The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023

From April 2024: cases of work not sufficiently progressed with full plans E+W

9.—(1) This paragraph applies where in relation to work to a particular building paragraph 1 applies in respect of work for which full plans were deposited but a notice under paragraph 1(4) (notice that work had sufficiently progressed) was not received by a local authority in relation to the building before 6th April 2024.

(2) Where this paragraph applies, with effect from 6th April 2024 the regulator, and not the local authority for the area, is the building control authority in relation to the higher-risk building and accordingly the duties and functions of the regulator under section 91 of the 1984 Act apply in relation to the work to the higher-risk building (but not in relation to any other work specified in the full plans).

(3) Where this paragraph applies the person intending to carry out the work must, within 4 weeks beginning with 6th April 2024, give to the regulator a notice setting out—

(a) the name and address of the building;

(b) the name, address, telephone number and (if available) email address of the client, the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(c) details of the work to be carried out;

(d) details of the intended use of the higher-risk building, including the intended use of each storey;

(e) the proposed height of the higher-risk building as determined in accordance with regulation 5 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;

(f) the proposed number of storeys in the higher-risk building as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;

(g) the proposed number of flats, number of residential rooms and number of commercial units to be contained in the higher-risk building;

(h) the provision to be made for the drainage of the building;

(i) 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;

(j) the steps to be taken to comply with any local enactment that applies;

(k) details of the work which has been carried out together with a summary of the inspections undertaken by the local authority in relation to the work.

(4) The notice under sub-paragraph (3) must be accompanied by—

(a) a plan to a scale of not less than 1:1250 showing—

(i) the size and position of the proposed 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) where work has started, a copy of the notice given to the local authority under regulation 16(1) (commencement notice) of the 2010 Regulations;

(c) such other documents or plans which were provided to the local authority by the person intending to carry out the work for the purpose of demonstrating the compliance of the work or the proposed work with applicable requirements of the building regulations;

(d) a statement setting out—

(i) any conditions imposed on the full plans;

(ii) any changes (including any conditions related to the changes), agreed with the local authority, to the full plans;

(iii) any work carried out otherwise than in accordance with the full plans (including otherwise than in accordance with any condition impose on the plans);

(e) copy of any report produced by the local authority in relation to each inspection of the work together with a copy of any notes and photographs relating to the inspections;

(f) a statement setting out details of any enforcement action taken by the local authority in relation to the work.

(5) The person intending to carry out the work must give a copy of the notice to the local authority.

(6) Where this paragraph applies, with effect from 6th April 2024—

(a) the 2010 Regulations continue to apply to the work, but subject to—

(i) Part 4 (transitional, supplementary and saving provisions) of the Building Regulations etc. (Amendment) (England) Regulations 2023;

(ii) the modifications set out in paragraph (7);

(b) subject to the modifications in paragraph (c), additionally the following provisions of these Regulations apply in relation to the work—

(i) regulation 8 (regulator’s power to require notifications etc for HRB work or stage of HRB work);

(ii) where work has not started, regulation 9(2) (notice before work);

(iii) regulation 9(3) (notice when work has commenced);

(iv) regulation 16 (regulator’s power to require notifications etc for work to existing HRB);

(v) where work has not started, regulation 17(2) (notice before work);

(vi) regulation 17(3) (notice when work has commenced);

(vii) regulations 18 (except paragraphs (3) and (4)), and 19 to 29 (change control etc) but as if—

(aa) any reference to an agreed document were a reference to the full plans;

(bb) sub-paragraphs (xi) and (xii) in paragraph (a), and sub-paragraphs (xi) and (xii) in paragraph (b), of the definition of “major change” in regulation 26 were omitted;

(cc) paragraphs (a) and (b) of the definition of “notifiable change” in regulation 26 were omitted;

(viii) regulation 31 (golden thread), but as if regulation 31(1) required the client to establish the electronic facility—

(aa) within 45 days beginning with 6th April 2024, or

(bb) before a completion certificate application or a partial completion certificate application is submitted,

whichever occurs first;

(ix) regulation 32 (mandatory occurrence reporting system), but as if the reference to establishing the system before the construction phase begins were a reference to establishing it within 10 days beginning with 6th April 2024;

(x) regulations 33 to 37 (mandatory occurrence reporting) but as if any reference to an agreed document is to be treated as a reference to the full plans;

(xi) regulations 38 and 39 (handover of information on completion etc);

(xii) regulation 40 (completion certificate applications) but as if paragraphs (i), (ii) and (iii) of paragraph (2)(d) were omitted;

(xiii) regulations 41 to 44 (completion certificates etc);

(xiv) regulation 45 (partial completion certificate applications) but as if paragraphs (i), (ii) and (iii) of paragraph (3)(c) were omitted;

(xv) regulation 46 (inspections etc);

(xvi) regulations 48 to 56 (reviews and appeals etc) but only to the extent those provisions apply in relation to a change control application or completion certificate application or a partial completion certificate application;

(xvii) regulation 58 (requirement for completion certificate before occupation);

(xviii) regulation 59 (electronic submission and directions);

(c) any reference in regulations 23, 26, 40, 42 and 45 to a “fire and emergency file” were a reference to a document 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 in relation to the higher-risk building or proposed higher-risk building.

(7) The 2010 Regulations have effect with the following modifications—

(a) as if any reference in any provision to a local authority, however so expressed, were a reference to the regulator;

(b) as if regulations 16(3) to (5), 17, 17A, 18, 18A, 18B, 38, 39, 40, 40A and 40B of the 2010 Regulations were omitted.

(8) Where the regulator receives any document under sub-paragraph (6) it may, by notice in writing, require the client—

(a) to provide further information specified in the notice by the time specified in the notice;

(b) to take such steps (including tests) as are specified in the notice by the time specified in the notice to demonstrate the work will comply with all applicable requirements of the building regulations.

(9) Where a notice is given to the client under sub-paragraph (8), that person must not start or, as the case may be, continue the work to which the notice relates for a period of 10 days beginning on the day after the day on which the notice is received.

Commencement Information

I1 Sch. 3 para. 9 in force at 1.10.2023, see reg. 1(1)