The Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025
This instrument is part of a number of Regulations which implement the Building Safety Act 2022 in respect of higher-risk buildings in Wales.
Made: 12 December 2025
Laid before Senedd Cymru: 17 December 2025
Coming into force: 1 July 2026
In accordance with section 14(7)88 of the Building Act 1984, the Welsh Ministers have consulted the Building Regulations Advisory Committee for Wales and any other person that the Welsh Ministers consider appropriate.
PART 1 — Preliminary
Title, application and coming into force
1
- (1) The title of these Regulations is the Building (Higher-Risk Buildings Procedures) (Wales) Regulations 2025.
- (2) These Regulations apply in relation to Wales.
- (3) These Regulations come into force on 1 July 2026.
Interpretation
2
- (1) In these Regulations—
- “the 1984 Act” (“Deddf 1984”) means the Building Act 1984;
- “the 2010 Regulations” (“Rheoliadau 2010”) means the Building Regulations 201089;
- “the 2023 Regulations” (“Rheoliadau 2023”) means the Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 202390;
- “active fire safety measures” (“mesurau diogelwch tân gweithredol”) includes sprinkler systems (including isolating valves and control equipment for that system), smoke control systems (including heating or ventilation and air conditioning systems with a smoke control function), fire or smoke dampers, fire alarm systems, lifts and lift shafts (including evacuation or fire-fighting lifts), and fire main and hydrants;
- “agreed document” (“dogfen gytunedig”) means—a plan or document in relation to HRB work, stage of HRB work or work to existing HRB that was approved by virtue of regulation 7(7) or (9) or regulation 15(7) or (9), orwhere such a plan or document is revised—in relation to a major change, the plan or document that was approved under regulation 24(7) or (9);in relation to a notifiable change, the version of the plan or document that accompanied the notice to the building control authority given under regulation 20(1);in relation to a recordable change, the version of the plan or document that was revised under regulation 18(2)(b) and in respect of which a record was made under regulation 18(2)(a);
- “applicant” (“ceisydd”) except in Part 6 of these Regulations (see regulations 46(2) and 50(1)) means the client or the client together with the person making the application;
- “building control approval” (“cymeradwyaeth rheolaeth adeiladu”) has the meaning given in paragraph 1B(2) of Schedule 1 to the 1984 Act;
- “building control approval application for HRB work” (“cais am gymeradwyaeth rheolaeth adeiladu ar gyfer gwaith ARU”) has the meaning given in regulation 3(a);
- “building control approval application for work to existing HRB” (“cais am gymeradwyaeth rheolaeth adeiladu ar gyfer gwaith i ARU presennol”) has the meaning given in regulation 11(1)(a);
- “building control authority” (“awdurdod rheolaeth adeiladu”) has the meaning given in section 121A of the 1984 Act91;
- “building regulations” (“rheoliadau adeiladu”) has the meaning given in section 122 of the 1984 Act;
- “Building Regulations compliance statement” (“datganiad cydymffurfedd â’r Rheoliadau Adeiladu”) means a document in accordance with paragraph 4 of Schedule 1;
- “change control application” (“cais rheolaeth newid”) has the meaning given in regulation 18(5);
- “change control log” (“lòg rheolaeth newid”) has the meaning given in regulation 19(1);
- “change control plan” (“cynllun rheolaeth newid”) means a document in accordance with paragraph 3 of Schedule 1;
- “commercial unit” (“uned fasnachol”) means a part of a building in separate occupation which does not contain a flat or residential room;
- “competence declaration” (“declarasiwn cymhwysedd”) means a statement in accordance with paragraph 1 of Schedule 1;
- “completion certificate” (“tystysgrif gwblhau”) means a certificate issued under regulation 43;
- “completion certificate application” (“cais am dystysgrif gwblhau”) has the meaning given in regulation 39(1);
- “compliance declaration” (“declarasiwn cydymffurfedd”)—where any appointment of a principal contractor (or sole contractor) or principal designer (or sole or lead designer) ends before a completion certificate application is submitted to the building control authority, means a statement provided under regulation 29(3) (new principal contractor or principal designer etc: notification);where any appointment of a principal contractor (or sole contractor) or principal designer (or sole or lead designer) has not ended before a completion certificate application has been submitted to the building control authority, has the meaning given in regulation 39(5);
- “compliance explanation” (“eglurhad cydymffurfedd”) has the meaning given in regulation 19(2)(g);
- “construction control plan” (“cynllun rheolaeth adeiladu”) means a document in accordance with paragraph 2 of Schedule 1;
- “controlled change” (“newid a reolaethir”) has the meaning given in regulation 18(1);
- “electronic facility” ("cyfleuster electronig") has the meaning given in regulation 31(13);
- “enforcing authority” (“awdurdod gorfodi”) has the meaning given by article 25 of the Regulatory Reform (Fire Safety) Order 200592;
- “exempt work” (“gwaith esempt”) has the meaning given in regulation 56;
- “fire and emergency file” (“ffeil tân ac argyfwng”) means a document in accordance with paragraph 5 of Schedule 1;
- “fire safety compliance information” (“gwybodaeth am gydymffurfedd o ran diogelwch tân”) has the meaning given in regulation 12(3)(d);
- “fire safety information” (“gwybodaeth am ddiogelwch tân”) means information relating to the following—the design and construction of the building and the services, fittings and equipment provided in or in connection with the building;the design of the material change of use and building work to implement it;the composition of materials used;which will assist the responsible person to operate and maintain the building with reasonable safety;
- “fixed building services” ("gwasanaethau sefydlog adeilad") has the meaning given in regulation 2(1) of the 2010 Regulations;
- “golden thread information” (“gwybodaeth llinyn aur") has the meaning given in regulation 31(13);
- “HRB work” (“gwaith ARU”) means—the construction of a higher-risk building;work to an existing building that causes it to become a higher-risk building together with any work to the building carried out at the same time as that work;such work, if any, which is necessary to ensure a building that undergoes a material change of use to become a higher-risk building complies with the applicable requirements listed in regulation 6 of the 2010 Regulations (requirements relating to material change of use) together with any work to the building carried out at the same time as that work;
- “higher-risk building” (“adeilad risg uwch”) has the meaning given in regulation 3 of the 2023 Regulations;
- “local authority” (“awdurdod lleol”) has the meaning given by section 126 of the 1984 Act;
- “magistrates’ court” (“llys ynadon”) means a magistrates’ court, within the meaning given by section 148 of the Magistrates’ Courts Act 198093, in England and Wales;
