The Building Regulations etc. (Amendment) (England) Regulations 2023

(2) The person carrying out the work must give fire safety information to the responsible person no later than— (a) where the building, proposed building or extension to which the building work relates is not occupied during the building work, the date of completion of the work or the date of occupation of the building or the extension, whichever is the earlier; (b) in any other case, the date of completion of the work. (2A) The responsible person must give the person carrying out the work a notice acknowledging receipt of the fire safety information and confirming the information provided is sufficient to enable them to understand, operate and maintain the building (and the fire safety systems in it) after the building work in question. (2B) Subject to paragraph (2D), the person carrying out the work must give a notice to the relevant authority— (a) confirming that they have given the fire safety information to the responsible person pursuant to paragraph (2), and (b) stating that they have received the notice from the responsible person pursuant to paragraph (2A) or where they have not received the notice, stating the steps taken to obtain the notice from the responsible person and the dates they were taken. (2C) The notification under paragraph (2B) must be given no later than— (a) where regulation 20 (provisions applicable to self-certification schemes) applies to the work, 30 days after the date referred to in paragraph (2), (b) in any other case, five days after the date referred to in paragraph (2). (2D) Paragraphs (2B) and (2C) do not apply where regulation 20A (provisions applicable to third party certification schemes) applies to the work and instead paragraphs (2E) to (2G) apply. (2E) Where this paragraph applies, the person carrying out the work must notify the third party certifier appointed under regulation 12(6)(c)— (a) confirming that they have given the fire safety information to the responsible person pursuant to paragraph (2), and (b) stating that they have received the notice from the responsible person pursuant to paragraph (2A) or where they have not received the notice, stating the steps taken to obtain the notice from the responsible person and the dates they were taken. (2F) The notification under paragraph (2E) must be given no later than seven days after the date referred to in paragraph (2). (2G) Within 30 days of receiving the notification under paragraph (2E) the third party certifier appointed under regulation 12(6)(c) must notify the relevant authority confirming receipt of the notification under paragraph (2E).

• (2) In regulation 17 (completion certificates), in paragraph (1) for “it, a building complies with the relevant provisions” substitute “a building, the relevant provisions have been complied with in relation to the building”.

• (3) In regulation 17A (certificate for building occupied before work is completed), in sub-paragraph (1)(c) for “those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1” substitute “regulation 38 and Part B of Schedule 1 are currently complied with in relation to those parts of the building which are to be occupied before completion of the work”.

Amendments relating to commencement of section 33 of the Building Act 1984

14

• (1) In regulation 19 of the 2010 Regulations—

• (a) in paragraph (1), omit “, 45 (testing of building work) and 46 (sampling material)”;

• (b) omit paragraph (2).

• (2) Omit regulations 45 and 46 of the 2010 Regulations.

Starting on site and commencement of work

15

• (1) In regulation 16 of the 2010 Regulations—

• (a) for the heading substitute “Notices in relation to building work”;

• (b) in paragraph (1)—

• (i) for “commence that work” substitute “start that work”;

• (ii) for “commence work” substitute “start work”;

• (c) in paragraph (3) for “commence building work” substitute “start work”;

• (d) after paragraph (3B) insert—

(3C) Not more than five days after the day on which work is to be regarded as commenced the person carrying out the work must give a notice to that effect to the relevant authority. (3D) The relevant authority may take such steps, including— (a) requiring information; (b) laying open of work for inspection, as the authority thinks appropriate to check whether the work is to be regarded as commenced. (3E) If the relevant authority are not satisfied the work is to be regarded as commenced they must give the person carrying out the work a notice to that effect (“rejection notice”) within four weeks of the date the notice under paragraph (3C) is given, and the rejection notice must give the reasons for rejection. (3F) Where a notice is given under paragraph (3C) and the period referred to in paragraph (3E) expires without a rejection notice being given, then the work is to be regarded as commenced. (3G) If the person carrying out the work accepts the rejection notice they may not give a further notice under paragraph (3C) unless, having regard to the reasons given by the relevant authority, they are satisfied the work is to be regarded as commenced. (3H) A person who gave the notice under paragraph (3C) may appeal to the First-tier Tribunal against the decision of the relevant authority to reject the notice provided the appeal is made within 21 relevant days beginning with the day after the day on which the relevant authority gives the rejection notice. (3I) The First-tier Tribunal may allow an appeal under paragraph (3H) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the decision was unreasonable; or (d) that the decision was made without following the procedures set out in the Act or regulations made under that Act. (3J) For the purposes of paragraphs (3C) to (3I) the provisions of regulation 46A (lapse of building control approval: commencement of work) apply to determine whether work is to be regarded as commenced.

