October 2023 Building Control Changes
Building control update
The Building Safety Act 2022 regime comes into force on 1 October 2023. The act makes provision for the safety of people in and about the buildings. It makes amendments to the Building Act 1984 and creates a new regulator that sits under the Health Safety Executive. The new building regulations regime requires that any residential building at least 18m in height or 7 storeys with two or more dwellings will now be overseen by the new Building Safety Regulator. (As defined in the act section 120D of the Building Act 1984 and Section 31 and 65 of the Building safety Act 2022). The Local Authority will no longer be the building control body for these types of buildings.
So, if you plan to build a new high risk building. Or plan to create changes through a material change of use or alteration/extension or carry out work on an existing HRB. You will need to submit your application to the building safety regulator for approval.
Under this new regime the local authority may provide help to the Building Safety Regulator (BSR) if required under section 13 of the Building Safety Act 2022.
High Risk Buildings (HRB)
Secondary legislation which applies to the new building control framework. The following regulations come into force on 1 October 2023:
Background and what has changed
The Government has published amendments to the Building Regulations. These will apply to all applications for building control consent from 1 October 2023.
In addition, the Government has formed a new regulatory body within the Health and Safety Executive (HSE) called the Building Safety Regulator (BSR). The BSR will oversee many aspects of building safety, including Building Regulations and Building Control.
If you, or someone on your behalf, have submitted a building control application, you have new legal responsibilities from 1 October 2023 as a Client, Designer or Contractor. You must follow these legal procedures so that your building control application can be considered.
If you do not follow the procedures prescribed for your role, it will result in your application being rejected or reverted to local council control, which will require the same information.
Registered Building Control Approvers
Approved inspectors are independently monitored and regulated by the Construction Industry Council Approved Inspector Register (CICAIR) under the Building Act 1984. Under the new building control system all Approved Inspectors will need to become Registered Building Control Approvers (RBCA) which requires registration with the BSR.
The registration process will begin in October 2023 with all Approved Inspectors expecting to have applied for registration before 6 April 2024 when this becomes a requirement.
Registered Building Inspectors
Building control is to become a regulated profession, meaning that the job title ‘Building Inspector’ will be protected in law. There is a requirement for certain qualifications or experience to be held by individuals working within the profession. They will need to register with the regulator (BSR) as Registered Building Inspectors (RBIs). This will become a requirement from April 2024 and applies to individuals within Local Authorities and those working for Approved Inspectors.
Building control approval applications
Before building work starts, a Building Control Approval Application must be submitted to BSR and approved. Work cannot commence without approval.
The applicant must articulate how any standard or document cited in support of the application allows functional requirements to be achieved. Please note that any information in support of an application is the golden thread of information.
The client has a high-level overall responsibility for ensuring the arrangements are in place. This is to create and manage the golden thread through design and construction. However it is the Principal Designer who will manage the golden thread on a day-to-day basis throughout the design phase of the project.
The list of (anticipated) documents that must accompany an application include:
- a competence declaration
- a building regulations compliance statement
- a fire and emergency file
- a construction control plan
How you can prepare
The technical functional requirements of building regulations are not changing. What is changing is the application process and the level of information required at the critical stages.
You must consider the whole process from the outset.
This means that before you submit a building control approval application, you must review how you are going to:
- construct your scheme
- manage change
- meet the functional requirements of the building regulations
You must take a holistic approach for the whole project – from design to completion, and from procurement to handover.
We hope you have found this blog about October 2023 Building Control Changes useful. If you want any more information on these changes drop us an email, complete a contact form or give us a call on 01923 896550.