- “major change” (“newid mawr”) has the meaning given in regulation 26(1);
- “mandatory occurrence reporting plan” (“cynllun adrodd mandadol am achlysuron”) is a plan describing the mandatory occurrence reporting system;
- “mandatory occurrence reporting system” (“system adrodd mandadol am achlysuron”) means a system required under regulation 32;
- “notifiable change” (“newid hysbysadwy”) has the meaning given in regulation 26(1);
- “owner” (“perchennog”) has the meaning given in section 126 of the 1984 Act;
- “partial completion certificate” (“tystysgrif cwblhau rhannol”) means a certificate issued under regulation 44(14);
- “partial completion certificate application” (“cais am dystysgrif cwblhau rhannol”) has the meaning given in regulation 44(2);
- “partial completion strategy” (“strategaeth cwblhau rhannol”) means a document under paragraph 6 of Schedule 1;
- “passive fire safety measures” (“mesurau diogelwch tân goddefol”) includes the cavity barriers, fire door sets, duct dampers, fire shutters and other fire separating elements;
- “recordable change” (“newid cofnodadwy”) means a controlled change which is neither a major change nor a notifiable change;
- “regularisation certificate” (“tystysgrif unioni”) has the meaning given in regulation 46(7);
- “regularisation certificate application” (“cais am dystysgrif unioni”) has the meaning given in regulation 46(2);
- “residential rooms” (“ystafelloedd preswyl”) means a room, or a suite of rooms, which is not a flat and which is used solely by one or more persons to live and sleep and includes a room in a hall of residence or a residential home, but does not include a room in a hospital or similar establishment, which is used for patient accommodation;
- “responsible person” (“person cyfrifol”) has the meaning given in article 3 of the Regulatory Reform (Fire Safety) Order 2005;
- “scheme work” (“gwaith cynllun”) means work to which regulation 20 (provisions applicable to self-certification schemes) of the 2010 Regulations applies;
- “sewerage undertaker” (“ymgymerwr carthffosiaeth”) means a person appointed under section 6 of the Water Industry Act 199194 for the area in which the building is, or is to be, situated;
- “work to existing HRB” (“gwaith i ARU presennol”) means any work relating to a higher-risk building which is not HRB work;
- “working day” (“diwrnod gwaith”) means any day which is not Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 197195.
- (2) In these Regulations—
- (a) “building work”, “client”, “contractor”, “designer”, “domestic client”, “flat”, “material change of use”, “principal contractor”, “principal designer”, “project”, “sole contractor” and “sole or lead designer” have the meanings given in regulation 2 of the 2010 Regulations;
- (b) a reference to appointment as a principal contractor or principal designer is to appointment under regulation 11U (principal designer and principal contractor) of the 2010 Regulations96, or assignment of duties under regulation 11T, and that reference includes an appointment which is certified under regulation 11U(2) of those Regulations97.
PART 2 — Building Control Approval
CHAPTER 1 — New HRBs
Building control approval for HRB work or stage of HRB work
3
Before any person starts HRB work or starts a stage of HRB work, the client in relation to that work must—
- (a) submit an application for building control approval in relation to the work to the building control authority (a “building control approval application for HRB work” or, where the work is done in stages, a “building control approval application for a stage of HRB work”) under regulation 4 (building control approval applications for HRB work or stage of HRB work),
- (b) be granted building control approval for the work,
- (c) fulfil those requirements, if any, which under the building control approval must be fulfilled before the work or, the stage of the work is started, and
- (d) notify the building control authority of the date on which the work or the stage of the work is to start under regulation 9(2) (notice before starting on site and further notice when work is “commenced”).
Building control approval applications for HRB work or stage of HRB work
4
- (1) A building control approval application for HRB work must be made in writing, signed by the applicant, and must include—
- (a) the name, address, telephone number and (if available) email address of the client;
- (b) the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);
- (c) a statement that the application is made under this regulation;
- (d) where HRB work consists of work to an existing building, a description of the existing building including—
- (i) details of its current use, including the current use of each storey;
- (ii) its height as determined by regulation 4 of the 2023 Regulations;
- (iii) the number of storeys it has as determined by regulation 5 of the 2023 Regulations;
- (iv) the number of flats, the number of residential rooms and the number of commercial units;
- (e) a description of the proposed HRB work, including—
- (i) details of the intended use of the higher-risk building, including the intended use of each storey;
- (ii) the height of the higher-risk building as determined by regulation 4 of the 2023 Regulations;
- (iii) the number of storeys it has as determined by regulation 5 of the 2023 Regulations;
- (iv) the number of flats, the number of residential rooms and the number of commercial units it is proposed the higher-risk building will contain;
- (v) the provision to be made for the drainage of the higher-risk building;
- (vi) where paragraph H4 of Schedule 1 to the 2010 Regulations imposes a requirement, the precautions to be taken in the building over a drain, sewer or disposal main to comply with the requirements of that paragraph;
- (vii) the steps to be taken to comply with any local enactment that applies;
- (viii) a statement as to when it is proposed the work is to be regarded as commenced under regulation 46B of the 2010 Regulations98.
- (2) A building control approval application for HRB work must be accompanied by—
- (a) a plan to a scale of not less than 1:1250 showing—
- (i) the size and position of the building and its relationship to adjoining boundaries;
- (ii) the boundaries of the curtilage of the building, and the size, position and use of every other building or proposed building within the curtilage;
- (iii) the width and position of any street on or within the boundaries of the curtilage of the building;
- (b) any other plans as necessary to show that the HRB work would comply with all applicable requirements of the building regulations;
- (c) a competence declaration;
- (d) a construction control plan;
- (e) a change control plan;
- (f) a mandatory occurrence reporting plan;
- (g) a Building Regulations compliance statement;
- (h) a fire and emergency file;
- (i) where the applicant proposes occupation of part of the building before completion of the HRB work, a partial completion strategy;
- (j) where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct.