• (2) After regulation 46 of the 2010 Regulations insert—

(46A) (1) For the purposes of section 32(6) of the Act (lapse of building control approval) work is to be regarded as commenced in accordance with the following paragraphs. (2) Where the work consists of the construction of a complex building, work is to be regarded as commenced in relation to that building or the first stage of building work for that building 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. (3) Where the work consists of— (a) the construction of a building and paragraph (2) does not apply; or (b) horizontal extension of a building, work is to be regarded as commenced when the sub-surface structure of the building or the extension including all foundations, any basement level (if any) and the structure of ground floor level is completed. (4) Where the work consists of any other building work then work is to be regarded as commenced, where a statement under— (a) regulation 14(1)(f)(vii), or (b) regulation 12(1)(e)(viii) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, sets outs details of the work which the client considers amounts to 15% of the proposed work, when the work detailed in the statement is completed. (5) In this regulation— - “approved plans” means plans which were part of or accompanied the application for building control approval with full plans of the building work and which was granted building control approval, or plans approved under a requirement imposed on such an approval; - “complex building” means— a building which is to be constructed on the same foundation plinth or podium as any other building or structure; a building which has more than one storey below ground level; a building where it is proposed use is primarily as a public building where the public or a section of the public has access to the building (whether or not on payment) provided that the building has a capacity for 100 or more visitors; - “public building” means— a shop or shopping centre, premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall; a stadium, theatre, cinema, concert hall; a sports ground; an exhibition hall or conference centre; a hospital or premises for the provision of health care.

Enforcement provisions

16

• (1) In regulation 47, for sub-paragraph (a) substitute—

(a) (i) regulation 14A (determination of applications for building control approval with full plans), (ii) regulation 15A (consultation in relation fire safety), (iii) regulation 16(3D) (notice as to commencement of work), (iv) regulation 17 (completion certificates), (v) regulation 17A (certificate for building occupied before work is completed), (vi) regulation 18(6A) (appeal against refuse to grant certain certificates), (vii) regulation 18E(8) and (12) (appeals under section 101A of the Act), (viii) regulation 19C(2) (regulator’s notices: grounds for rejection), (ix) regulation 19E (regulator’s notices: direction), (x) regulation 20(6A) (provisions applicable to self-certification schemes), (xi) regulation 20A(7A) (provisions applicable to third party certification schemes), (xii) regulation 25A(3A) (consideration of high-efficiency alternative systems for new buildings), (xiii) regulation 27(4A) (CO₂ emission rate calculations), (xiv) regulation 27A(4A) (fabric energy efficiency rate calculations), (xv) regulation 27C(4A) (target primary energy rate calculations for new buildings), (xvi) regulation 37(3) (wholesome water consumption calculation), (xvii) regulation 41(3A) (sound insulation testing), (xviii) regulation 42(4) (mechanical ventilation air flow rate testing), (xix) regulation 43(6) (pressure testing), (xx) regulation 44(5) (commissioning), (xxi) regulation 44ZA(4) (commissioning in respect of a system for on-site electricity generation), (xxii) regulation 47B (compliance notices: contents), (xxiii) regulation 47C (stop notices: contents), (xxiv) regulation 47D(3) (compliance and stop notices: notification), (xxv) regulation 47E(2) (compliance and stop notices: withdrawal), and

• (2) After regulation 47 (contravention of certain regulations not to be an offence) of the 2010 Regulations insert—

