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

October 2023: HRB work and work to existing HRB E+W

1.—(1) Subject to sub-paragraph (5) and the requirements of paragraphs 2 and 4 to 11, this paragraph applies where before 1st October 2023—

(a) an initial notice, in relation to HRB work or work to existing HRB for a particular building, has been given to a local authority and before that date is accepted or deemed to be accepted under section 47 of the 1984 Act, or

(b) full plans, in relation to HRB work or work to existing HRB to a particular building, were deposited with a local authority.

(2) Where this paragraph applies, notwithstanding the commencement of section 32 of the Building Safety Act 2022, on 1st October 2023 the local authority for the area continues to be the building control authority(1) in relation to the higher-risk building and accordingly the duties and functions of local authorities under section 91 of the 1984 Act(2) continue to apply in relation to that work as if it were not higher-risk building work.

(3) Where this paragraph applies—

(a) in a case where full plans have been deposited—

(i) Parts 2 to 6 of these Regulations do not apply to that work, and

(ii) the 2010 Regulations continue to apply to that work, including the amendments made to the 2010 Regulations by the Building Regulations etc. (Amendment) (England) Regulations 2023, but subject to Part 4 (transitional, supplementary and saving provisions) of the Building Regulations etc. (Amendment) (England) Regulations 2023;

(b) in a case where an initial notice has been given—

(i) Parts 2 to 6 of these Regulations do not apply to that work, and

(ii) the 2010 Regulations and the Building (Approved Inspectors etc.) Regulations 2010 continue to apply to the work, including the amendments made to those Regulations by the Building Regulations etc. (Amendment) (England) Regulations 2023 and the Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023 but subject to Part 4 (transitional, supplementary and saving provisions) of the Building Regulations etc. (Amendment) (England) Regulations 2023 and Part 4 (transitional, supplementary and saving provisions) of the Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023.

(4) In addition to the continuing application of the provisions referred to in sub-paragraph (3), not more than five working days after the day on which the work is to be regarded as sufficiently progressed the person carrying out the work must give a notice to that effect to the local authority and where sub-paragraph (1)(a) applies in relation to the work, give a copy of the notice to the approved inspector.

(5) Sub-paragraphs (1) to (4) cease to apply in relation to the work where before 6th April 2024—

(a) the approval for the work lapses by virtue of section 32 of the 1984 Act (as that provision had effect immediately before 1st October 2023), or

(b) the initial notice for the work, or the part of that notice which relates to the higher-risk building, is cancelled under section 52(5) of the 1984 Act (as that provision had effect immediately before 1st October 2023),

and paragraph 3 applies instead to the work.

(6) For the purposes of this paragraph work is to be regarded as sufficiently progressed—

(a) where the building work consists of the construction of a higher-risk building, when the pouring of concrete for—

(i) the permanent placement of the trench, pad or raft foundations, or

(ii) the permanent placement of piling,

for that building has started;

(b) where the building work consists of work to an existing building, when that work has started;

(c) where the building work consists of a material change of use of a building, when work to effect that change of use has started.

(7) Where the work consists of work in relation to more than one higher-risk building then sub-paragraph (4) applies to each building separately.

Commencement Information

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

(1)

See section 121A of the Building Act 1984 for the definition of “building control authority”, which was inserted by section 32 of the Building Safety Act 2022 (c. 30).

(2)

1984 c. 55. Section 91 is amended by section 32 of the Building Safety Act 2022 (c. 30).