- (3) A building control approval application for a stage of HRB work must be made in writing, signed by the applicant, and must—
- (a) include the information required by paragraph (1);
- (b) where the application relates to the first stage of the work—
- (i) be accompanied by a statement (“staged work statement”) setting out a detailed description of the first stage and of the subsequent stages of the project (including an estimate of the time when each stage will start);
- (ii) be accompanied by the documents referred to in paragraph (2) but—
- (aa) the plans referred to in paragraph (2)(b) are to be such plans as necessary to show that the work for the first stage would comply with all applicable requirements of the building regulations and a summary of plans for the work beyond that stage;
- (bb) the Building Regulations compliance statement must set out the design principles and building standards to be applied to the work for the first stage and a summary of the design principles and building standards to be applied beyond that stage;
- (c) where the application relates to a stage after the first stage—
- (i) be accompanied by a statement (“subsequent stages statement”) setting out a detailed description of the stage to which the application relates and of the other stages of the project (including an estimate of the time when each remaining stage will start);
- (ii) be accompanied by the documents referred to in paragraph (2) but—
- (aa) the plans referred to in paragraph (2)(b) are to be those plans as are necessary to show that the work comprised in the stage to which the application relates would comply with all applicable requirements of the building regulations and a summary of plans for the work beyond that stage;
- (bb) the Building Regulations compliance statement must set out the design principles and building standards to be applied to the work comprised in the stage to which the application relates and a summary of the design principles and building standards to be applied beyond that stage.
Building control approval applications for HRB work or stage of HRB work: time limit
5
- (1) Where the building control authority receives a building control approval application for HRB work or a building control approval application for a stage of HRB work which is valid, the building control authority must determine it—
- (a) within 12 weeks beginning with the day the application is received by the building control authority, or
- (b) within such longer period as at any time the building control authority and the applicant agree in writing.
- (2) A building control approval application for HRB work or a building control application for a stage of HRB work is valid if it complies with the requirements of regulation 4.
Building control approval applications for HRB work or stage of HRB work: consultation
6
- (1) Before determining a building control approval application for HRB work or a building control approval application for a stage of HRB work, the building control authority must consult—
- (a) the enforcing authority for the proposed higher-risk building, and
- (b) where paragraph H4 of Schedule 1 to the 2010 Regulations imposes requirements in relation to the work, the sewerage undertaker for the proposed higher-risk building.
- (2) Where the building control authority is required to consult a person under this regulation it—
- (a) must give the person sufficient plans to show the HRB work or the stage of the HRB work would, if carried out under those plans, comply with—
- (i) in the case of the enforcing authority, the applicable requirements of Part B (fire safety) of Schedule 1 to the 2010 Regulations, and
- (ii) in the case of the sewerage undertaker, the requirements of paragraph H4 of Schedule 1 to the 2010 Regulations;
- (b) must not determine the application before the end of 15 working days beginning with the date the consultation starts or such longer period as the building control authority and the person consulted agree in writing.
- (3) In relation to the consultation under paragraph (1)(a), the plans required to be given under paragraph (2)(a) must include the fire and emergency file.
- (4) If all persons consulted express their views before the end of the period referred to in paragraph (2)(b), the prohibition against determining the application ceases to apply on the day after the date on which the last view is received by the building control authority.
- (5) The building control authority is not required to consult under this regulation where it is satisfied following consideration of the application there are sufficient grounds to reject the application.
Building control approval applications for HRB work or stage of HRB work: decisions
7
- (1) The building control authority must grant the building control approval sought in a building control approval application for HRB work or a building control approval application for a stage of HRB work unless the application or any document that accompanied the application—
- (a) does not comply with the requirements of regulation 4;
- (b) is not sufficiently detailed in any respect to allow the building control authority to determine whether the HRB work or the stage of HRB work would contravene any applicable requirement of the building regulations;
- (c) shows the HRB work or the stage of HRB work would contravene any applicable requirement of the building regulations;
- (d) shows the strategies, policies or procedures in relation to HRB work or the stage of HRB work (including in relation to controlled changes, mandatory occurrence reporting, competence of persons or sharing of information and co-operation) would contravene, or would be likely to contravene, the requirements of—
- (i) regulations 18 to 21 and 27 to 29 (changes to documents or persons);
- (ii) regulations 31, 37 and 38 (golden thread etc.);
- (iii) regulations 32 to 36 (mandatory occurrence reporting);
- (iv) Part 2B (dutyholders and competence) of the 2010 Regulations99.
- (2) If one or more of the reasons in paragraph (1) applies, the building control authority may—
- (a) reject the building control approval application for HRB work or the building control approval application for a stage of HRB work, or
- (b) with the written consent of the applicant, grant the building control approval sought in the application subject to one or more requirements.
- (3) The types of requirement that may be imposed under paragraph (2)(b) include—
- (a) a requirement to provide a specified plan or document, or a revised version of a specified plan or document, within a specified period;
- (b) a requirement that work does not proceed beyond a specified point until a specified plan or other document, or a revised version of a specified plan or other document, has been given to, and approved by the building control authority.
- (4) The building control authority must notify the applicant of the outcome of the application (and where the applicant is not the client, also give a copy of the notification to the client) within the period referred to in regulation 5 (building control approval applications for HRB work or stage of HRB work: time limit).
- (5) A notice that the application has been rejected must give the reasons for the rejection.
- (6) A notice that the building control approval sought in the application has been granted subject to a requirement must specify the requirement imposed.
- (7) Where a building control approval application for HRB work or a building control approval application for a stage of HRB work are successful the effect is that from the date of the notice under paragraph (4)—
- (a) building control approval for the HRB work or, building control approval for the stage of HRB work is granted;
- (b) subject to paragraphs (8) and (9)—
- (i) the description of the proposed HRB work or, the description of the proposed stage of HRB work,
- (ii) the plans of the HRB work or the plans of the stage of HRB work that accompanied the application, and
- (iii) each of the other documents that accompanied the application,
are approved.
- (8) Where building control approval has been granted subject to a requirement that a plan or document must be revised, the unrevised plan or document is not approved by paragraph (7)(b).
- (9) Where—
- (a) building control approval has been granted subject to a requirement that any plan or document must be revised, and
- (b) the plan or document is subsequently revised under the requirement,
that revised plan or document is approved from the date specified in the approval given by the building control authority for the revision.
- (10) Where building control approval has been granted subject to a requirement of a type described in paragraph (3)(a), the client must ensure that work does not start before the plan or document is provided.
- (11) Where building control approval has been granted subject to a requirement of a type described in paragraph (3)(b)—
- (a) the requirement must set out the points specified in relation to the work and the plans or documents which must be approved for each point;
- (b) the client must ensure work to which the requirement relates does not proceed beyond the point specified in the requirement until the approval by the building control authority in relation to that plan or document has been received.
- (12) Where the building control authority decides not to approve a plan or document under paragraph (11) if requested it must give reasons for the decision.