(47A) The following provisions of these Regulations are prescribed for the purposes of section 35B(7)(a) of the Act as provisions in relation to which a compliance notice[^f00015] may not be given— (a) regulation 14A (determination of applications for building control approval with full plans), (b) regulation 15A (consultation in relation fire safety), (c) regulation 16(3D) (notice as to commencement of work), (d) regulation 17 (completion certificates), (e) regulation 17A (certificate for building occupied before work is completed), (f) regulation 18(6A) (appeal against refuse to grant certain certificates), (g) regulation 18E(8) and (12) (appeals under section 101A of the Act), (h) regulation 19C(2) (regulator’s notices: grounds for rejection), (i) regulation 19E (regulator’s notices: direction), (j) regulation 20(6A) (provisions applicable to self-certification schemes), (k) regulation 20A(7A) (provisions applicable to third party certification schemes), (l) regulation 25A(3A) (consideration of high-efficiency alternative systems for new buildings), (m) regulation 27(4A) (CO₂ emission rate calculations), (n) regulation 27A(4A) (fabric energy efficiency rate calculations), (o) regulation 27C(4A) (target primary energy rate calculations for new buildings), (p) regulation 37(3) (wholesome water consumption calculation), (q) regulation 41(3A) (sound insulation testing), (r) regulation 42(4) (mechanical ventilation air flow rate testing), (s) regulation 43(6) (pressure testing), (t) regulation 44(5) (commissioning), (u) regulation 44ZA(4) (commissioning in respect of a system for on-site electricity generation), (v) regulation 47B (compliance notices: contents), (w) regulation 47C (stop notices: contents), (x) regulation 47D(3) (compliance and stop notices: notification), (y) regulation 47E(2) (compliance and stop notices: withdrawal). (47B) (1) A compliance notice given by a building control authority must be in writing and state— (a) that it is a compliance notice under section 35B of the Act; (b) the date the notice is given; (c) the name or description of the recipient; and (d) the consequences of failing to comply with the notice. (2) A compliance notice must additionally— (a) describe the issue to which the notice relates; (b) identify the provision of building regulations, or the requirement imposed by virtue of building regulations, to which the compliance notice relates; (c) provide details of the nature of the contravention or likely contravention; (d) state that the notice may be withdrawn by the building control authority; (e) state that the recipient may apply to the First-tier Tribunal under section 39A(3) of the Act for an extension of the specified period for doing anything set out in the notice and state that any application must be made within 21 relevant days of the date the notice is given; (f) state that the recipient may appeal to the First-tier Tribunal under section 39A(1) of the Act and state that any appeal must be made within 21 relevant days of the date the notice is given. (3) A compliance notice must relate to no more than one contravention or likely contravention of building regulations or a requirement imposed by virtue of building regulations. (47C) (1) A stop notice given by a building control authority must be in writing and state— (a) that it is a stop notice under section 35C(1)(a), 35C(1)(b) or, as the case may be, 35C(1)(c) of the Act; (b) the date the notice is given and whether the notice applies immediately, or where it does not apply immediately, the date when it applies; (c) the name or description of the recipient; and (d) the consequences of failing to comply with the notice. (2) A stop notice must additionally— (a) describe the issue to which the notice relates; (b) specify— (i) in a case within section 35C(1)(a) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates; (ii) in a case within section 35C(1)(b) of the Act, the compliance notice to which the stop notice relates; (iii) in a case within section 35C(1)(c) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates; (c) provide details of the nature of the contravention (including, in a case within section 35C(1)(c) of the Act, the nature of the serious harm that is anticipated); (d) state that the recipient may appeal to the First-tier Tribunal under section 39A(5) of the Act and state that any appeal must be made within 21 relevant days of the date the notice is given; and (e) state that the recipient may apply to the First-tier Tribunal under section 39A(6) of the Act for a direction. (3) A stop notice must relate to— (a) in a case within section 35C(1)(a) of the Act, no more than one contravention of a prescribed provision of building regulations or requirement imposed by virtue of such a provision; (b) in a case within section 35C(1)(b) of the Act, no more than one compliance notice; (c) in a case within section 35C(1)(c) of the Act, no more than one contravention of a provision of building regulations or a requirement imposed by virtue of such a provision. (47D) (1) Paragraph (2) applies where a compliance notice under section 35B of the Act or a stop notice under section 35C(1) of the Act is to be given in relation to work on a site or premises and another form of service under section 94(1) of the Act is not appropriate. (2) Where, after reasonable inquiries, the building control authority is satisfied that there is no one to whom a compliance notice or stop notice can be delivered, the notice, or a copy of it, may be affixed to a conspicuous part of the site or premises where the work to which the notice relates is carried out. (3) Where a building control authority gives a compliance notice or stop notice, the authority must take reasonable steps to notify the following persons as to the giving of the notice— (a) the client, the principal contractor (or sole contractor) and the principal designer (or sole or lead designer) for the work to which the notice relates; (b) where the regulator is the building control authority, the local authority for the area in which the building is situated or the proposed building is to be situated; (c) where the notice relates to a contravention of Part B of Schedule 1 in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the work, the enforcing authority (within the meaning of article 25 of that Order) for the building or the proposed building; (d) where the client is— (i) in relation to any work, a private registered provider of social housing, (ii) in relation to work other than the erection of a new building, any other registered provider of social housing, the Regulator of Social Housing; (e) where the client is a landlord in relation to any dwelling contained in the building, the local housing authority for the area in which the building is located; and (f) where the notice relates to work to an existing higher-risk building, the accountable person who is responsible for the part of the building where the work is carried out. (4) In this regulation— - “accountable person” has the meaning in given in section 72 of the Building Safety Act 2022; - “the Regulator of Social Housing” is the body established under section 80A of the Housing and Regeneration Act 2008. (47E) (1) A building control authority may withdraw a compliance notice or stop notice. (2) Where a building control authority withdraws a compliance notice or stop notice it must as soon as reasonably practicable give the recipient a notice in writing to that effect. (47F) (1) An appeal to the First-tier Tribunal under section 39A(1) or (5) of the Act must be made by the relevant date. (2) The First-tier Tribunal may allow an appeal referred to in paragraph (1) only if it is satisfied that the giving of the compliance notice or stop notice in question was wrong on one or more of the following grounds— (a) that the notice was given based on an error of fact; (b) that the giving of the notice was wrong in law; (c) that the giving of the notice was unreasonable; (d) that the notice was given without following the procedures set out in the Act or regulations made under that Act (except regulation 47D(3)). (3) If the First-tier Tribunal allows an appeal referred to in paragraph (1) it may quash or vary the compliance notice or stop notice. (4) In this regulation the “relevant date” is— (a) in the case of an appeal under section 39A(1), within 21 relevant days beginning with the date the compliance notice is given; and (b) in the case of an appeal under section 39A(5), within 21 relevant days beginning with the date the stop notice is given. (47G) (1) An application to the First-tier Tribunal under section 39A(3) of the Act in relation to a compliance notice must made within 21 relevant days beginning with the date the compliance notice is given. (2) In deciding the question set out in an application under section 39A(3) of the Act the First-tier Tribunal must consider whether the recipient of the notice has demonstrated they are unable to comply within the specified period and it is reasonable to extend it. (47H) In deciding the question set out in an application to the First-tier Tribunal under section 39A(6) of the Act in relation to a stop notice, the First-tier Tribunal must consider whether it is fair and proportionate, having regard to any representations made, to give the direction.

