (with Sch. 3 Pt. 1)

[^key-b5313e3f112fba7805d2abc157a3f63f]: Reg. 9 in force at 4.7.2023, see reg. 1(1)

[^key-bb757687527713e4130c264cd80d074d]: Reg. 20 in force at 4.7.2023, see reg. 1(1)

[^key-bd7716e1192f53a374d71baa9513f4b8]: Reg. 6 in force at 4.7.2023, see reg. 1(1)

[^key-bedb2f721513a1d49cd9e6604608483e]: Reg. 34A inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(3) (with Sch. 3 Pt. 1)

[^key-c264064d67dfd51af147d778284c772f]: Sch. para. 10 in force at 4.7.2023, see reg. 1(1)

[^key-c5a49adbe897a9d3037de0e512659fc9]: Reg. 25 in force at 4.7.2023, see reg. 1(1)

[^key-c8c86ae3ddc21d784cb0091c7816206b]: Reg. 11 in force at 4.7.2023, see reg. 1(1)

[^key-c937074d235fd31b2acf8846fdf7bb87]: Reg. 21 in force at 4.7.2023, see reg. 1(1)

[^key-c9cd957dc7a6409c2fca0e6f9cbff046]: Reg. 37(1A) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(6)(a) (with Sch. 3 Pt. 1)

[^key-d186b8546b8616636eb3a5105ac329f6]: Reg. 13 in force at 4.7.2023, see reg. 1(1)

[^key-d2b962f76565a7da6364b606bce1d3dd]: Reg. 24 in force at 4.7.2023, see reg. 1(1)

[^key-da2a941f6bcaa17bdbeef4ebd62e9219]: Sch. para. 2 in force at 4.7.2023, see reg. 1(1)

[^key-dbff259d8cb06b401b015f9a384e3b3f]: Reg. 42 in force at 4.7.2023, see reg. 1(1)

[^key-e3a164ab630e7c4989bf31441250c7fd]: Reg. 1 in force at 4.7.2023, see reg. 1(1)

[^key-e5505484caaa00c1f0fe6d2191f29184]: Word in reg. 33(2) inserted (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 65(2)(a) (with Sch. 3 Pt. 1)

[^key-e60939619793478cbd75c0185cbed122]: Reg. 40 in force at 4.7.2023, see reg. 1(1)

[^key-e6f468b0cda3e3bd14b3faeb2b72690c]: Reg. 17 in force at 4.7.2023, see reg. 1(1)

[^key-e8635380805610219c91b351c2201e74]: Words in reg. 35(7) inserted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(3)(d) (with regs. 22-24)

[^key-e93653acbb515c6be76306609172c398]: Reg. 31 in force at 4.7.2023, see reg. 1(1)

[^key-ebb97a297af642c2c6b11542a1e89fa0]: Reg. 41 in force at 4.7.2023, see reg. 1(1)

[^key-f2a1459ebefa2914c4ee3d780fd36b5f]: Reg. 35(1)(aa) inserted (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 21(3)(a) (with regs. 22-24)

[^key-c1adf40753c9cc727ecc0ef7584f77db]: Sch. para. 1(vii) inserted (25.4.2024) by The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024 (S.I. 2024/453), regs. 1(2), 4(2)(a)

[^key-613ab2699e8c3c0717a1f820fca60e62]: Sch. para. 9(b) substituted (25.4.2024) by The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024 (S.I. 2024/453), regs. 1(2), 4(2)(b)

34A

• (1) Where an applicable person proposes to carry out work to existing HRB which consists of emergency repairs then—

• (a) the provision by them of a notice under regulation 10(1)(a) (notification of emergency repairs to existing HRB) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, and

• (b) an application for a certificate in relation to that work under regulation 47 (regularisation of unauthorised building work) of those Regulations,

are not to be treated as a breach of the building control prohibition.

• (2) Where paragraph (1) applies, the regulator is not prohibited from giving the applicable person a certificate under regulation 47 (regularisation of unauthorised building work) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.

• (3) In this regulation—

• “emergency repairs” has the meaning given in regulation 10(2) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023;

• “the regulator” has the meaning in section 126 of the Building Act 1984;

• “work to existing HRB” has the meaning given in regulation 2 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023.

Exception to building control prohibitions and modification of the Building Regulations 2010: regularisation

Exception for critical national infrastructure

Effect of things done in contravention of these Regulations

Transitional provision