- (13) In this regulation, “specified” means specified by the building control authority.
Building control authority’s power to require notifications etc. for HRB work or stage of HRB work
8
- (1) The building control authority may, by notice in writing, require a client—
- (a) to notify the building control authority, within a specified period, when a specified point of the HRB work or a specified point of the stage of HRB work has been reached;
- (b) not to cover up specified work for a specified period.
- (2) In this regulation, “specified” means specified by the building control authority in the notice referred to in paragraph (1).
Notice before starting on site and further notice when work is “commenced”
9
- (1) This regulation applies where building control approval for HRB work or building control approval for a stage of HRB work is granted under regulation 7 (building control approval applications for HRB work or stage of HRB work: decisions).
- (2) At least 5 working days before the day on which the HRB work or the stage of HRB work starts, the client, or somebody acting on their behalf, must give a notice to the building control authority setting out their intention to start the work and the date the work is to start.
- (3) Within 5 working days after the day on which the HRB work is to be regarded as commenced, the client, or someone acting on their behalf, must give a notice to that effect to the building control authority.
- (4) If the building control authority is not satisfied the work is to be regarded as commenced it must give the client a notice to that effect (“rejection notice”) within 4 weeks of the date the notice under paragraph (3) is given, and the rejection notice must give the reason for rejection and what needs to be completed for the work to be regarded as commenced.
- (5) Where a notice is given under paragraph (3) and the period referred to in paragraph (4) expires without a rejection notice being given, the work is to be regarded as commenced.
- (6) If the client accepts the rejection notice they may not give a further notice under paragraph (3) unless, having regard to the reasons given by the building control authority, they are satisfied the work is to be regarded as commenced.
- (7) The client may appeal to the magistrates’ court against the decision of the building control authority to reject the notice.
- (8) An appeal must be made within 15 working days beginning with the day after the day on which the building control authority gives the rejection notice.
- (9) The magistrates’ court may allow an appeal under paragraph (7) 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;
- (d) that the decision was made without following the procedures set out in the 1984 Act or regulations made under that Act.
- (10) Where a notice under paragraph (2) or (3) is given by someone on behalf of the client, the notice must include a statement signed by the client confirming they agree to the notice being given and that the information contained in it is correct.
- (11) The building control authority may take such steps as it thinks appropriate to check whether the work is to be regarded as commenced, including—
- (a) requiring information;
- (b) laying open of work for inspection.
- (12) For the purposes of paragraphs (3) to (11), regulation 46B of the 2010 Regulations applies to determine whether work is to be regarded as commenced.
CHAPTER 2 — Existing HRBs
Notification of emergency repairs to existing HRB
10
- (1) Where work to existing HRB consists only of emergency repairs and it is not practicable to comply with regulation 11 before starting the work, the client must—
- (a) give a notice to that effect to the building control authority, describing the work and the reasons for the urgency as soon as reasonably practicable after the work has started,
- (b) send a copy of that notice to the responsible person as soon as reasonably practicable after the work has started, and
- (c) submit a regularisation certificate application to the building control authority in relation to the work as soon as reasonably practicable after the work is carried out.
- (2) In this regulation, “emergency repairs” means repairs to a building which are necessary to be carried out as a matter of urgency due to the risk to health, safety or welfare of persons in or about the building.
Building control approval for work to existing HRB
11
- (1) Before any person starts any work to existing HRB, the client in relation to that work must—
- (a) submit an application for building control approval in relation to the work to the building control authority (a “building control approval application for work to existing HRB”) under regulation 12 (building control approval applications for work to existing HRB),
- (b) be granted building control approval for the work,
- (c) fulfil those requirements, if any, which under the building control approval must be fulfilled before the work is started, and
- (d) notify the building control authority of the date on which the work is to start under regulation 17(2) (notice before starting on site and further notice when work is “commenced”).
- (2) The requirements of this regulation do not apply to work to existing HRB which consists only of—
- (a) scheme work,
- (b) exempt work, or
- (c) work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
Building control approval applications for work to existing HRB
12
- (1) Subject to paragraphs (3) and (4), where a building control approval application for work to existing HRB is required by regulation 11 (building control approval for work to existing HRB), it must be made in writing, signed by the applicant, and must include—
- (a) the name, address, telephone number and (if available) email address of the client;
- (b) the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);
- (c) a statement that the application is made under this regulation;
- (d) a description of the existing higher-risk building including—
- (i) details of its current use, including the current use of each storey;
- (ii) its height as determined by regulation 4 of the 2023 Regulations;
- (iii) the number of storeys it has as determined by regulation 5 of the 2023 Regulations;
- (iv) the number of flats, the number of residential rooms and the number of commercial units contained in the higher-risk building;
- (e) a description of the proposed work, including—
- (i) where the use of any part of the higher-risk building is changing, details of the intended use of each storey;
- (ii) where the height of any part of the higher-risk building is changing, the height of the building after the proposed work as determined by regulation 4 of the 2023 Regulations;
- (iii) where the number of storeys in the higher-risk building is changing, the number of storeys as determined by regulation 5 of the 2023 Regulations;
- (iv) where the number of flats or residential rooms in the higher-risk building is changing, the number of flats or residential rooms to be contained in the higher-risk building;
- (v) the provision to be made for the drainage of the building or extension;
- (vi) where paragraph H4 of Schedule 1 to the 2010 Regulations imposes a requirement, the precautions to be taken in the building over a drain, sewer or disposal main to comply with the requirements of that paragraph;
- (vii) the steps to be taken to comply with any local enactment that applies;
- (viii) a statement setting out either—
- (aa) the date when it is proposed the work will reach the point when it is regarded as commenced under regulation 46B (lapse of building control approval: commencement of work) of the 2010 Regulations, or
- (bb) the date when the client assesses building control supervision will be required if the work does not fall within the provisions of regulation 46B of the 2010 Regulations.
- (2) A building control approval application for work to existing HRB must be accompanied by—
- (a) a plan to a scale of not less than 1:1250 showing—
- (i) the size and position of the building and its relationship to adjoining boundaries;
- (ii) the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within the curtilage;
- (iii) the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended;
- (b) any other plans, as necessary to show that the work would comply with all applicable requirements of the building regulations;
- (c) additionally, where work to existing HRB work is category A work—
- (i) a competence declaration;
- (ii) a construction control plan;
- (iii) a change control plan;
- (iv) a mandatory occurrence reporting plan;
- (v) a Building Regulations compliance statement;
- (vi) a fire and emergency file;
- (vii) reports or calculations, as necessary to show that the work would comply with all applicable requirements of the building regulations when the work will affect the structural loading of the building;
- (viii) where the applicant proposes occupation of part of the building before completion of the work, a partial completion strategy;
- (d) where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct.