Other miscellaneous amendments to the 2010 Regulations

17

• (1) In regulation 5 of the 2010 Regulations omit “the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for”.

• (2) Regulation 48 of the 2010 Regulations is omitted.

PART 3 — Amendment of other secondary legislation

Amendments to the Building (Local Authority Charges) Regulations 2010

18

• (1) The Building (Local Authority Charges) Regulations 2010[^f00016] are amended as follows.

• (2) In regulation 5(1) (principles of charging scheme)—

• (a) in sub-paragraph (a), at the beginning, insert “in relation to Wales,”;

• (b) after sub-paragraph (a) insert—

(aa) in relation to England— (i) the passing or rejection of plans which have been deposited with the local authority, in accordance with section 16 of the Act, before 1st October 2023, or (ii) the granting or rejection of an application for building control approval in relation to proposed building work in England made to the local authority in accordance with the Principal Regulations, (“a plan charge”);

• (c) in sub-paragraph (b), at the beginning, insert “in relation to Wales,”;

• (d) after sub-paragraph (b) insert—

(ba) in relation to England, the inspection of building work for which— (i) plans have been deposited with the local authority, in accordance with section 16 of the Act, before 1st October 2023, or (ii) an application for building control approval has been granted in accordance with the Principal Regulations, (“an inspection charge”);