- (3) For a building control approval application for work to existing HRB where the work consists of category B work, the application must—
- (a) be made in writing, signed by the applicant,
- (b) subject to paragraph (4), include the matters referred to in paragraph (1)(a) to (e),
- (c) be accompanied by the plans referred to in paragraphs (2)(a) and (2)(b),
- (d) where Part B of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, include information setting out the fire safety design principles, concepts and standards applied to the development including sufficient plans to show how the work would comply with Part B (fire safety) of Schedule 1 to the 2010 Regulations (“fire safety compliance information”), and
- (e) be accompanied by such of the documents listed in paragraph (2)(c) as the applicant considers appropriate.
- (4) Where the work consists only of category B work within a flat, the application does not need to include the matters referred to in paragraph (1)(c).
- (5) In relation to an application for work to existing HRB where the work consists of category B work, the building control authority may at any time before determining the application, by notice in writing, additionally require the applicant to provide any of the following documents—
- (a) a competence declaration;
- (b) a construction control plan;
- (c) a change control plan;
- (d) a mandatory occurrence reporting plan;
- (e) a Building Regulations compliance statement;
- (f) a fire and emergency file;
- (g) a partial completion strategy.
- (6) In this regulation—
- “category A work” (“gwaith categori A”) means work falling within any one or more of the following descriptions— work which increases or decreases the external height or width of the higher-risk building; work which changes the number of storeys the higher-risk building has (including adding or removing a mezzanine or gallery floor); work which changes the number of flats or residential rooms contained in the higher-risk building; work which changes the number of, or width of, the staircases in a higher-risk building or number of or width of, any other escape route within the building; work to the external wall of a higher-risk building excluding work involving materials of a description specified in regulation 7(3) of the 2010 Regulations; work which changes the internal layout of a higher-risk building; work which affects the passive fire safety measures in common parts of the higher-risk building or which can affect compartmentation of a residential room; work which affects the active fire safety measures that are providing protection to more than one residential room or to common parts in a higher-risk building; work which affects the common parts of a higher-risk building (including the external wall) not otherwise falling within category A;
- “category B work” (“gwaith categori B”) means work which does not fall within category A.
- (7) The requirements of this regulation do not apply to work to existing HRB which consists of—
- (a) scheme work,
- (b) exempt work, or
- (c) work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
Building control approval applications for work to existing HRB: time limit
13
- (1) Where the building control authority receives a building control approval application for work to existing HRB which is valid, it must determine it—
- (a) within 8 weeks beginning with the date the application is received by the building control authority, or
- (b) within such longer period as at any time the building control authority and the applicant agree in writing.
- (2) A building control approval application for work to existing HRB is valid if it complies with regulation 12.
Building control approval applications for work to existing HRB: consultation
14
- (1) Before determining a building control application for work to existing HRB, the building control authority must consult—
- (a) the enforcing authority where the work is—
- (i) category A work, or
- (ii) category B work and Part B of Schedule 1 to the 2010 Regulations imposes requirements in relation to the work, and
- (b) where paragraph H4 of Schedule 1 to the 2010 Regulations imposes requirements in relation to the work, the sewerage undertaker for the building.
- (2) Where the building control authority is required to consult a person under this regulation, it—
- (a) must give the person sufficient plans to show whether the work to existing HRB would, if carried out under those plans, comply with—
- (i) in the case of the enforcing authority, the applicable requirements of Part B (fire safety) of Schedule 1 to the 2010 Regulations, and
- (ii) in the case of the sewerage undertaker, the requirements of paragraph H4 of Schedule 1 to the 2010 Regulations;
- (b) must not determine the application until—
- (i) the end of 15 working days beginning with the date the consultation starts, or
- (ii) the end of such longer period as the building control authority and the person consulted agree in writing.
- (3) In relation to the consultation under paragraph (1)(a), the plans required by paragraph (2)(a) must include—
- (a) for category A work, the fire and emergency file;
- (b) for category B work and where Part B of Schedule 1 to the 2010 Regulations imposes requirements, the fire and emergency file, if provided by the applicant under regulation 4(2) or regulation 12(5), and the fire safety compliance information.
- (4) If all persons consulted express their views before the end of the period referred to in paragraph (2)(b), the prohibition against determining the application ceases to apply on the day after the date on which the last view is received by the building control authority.
- (5) The building control authority is not required to consult under this regulation where it is satisfied following consideration of the application there are sufficient grounds to reject the application.
- (6) In this regulation “category A work” and “category B work” have the meaning given in regulation 12 (building control approval application for work to existing HRB).
Building control approval applications for work to existing HRB: decisions
15
- (1) The building control authority must grant the building control approval sought in a building control approval application for work to existing HRB unless—
- (a) the building control authority does not agree with the client’s assessment in regulation 12(1)(e)(viii)(bb);
- (b) the building control authority is of the opinion that oversight will be required at a different point, be that earlier or later than the point described in the application;
- (c) the application or any document that accompanied the application (or is provided under regulation 12(5))—
- (i) does not comply with the requirements of regulation 12;
- (ii) is not sufficiently detailed in any respect to allow the building control authority to determine whether the work would contravene any applicable requirement of the building regulations;
- (iii) shows that the proposed work would contravene any applicable requirements of the building regulations;
- (iv) shows the strategies, policies or procedures in relation to the work (including in relation to controlled changes, mandatory occurrence reporting, competence of persons or sharing of information and co-operation) would contravene, or would be likely to contravene, the requirements of—
- (aa) regulations 18 to 21 and 27 to 29 (changes to documents or persons);
- (bb) regulations 31, 37 and 38 (golden thread etc.);
- (cc) regulations 32 to 36 (mandatory occurrence reporting);
- (dd) Part 2B (dutyholders and competence) of the 2010 Regulations100;
- (d) when requested pursuant to regulation 12(5), the applicant failed to provide the document requested.
- (2) If one or more of the reasons in paragraph (1) applies, the building control authority may—
- (a) reject the building control approval application for work to existing HRB, or
- (b) with the written consent of the applicant, grant the building control approval sought in the application subject to one or more requirements.
- (3) The types of requirement that may be imposed under paragraph (2)(b) include—
- (a) a requirement to provide a specified plan or document, or a revised version of a specified plan or document, within a specified period;
- (b) a requirement that work does not proceed beyond a specified point until a specified plan or other document, or a revised version of a specified plan or other document has been given to, and approved by, the building control authority.
- (4) The building control authority must notify the applicant of the outcome of the application (and where the applicant is not the client, also give a copy of the notification to the client) within the period referred to in regulation 13(1).
- (5) A notice that the application has been rejected must give the reasons for rejection.
- (6) A notice that the building control approval sought in the application has been granted subject to a requirement must specify the requirement imposed.
- (7) Where a building control approval application for work to existing HRB is successful the effect is that from the date of the notice under paragraph (4)—
- (a) building control approval for the work to existing HRB is granted;
- (b) subject to paragraphs (8) and (9)—
- (i) the description of the proposed work under regulation 12(1)(e) (building control approval applications for work to existing HRB),
- (ii) the plans of the work that accompanied the application, and
- (iii) each of the other documents that accompanied the application and, under regulation 12(5), the building control authority required to be provided,
are approved.
- (8) Where building control approval has been granted subject to a requirement that a plan or document must be revised, the unrevised plan or document is not approved by paragraph (7)(b).
- (9) Where—
- (a) building control approval has been granted subject to a requirement that any plan or document must be revised, and
- (b) the plan or document is revised under the requirement,
then that revised plan or document is approved from the date specified in the approval given by the building control authority for the revision.
- (10) Where building control approval has been granted subject to a requirement of a type described in paragraph (3)(a), the client must ensure that work does not start before the plan or document is provided.
- (11) Where building control approval has been granted subject to a requirement of a type described in paragraph (3)(b)—
- (a) the requirement must set out the points specified in relation to the work and the plans or documents which must be approved for each point;
- (b) the client must ensure work does not proceed beyond the point specified in a requirement until approval by the building control authority in relation to that plan or document has been received.
- (12) Where the building control authority decides not to approve a plan or document under paragraph (11), if requested the building control authority must give the reasons for the decision.
Building control authority’s power to require notifications for work to existing HRB
16
- (1) The building control authority may, by notice in writing, require a client—
- (a) to notify the building control authority, within a specified period, when a specified point of the work to existing HRB has been reached;
- (b) not to cover up specified work for a specified period.
- (2) In this regulation, “specified” means specified by the building control authority in the notice referred to in paragraph (1).
Notice before starting on site and further notice when work is “commenced”
17
- (1) This regulation applies where building control approval for work to existing HRB is granted under regulation 15.
- (2) At least 5 working days before the day on which the work to existing HRB starts, the client, or somebody acting on their behalf must give a notice to the building control authority setting out their intention to start the work and the date that work is to start.
- (3) Within 5 working days after the day on which the work to existing HRB is to be regarded as commenced, the client, or somebody acting on their behalf must give a notice to that effect to the building control authority.
- (4) If the building control authority is not satisfied the work is to be regarded as commenced, it must give the client a notice to that effect (“rejection notice”) within 4 weeks of the date the notice under paragraph (3) is given, and the rejection notice must give reasons for the rejection and what needs to be completed for the work to be regarded as commenced.
- (5) Where a notice is given under paragraph (3) and the period referred to in paragraph (4) expires without a rejection notice being given, the work is to be regarded as commenced.
- (6) If the client accepts the rejection notice they may not give a further notice under paragraph (3) unless, having regard to the reasons given by the building control authority, they are satisfied the work is to be regarded as commenced.
- (7) The client may appeal to the magistrates’ court against the decision of the building control authority to reject the notice provided the appeal is made within 15 working days beginning with the day after the day on which the building control authority gives the rejection notice.
- (8) The magistrates’ court may allow an appeal under paragraph (7) only if it is satisfied that the decision appealed 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;
- (d) that the decision was made without following the procedures set out in the 1984 Act or regulations made under that Act.
- (9) Where a notice under paragraph (2) or (3) is given by someone on behalf of the client, the notice must include a statement signed by the client confirming they agree to the notice being given and that the information contained in it is correct.
- (10) The building control authority may take such steps as it thinks appropriate to check whether the work is to be regarded as commenced, including—
- (a) requiring information;
- (b) laying open of work for inspection.
- (11) For the purposes of paragraphs (3) to (10) regulation 46B of the 2010 Regulations applies to determine whether work is to be regarded as commenced.
PART 3 — Changes before or during construction
Change control
18
- (1) This regulation applies where one or more of the following changes (“controlled change”) is proposed—
- (a) a change to any current plans of any work or proposed work or the carrying out of work except under the current plans;
- (b) a change to any stage of HRB work, including adding or removing a stage;
- (c) a change to any strategies, policies or procedures described in any current agreed document.
- (2) Before any controlled change may be carried out, the client must ensure—
- (a) a record is made of the controlled change under regulation 19, and
- (b) a revised version of any agreed document affected by the controlled change is produced.
- (3) Where the controlled change is a notifiable change, the client or someone acting on behalf of the client must notify the building control authority under regulation 20.
- (4) A notifiable change must not be carried out, and the work to which it relates must not start, until the notification referred to in paragraph (3) has occurred.
- (5) Where the controlled change is a major change, the client must make an application for building control approval in respect of the change (a “change control application”) to the building control authority under regulation 21.
- (6) A major change must not be carried out, and the work to which it relates must not start, until the building control approval sought in the change control application is granted.
- (7) Paragraph (8) applies where two or more controlled changes are related to the same change to the building work (“related changes”) and at least one of those controlled changes is a major change and at least one is a notifiable change.
- (8) Where this paragraph applies—
- (a) all the major changes which are related changes may be included in the same change control application,
- (b) any notifiable changes which are related changes may be included in that change control application, and
- (c) in relation to any change which is a notifiable change, the requirements of regulation 20 (change control: notification requirements) are satisfied by providing details of the change as part of that application.
- (9) Where two or more controlled changes are not related to the same change to the building work they must not be included in the same change control application.
- (10) Paragraph (11) applies where a change control application has been submitted in relation to a proposed change (“the main change”) and it is proposed another controlled change (excluding a change which is only a recordable change) is to be carried out which is consequential on the main change (“a consequential change”) but was not included in an application of the type referred to in paragraph (8).