• (3) In regulation 7(5) (principles of charging scheme: calculating charges) after sub-paragraph (j) insert—

(ja) whether an application or building notice in relation to building work is in respect of building work which is substantially the same as building work in respect of which an application for building control approval has been granted or building works inspected by the same local authority;

• (4) In regulation 8 (principles of charging scheme as to payment)—

• (a) in paragraph (1)—

• (i) in sub-paragraph (a) after “deposited with” insert “, or an application for building control approval for the building work is made to,”;

• (ii) in sub-paragraph (d)—

• (aa) for “first deposited with” substitute “first given to”;

• (bb) for “have been deposited with” substitute “have been given to”;

• (cc) for “are or have been deposited” substitute “are or have been given”;

• (b) in paragraph (2)—

• (i) after “are deposited” insert “or an application for building control approval which is made”; and

• (ii) after “of the Act” insert “or is not validly made for the purposes of the Principal Regulations”;

• (c) in paragraph (3) after “plans of building work are deposited” insert “, an application for building control approval is made”.

• (5) In regulation 11 (refunds and supplementary charges)—

• (a) in paragraph (1) after “the Act” insert “or do not give notice of the granting or rejection of an application for building control approval within the period required under the Principal Regulations”;

• (b) in paragraph (2)—

• (i) after “the plans were deposited” insert “or an application for building control approval was made”;

• (ii) after “in order to comply with section 16 of the Act” insert “or the Principal Regulations”;

• (c) in paragraph (6) after “plans which are deposited with a local authority under section 16 of the Act” insert “or an application for building control approval which is made to a local authority under the Principal Regulations”.

• (6) Omit regulation 14 (fees for determination of questions by the Secretary of State).

Amendments to the Energy Performance of Buildings (England and Wales) Regulations 2012

19

• (1) The Energy Performance of Buildings (England and Wales) Regulations 2012[^f00017] are amended as follows.

• (2) In regulation 32(1) (disclosure by keeper of register) after sub-paragraph (a) insert—

(aa) to the building safety regulator for the purposes of its duty under section 91 of the Building Act 1984;

Amendments to the Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023

20

• (1) The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023[^f00018] are amended as follows.

• (2) In regulation 1 (interpretation)—

• (a) for the definition of “building certificate” substitute—

• “building certificate” means a completion certificate or, as the case may be, a final certificate in relation to a building;

• (b) for the definition of “building control body” substitute—

• “building control body” means— where the certificate is a completion certificate, the building control authority for the building; where the certificate is a final certificate, the approved inspector who gave the initial notice to which the final certificate relates;

• (c) in the definition of “completion certificate” after sub-paragraph (a) insert—

1. a certificate issued in accordance with regulation 44 (completion certificate applications: decisions) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023;
2. where paragraph 5, 10 or 11 of Schedule 3 to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 applies in relation to a building, a transfer and completion certificate provided for by virtue of modifications set out in paragraph 5(9), 10(4), or, as the case may be, 11(4) of Schedule 3 to those Regulations;

Amendments to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

21

• (1) The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023[^f00019] are amended as follows.

• (2) In regulation 34 (exception to building control prohibition: emergency repair work)—

• (a) in paragraph (2)(b) for “local authority” substitute “relevant authority”;

• (b) after paragraph (2) insert—

(3) In this regulation “relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010.

• (3) In regulation 35 (exception to building control prohibition: work to occupied buildings)—

• (a) in paragraph (1) after sub-paragraph (a) insert—

(aa) giving an application for building control approval to a building control authority;

• (b) after paragraph (2) insert—

(2A) Where an application for building control approval has been given pursuant to paragraph (1), a building control authority is not prohibited from granting a building control approval to the applicable person.

• (c) in paragraph (5) for “local authority” substitute “relevant authority”;

• (d) in paragraph (7), in the appropriate places insert—

• “building control authority” has the meaning given in regulation 2 of the Building Regulations 2010;

• “relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010;

• (4) In regulation 36 (exception to building control prohibitions: purchasers)—

• (a) in paragraph (1)(a) for “local authority” substitute “relevant authority”;

• (b) after paragraph (6) insert—

(7) In this regulation “relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010.

• (5) In regulation 37 (exception to building control prohibitions and modification of the Building Regulations 2010: regularisation)—

• (a) in paragraph (1) for “local authority” substitute “relevant authority”;

• (b) after paragraph (2) insert—

(2A) In this regulation “relevant authority” has the meaning given in regulation 2 of the Building Regulations 2010.

PART 4 — Transitional, supplementary and saving provisions

Transitional and saving provisions

22

• (1) The amendments made to the 2010 Regulations by the provisions listed in paragraph (2) do not apply to—

• (a) building work which started before the regime start date;

• (b) building work in relation to which—

• (i) plans were deposited with a local authority pursuant to section 16 of the Act before the regime start date; or

• (ii) a building notice has been given to a local authority before the regime start date,

but this sub-paragraph does not apply to building work if on or after the regime start date the plans which were deposited are rejected by the local authority.

• (2) The provisions referred to in paragraph (1) are—

• (a) regulation 4 (amendments after regulation 2);

• (b) regulation 6 (new Part - dutyholders and competence);

• (c) regulation 7 (amendments: deposit of plans and building control authorities etc) and the omission of the definition of “full plans” in regulation 3(c);

• (d) regulation 8 (amendments: applications for building control);

• (e) regulation 9 (amendments: consultation on applications for building control);

• (f) regulation 11 (regulator’s notices);

• (g) regulation 12 (amendments to regulations 20 and 20A of the 2010 Regulations);

• (h) regulation 13 (amendments to regulation 38 of the 2010 Regulations);

• (i) regulation 15 (starting on site and commencement of work).

• (3) The disapplication in paragraph (1) of—

• (a) regulation 6 (new Part - dutyholders and competence);

• (b) regulation 13 (amendments to regulation 38 of the 2010 Regulations);

• (c) the amendments to regulation 16 of the 2010 Regulations in regulation 15 (starting on site and commencement of work),

ceases on 6th April 2024 where the building work has not started by that date.

Transitional and saving provisions: appeals

23

In relation to any appeal, or any application to a magistrates’ court, under Part 1 of the Act which was made before the regime start date, the 2010 Regulations apply without the amendments made by regulation 10 (other appeals).

Transitional, supplementary and saving provisions: HRBs

24

Except to the extent provided for in Schedule 3 (transitional, supplementary and saving provisions) to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, regulations 22 and 23 do not apply to higher-risk buildings.

Interpretation of this Part

25

For the purposes of this Part—

• “the Act” means the Building Act 1984;

• “building notice” and “building work” have the meanings given in the 2010 Regulations;

• “regime start date” means 1st October 2023.

Signed

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Lee Rowley — Parliamentary Under Secretary of State — Department for Levelling Up, Housing and Communities — 9th August 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

This instrument is part of a set of Regulations which implement Part 3 of the Building Safety Act 2022.

Section 91ZA of the Building Act 1984, which is to have effect from 1st October 2023, provides for the regulator to be the building control authority in relation to any higher-risk building in England and any proposed higher-risk building.

Part 2 of these Regulations makes a number of amendments to the Building Regulations 2010 (S.I. 2010/2214). Regulation 3 inserts a number of new definitions.

Regulation 4 provides that most of the procedural requirements in the Building Regulations 2010 do not apply in relation to higher-risk buildings. (Instead the procedures set out in the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 apply).

Regulation 5 amends the exemption from requirements other than substantive requirements for the Mayor’s Office for Policing and Crime.

Regulation 6 inserts a new Part 2A into the Building Regulations 2010. This new Part sets out the arrangements a client in relation to a project must make, including the appointment in most cases of a principal contractor and a principal designer, and provisions as to the duties and competence of persons working on a project. Regulation 6 also provides that the client must notify the relevant authority where the principal contractor or principal designer in relation to the work changes, and that after completion of the work the client must send a notice to the authority which includes compliance statements as to the work.

Regulation 7 changes a number of references to deposit of plans to applications for building control approval, and a number of references to local authorities to building control authority (which term includes the regulator).

Regulation 8 inserts new provisions, equivalent to those which were in section 16 of the Building Act 1984, in relation to applications for building control approval, and regulation 9 inserts new provision, equivalent to article 45 of the Regulatory Reform (Fire Safety) Order 2005, in relation to consultation on applications.