- (11) Where this paragraph applies—
- (a) a consequential change which is a notifiable change must not be notified under regulation 20;
- (b) a change control application in relation to a consequential change which is a major change must not be made under regulation 21,
until the building control authority has notified the client of the outcome of the change control application in relation to the main change.
- (12) In this regulation—
- “current agreed document” (“dogfen gytunedig gyfredol”) means the document that is an agreed document at the time the controlled change is proposed;
- “current plans” (“planiau cyfredol”) means the plans that are an agreed document at the time the controlled change is proposed.
Change control: record-keeping
19
- (1) The principal contractor (or sole contractor) must create and maintain a document for the purposes of recording information in respect of changes to the project (“change control log”).
- (2) A controlled change must be recorded by entering the following information in the change control log—
- (a) the name of the individual recording the change,
- (b) a description of the proposed change,
- (c) an explanation of the reasons why the change has been proposed,
- (d) whether the change is a recordable change, a notifiable change or a major change,
- (e) a list of the name and occupation of each person, if any, whose advice was sought in relation to the proposed change and a summary of any advice provided,
- (f) an assessment of which agreed document is affected by the proposed change and confirmation that a revised version has been produced under regulation 18(2)(b) (change control), and
- (g) an explanation (a “compliance explanation”), in relation to the proposed change, of how—
- (i) the HRB work, the stage of HRB work or work to existing HRB will, after the proposed change is carried out, comply with all applicable building regulations, and
- (ii) the strategies, policies and procedures in any agreed document (including in relation to controlled changes, mandatory occurrence reporting, competence of persons or sharing of information and co-operation) will, after the proposed change is carried out, comply with the requirements of—
- (aa) this regulation and regulations 18, 20, 21 and 27 to 29 (changes to documents or persons);
- (bb) regulations 31, 37 and 38 (golden thread etc.);
- (cc) regulations 32 to 36 (mandatory occurrence reporting);
- (dd) Part 2B (dutyholders and competence) of the 2010 Regulations101.
Change control: notification requirements
20
- (1) A notice under regulation 18(3) must be in writing, signed by the client or someone acting on their behalf, and must include—
- (a) a description of the proposed controlled change,
- (b) an explanation of the reasons why the change has been proposed,
- (c) a list of the name and occupation of each person, if any, whose advice was sought in relation to the proposed change and a summary of any advice provided,
- (d) an assessment of the agreed documents affected by the proposed change,
- (e) a compliance explanation in relation to the proposed change, and
- (f) where the notification is given by someone on behalf of the client, a statement signed by the client confirming they agree to the notification being given and that the information contained in the application is correct.
- (2) A notice under regulation 18(3) must be accompanied by the revised version of the agreed document produced under regulation 18(2)(b).
- (3) The building control authority may, by notice in writing, require the person giving the notification to provide further information in relation to the proposed controlled change.
- (4) Where a notice under paragraph (2) is given to the person giving the notification, the person must provide the information within 10 working days of receipt of the notice.
Change control applications
21
- (1) A change control application must be made by the client in writing, signed by the applicant, and must include—
- (a) the name, address, telephone number and (if available) email address of the client,
- (b) the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer),
- (c) a statement that the application is made under this regulation, and
- (d) a description of the proposed controlled change.
- (2) The application must be accompanied by—
- (a) an explanation of the reasons why the change has been proposed,
- (b) a list of the name and occupation of each person, if any, whose advice was sought in relation to the proposed change and a summary of any advice provided,
- (c) where the change is to the number of flats or residential rooms, plans showing the number of flats or residential rooms it is proposed the higher-risk building will contain,
- (d) an assessment of the agreed documents affected by the proposed change,
- (e) a compliance explanation in relation to the proposed change, and
- (f) where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct.
- (3) A change control application must be accompanied by the revised version of the agreed document produced under regulation 18(2)(b).
Change control applications: time limit
22
- (1) Where the building control authority receives a change control application which is valid, the building control authority must determine it—
- (a) within 6 weeks beginning with the date the application is received by the building control authority, or
- (b) within such longer period as at any time the building control authority and the applicant agree in writing.
- (2) A change control application is valid if it complies with the requirements of regulation 21.
Change control applications: consultation
23
- (1) Before determining a change control application relating to a controlled change of a kind described in regulation 18(1)(a), the building control authority must consult—
- (a) the enforcing authority for the building or proposed building where Part B of Schedule 1 to the 2010 Regulations imposes requirements in relation to the work to which the controlled change relates, and
- (b) the sewerage undertaker for the building or proposed building where paragraph H4 of Schedule 1 to the 2010 Regulations imposes requirements in relation to the work to which the controlled change relates.
- (2) Where the building control authority is required to consult a person under this regulation it—
- (a) must give the person sufficient plans to show whether the work would, if carried out under those plans, comply with—
- (i) in the case of the enforcing authority, the applicable requirements of Part B (fire safety) of Schedule 1 to the 2010 Regulations, and
- (ii) in the case of the sewerage undertaker, the requirements of paragraph H4 of Schedule 1 to the 2010 Regulations;
- (b) must not determine the application until the end of 15 working days beginning with the date the consultation starts or such longer period as the building control authority and the person consulted agree in writing.
- (3) In relation to the consultation under paragraph (1)(a), the plans given must include the fire and emergency file or, where the work to which the application relates is category B work, the fire safety compliance information.
- (4) If all persons consulted express their views before the end of the period referred to in paragraph (2)(b), the prohibition against determining the application ceases to apply on the day after the date on which the last view is received by the building control authority.
- (5) The building control authority is not required to consult under this regulation where it is satisfied following consideration of the application there are sufficient grounds to reject the application.
- (6) In this regulation, “category B work” has the meaning given in regulation 12(6).
Change control applications: decisions
24
- (1) The building control authority must grant the building control approval sought in a change control application unless the application or any document that accompanied the application—
- (a) does not comply with the requirements of regulation 21;
- (b) is not sufficiently detailed in any respect to allow the building control authority to determine whether the HRB work, the stage of the HRB work or work to existing HRB would contravene any applicable requirement of the building regulations;
- (c) shows the HRB work, the stage of HRB work or work to existing HRB would contravene any applicable requirement of the building regulations;
- (d) shows the strategies, policies or procedures in any agreed document (including in relation to controlled changes, mandatory occurrence reporting, competence of persons or sharing of information and co-operation) would contravene, or would be likely to contravene the requirements of—
- (i) regulation 18 to 21 and 27 to 29 (changes to documents or persons);
- (ii) regulations 31, 37 and 38 (golden thread etc.);
- (iii) regulations 32 to 36 (mandatory occurrence reporting);
- (iv) Part 2B (dutyholders and competence) of the 2010 Regulations102.