Regulation 10 makes provision in relation to the procedure for appeals under the Building Act 1984 – Part 3 of the Building Safety Act 2022 provided for a number of new rights of appeal, and moved most appeals from the Secretary of State to the regulator and from the magistrates’ court to the First-tier Tribunal.

Regulation 11 makes provision under section 91ZB of the Building Act 1984 in relation to regulator’s notices.

Regulation 12 amends regulations 20 and 20A of the Building Regulations 2010 to provide that the client for the project ensures the person carrying out work in relation to a higher-risk building is aware the building is a higher-risk building.

Regulation 13 amends regulation 38 of the Building Regulations 2010 to provide that the responsible person must acknowledge receipt of the fire safety information provided pursuant to regulation 38, and the notice to the building control authority as to handover of fire safety information confirms the information was received by the responsible person.

Regulation 14 omits regulations 45 and 46 of the Building Regulations 2010, this is linked to the commencement of section 33 of the Building Act 1984.

Regulation 15 amends the existing notice of intention to commence works in regulation 16 of the Building Regulations 2010 to become a notice of starting work, and inserts a new requirement to give a notice where work is regarded as commenced and it also sets out the definition of what is to be regarded as commencement of work for the purposes of lapse of building control approval is provided.

Regulation 16 updates the list of provisions whose breach cannot result in prosecution to include a number of the new duties inserted by this instrument, and equivalent provision is made for exclusion from compliance notices. Provision is also made for stop notices and the content of compliance notices, and procedures in relation to them.

Regulation 17 includes the omission of regulation 48 of the Building Regulations 2010 which is consequential on an amendment to section 94 of the Building Act 1984 by the Building Safety Act 2022.

Regulations 18 to 21 make a number of consequential amendments to secondary legislation to replace, for example, a number of references to deposited plans. The regulations amended are: the Building (Local Authority Charges) Regulations 2010 (S.I. 2010/404), the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118), the Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023 (S.I. 2023/275) and the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (S.I. 2023/753).

Regulations 22 to 25 make transitional and saving provisions. The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 also makes transitional and saving provisions in relation to higher-risk buildings.

A full impact assessment of the effect that this instrument will have on the costs to business is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 1984 c. 55. Section 1 was amended by section 1(1) of the Sustainable and Secure Buildings Act 2004 (c. 22). Section 32 was amended by section 36 of the Building Safety Act 2022 (c. 30) (“the 2022 Act”). Section 35 was amended by section 39 of the 2022 Act. Sections 35B, 35D and 39A were inserted by section 38 of the 2022 Act. Sections 91ZB and 91ZC were inserted by section 32 of the 2022 Act. Section 101A was inserted by paragraph 30 of Schedule 6 to the 2022 Act. Paragraphs 1A to 1I, 5A, 5B and 5C of Schedule 1 were inserted by sections 33 and 34 of the 2022 Act. Paragraph 10 of Schedule 1 was substituted by paragraph 83(8) of Schedule 5 to the 2022 Act.

[^f00002]: 2022 c. 30.

[^f00003]: Under the transitional provisions in regulation 5(1) of S.I. 2023/362 the requirement to consult under section 120B of the Building Act 1984 does not apply to proposals consulted on under section 14(3) of the Building Act 1984 before it was repealed by paragraph 17 of Schedule 5 to the Building Safety Act 2022.

[^f00004]: S.I. 2010/2214 as amended by S.I. 2012/3119, 2013/1959, 2014/110, 2015/767, 2016/285, 2016/1274, 2018/1230, 2021/1391, 2022/608 and 2023/520. There are other amending instruments, but none is relevant to this instrument.

[^f00005]: Paragraph 1B of Schedule 1 to the Building Act 1984 (c. 55).

[^f00006]: See section 126 of the Building Act 1984 for the definition of “the regulator”.

[^f00007]: S.I. 2023/275.

[^f00008]: Higher-risk building work is defined in section 91ZA of the Building Act 1984 (c. 55) which was inserted into that Act by section 32 of the Building Safety Act 2022 (c. 30).

[^f00009]: S.I. 2015/51.

[^f00010]: Regulation 17A was inserted by S.I. 2012/3119.

[^f00011]: Regulation 20A was inserted by S.I. 2018/558.

[^f00012]: Regulation 25A was inserted by S.I. 2012/3119.

[^f00013]: Regulation 27A was inserted by S.I. 2013/1959 and amended by S.I. 2016/285.

[^f00014]: A company limited by guarantee, registered in England and Wales with company registration number 04980223.

[^f00015]: See the definition of compliance notice in section 35B(2) of the Building Act 1984, inserted by section 38 of the Building Safety Act 2022.

[^f00016]: S.I. 2010/404 as amended by S.I. 2010/2215.

[^f00017]: S.I. 2012/3118.

[^f00018]: S.I. 2023/315.

[^f00019]: S.I. 2023/753.

Editorial notes

[^key-cf9c92a6e036e6959bf891b84e9b7ae2]: Reg. 3 in force at 1.10.2023, see reg. 1(2)

[^key-0c74a72e18d51aad9e76d9da0baa3806]: Reg. 22 in force at 1.10.2023, see reg. 1(2)

[^key-c6b6d14e8995e703e548224266633ade]: Reg. 24 in force at 1.10.2023, see reg. 1(2)

[^key-dd14393d52b88130a979c8930b3c8990]: Reg. 1 in force at 1.10.2023, see reg. 1(2)

[^key-98ec5175e84ecaec9d617cfde1e46148]: Reg. 4 in force at 1.10.2023, see reg. 1(2)

[^key-da9e52385c50333b44df59c466e4b6be]: Reg. 5 in force at 1.10.2023, see reg. 1(2)

[^key-964647ed3ad8f217967ba3399942da9d]: Reg. 6 in force at 1.10.2023, see reg. 1(2)

[^key-eef6621bebf79aa87df0b0b9f83848fa]: Reg. 7 in force at 1.10.2023, see reg. 1(2)

[^key-3415ccb2dd65b7246246ee28eb9824b6]: Reg. 8 in force at 1.10.2023, see reg. 1(2)

[^key-5cec5c6a01db31c945281e7683fd2bfc]: Reg. 9 in force at 1.10.2023, see reg. 1(2)

[^key-49449845fa315b03cc3d6b1e00a74c4f]: Reg. 10 in force at 1.10.2023, see reg. 1(2)

[^key-d55325a0e94123e307fe8a0e54e4a127]: Reg. 11 in force at 1.10.2023, see reg. 1(2)

[^key-58f30eff7ce39a25013e9bc2f680a2fb]: Reg. 12 in force at 1.10.2023, see reg. 1(2)

[^key-18959d306b1c524df963cba385f028cc]: Reg. 13 in force at 1.10.2023, see reg. 1(2)

[^key-87499e78b6fed4feedadbbc5f0f3ec12]: Reg. 14 in force at 1.10.2023, see reg. 1(2)

[^key-0ff53440f1d73db7095bb524287841b7]: Reg. 15 in force at 1.10.2023, see reg. 1(2)

[^key-242f5a11501ab3b3a4aec99ba4e96a83]: Reg. 16 in force at 1.10.2023, see reg. 1(2)

[^key-17300b4ce9e8446aed689a9d41984d2b]: Reg. 17 in force at 1.10.2023, see reg. 1(2)

[^key-e11d7e05cbe5d23677820d57db44cc2b]: Reg. 18 in force at 1.10.2023, see reg. 1(2)

[^key-7d7bfc30a8ddf860d39c33630d8064d8]: Reg. 19 in force at 1.10.2023, see reg. 1(2)

[^key-c9cd313b30ac9040ed18821337bb24b5]: Reg. 20 in force at 1.10.2023, see reg. 1(2)

[^key-2335ba708559bb81bee93f18883b1f15]: Reg. 21 in force at 1.10.2023, see reg. 1(2)

[^key-a38990e6b8a7385e5ff8ba20492cdb32]: Reg. 2 in force at 1.10.2023, see reg. 1(2)

[^key-508846f06c97ae4796b9f23e181a819d]: Reg. 23 in force at 1.10.2023, see reg. 1(2)

[^key-f6401d897050164f6e1f6eb76639b589]: Reg. 25 in force at 1.10.2023, see reg. 1(2)