- (2) If one or more of the reasons in paragraph (1) applies, the building control authority may—
- (a) reject the change control application, or
- (b) with the written consent of the applicant, grant the building control approval sought in the application subject to one or more requirements.
- (3) The types of requirement that may be imposed under paragraph (2)(b) include—
- (a) a requirement to provide a specified plan or document, or a revised version of a specified plan or document, within a specified period;
- (b) a requirement that work does not proceed beyond a specified point until a specified plan or other document, or a revised version of a specified plan or other document, has been given to, and approved by, the building control authority.
- (4) The building control authority must notify the applicant of the outcome of the change control application (and where the applicant is not the client, also give a copy of the notification to the client) within the period referred to in regulation 22.
- (5) A notice that the application has been rejected must give reasons for rejection.
- (6) A notice that the building control approval sought in the change control application has been granted subject to a requirement must specify the requirement imposed.
- (7) Where a change control application is successful the effect is that from the date of the notice under paragraph (4)—
- (a) building control approval for the change sought in the change control application is granted;
- (b) subject to paragraphs (8) and (9)—
- (i) the description of the proposed controlled change, and
- (ii) the revised version of the agreed document that accompanied the application,
are approved.
- (8) Where building control approval has been granted subject to a requirement that a plan or document must be revised, the unrevised plan or document is not approved by paragraph (7)(b).
- (9) Where—
- (a) building control approval has been granted subject to a requirement that a plan or document must be revised, and
- (b) the plan or document is revised under the requirement,
then that revised plan or document is approved from the date specified in the approval given by the building control authority for the revision.
- (10) Where building control approval sought in the application has been granted subject to a requirement of a type described in paragraph (3)(b)—
- (a) the client must ensure the work does not proceed beyond the point specified in the requirement until approval by the building control authority to the plan or document has been received;
- (b) where a request for approval has been received by the building control authority it must notify the client of the outcome of the request within 6 weeks beginning with the date the request is received by the building control authority or within such longer period as at any time the building control authority and the applicant agree in writing;
- (c) a notice that the request has been rejected must give the reasons for rejection.
- (11) In this regulation, “specified” means specified by the building control authority.
Change control: the building control authority’s power to specify notifiable changes and major changes
25
The building control authority may specify that a particular type of controlled change is a notifiable change or a major change, in relation to specified work, by giving notice in writing to that effect to the client, principal contractor (or sole contractor) and the principal designer (or sole or lead designer) for that work.
Change control: major changes and notifiable changes
26
- (1) In these Regulations—
- “major change” (“newid mawr”) means— in relation to HRB work or a stage of HRB work— a change which is a material change of use to any part of a proposed higher-risk building; a change of the proposed use of any part of a proposed higher-risk building so that after the change the part of the building is to have a use as a car park or cease to have a use as a car park (whether the car park is for the occupiers of the building or otherwise); a change which increases or decreases the external height or width of a proposed higher-risk building; a change to the number of storeys in a proposed higher-risk building (including adding or removing a mezzanine or gallery floor); a change to the structural design or structural loading of the building; a change to the number or width of the staircases in a proposed higher-risk building or a change to the length of any other escape route or the number or width of any escape route (including evacuation lift) within the proposed building; a change to the external wall of a proposed higher-risk building including a wall tie, wall restraint fixing or support system in the wall; a change to any part of the active fire safety measures or passive fire safety measures in a proposed higher-risk building referred to in the fire and emergency file; a change to the layout or dimensions of the common parts within a proposed higher-risk building; a change proposing occupation of any part of the proposed higher-risk building before all work is completed; subject to paragraph (2), a change of any construction product or building element to be used in or on a higher-risk building (or to be used as part of works to a higher-risk building) such that its replacement is of a lower classification under the reaction to fire classification; a change to any assumptions made in the design of a proposed higher-risk building as set out in the Building Regulations compliance statement; a change to the number of flats, residential rooms or commercial units contained in a proposed higher-risk building; in relation to work to existing HRB— a change which is a material change of use to any part of a higher-risk building; a change of the use of any part of a higher-risk building so that after the change the part of the building is to have use as a car park or cease to have a use as a car park (whether the car park is for the occupiers of the building or otherwise); a change which increases or decreases the external height or width of a higher-risk building; a change to the number of storeys in a higher-risk building (including adding or removing a mezzanine or gallery floor); a change to the structural design or structural loading of the building; a change to the number or width of the staircases in a higher-risk building or a change to the length of any other escape route or the number or width of any escape route (including evacuation lift) within the building; a change to the external wall of a higher-risk building including a wall tie, wall restraint fixing or support system in the wall; a change to any part of the active fire safety measures or passive fire safety measures in a higher-risk building referred to in the fire and emergency file; a change to the layout or dimensions of the common parts within a higher-risk building; subject to paragraph (2), a change of any construction product or building element to be used in or on a higher-risk building (or to be used as part of works to a higher-risk building) such that its replacement is of a lower classification under the reaction to fire classification; a change to any assumptions made in the design of a higher-risk building or works to a higher-risk building as set out in the Building Regulations compliance statement; where the building or part of a building is not occupied during the work, a change proposing occupation before all the work is completed; a change to the number of flats, residential rooms or commercial units contained in a higher-risk building; a change specified by the building control authority as a major change by notice given under regulation 25;
- “notifiable change” (“newid hysbysadwy”) means— a change to the construction control plan other than a change to the schedule of appointments contained within it; a change to the change control plan; a change to the layout of a flat or residential room in a proposed higher-risk building or in a higher-risk building; a change to the number or dimensions of any openings in any wall, ceiling or other building element for any pipe, duct or cable; a change to the wall tie, wall restraint fixing or support system in any wall or proposed wall (excluding an external wall); subject to paragraph (2), a change of any construction product or building element to be used in or on a proposed higher-risk building (or to be used as part of works to a higher-risk building) where its replacement is of the same or higher classification under the reaction to fire classification; any other change to the fire and emergency file or fire safety compliance information; a change specified by the building control authority as a notifiable change by notice given under regulation 25; a change to the partial completion strategy; a change to a staged work statement or a subsequent stages statement.
- (2) Where an agreed document specifies use of a construction product or building element falling within a specified class, the change to another product or element falling within the same design specification is a recordable change.
- (3) In this regulation—
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.