Modifications etc. (not altering text)
C1Pts. 2-6 excluded (temp.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 46(2)(c)
10.—(1) Where work to existing HRB consists only of emergency repairs and it is not practicable to comply with regulation 11(1) (building control approval for work to existing HRB) before starting the work, the client must—
(a)give a notice to that effect to the regulator, 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 regulator 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;
“responsible person” has the meaning given in article 3 of the Regulatory Reform (Fire Safety) Order 2005.
11.—(1) Subject to paragraph (2), before any person starts any work to existing HRB the client in relation to that work (in this Chapter “the applicant”) must—
(a)submit an application for building control approval in relation to the work to the regulator (a “building control approval application for work to existing HRB”) in accordance with 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 in accordance with the building control approval must be fulfilled before the work is started, and
(d)notify the regulator of the date on which the work is to start in accordance with 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.
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 in accordance with regulation 5 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023(1);
(iii)the number of storeys it has as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;
(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 in accordance with regulation 5 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;
(iii)where the number of storeys in the higher-risk building is changing, the number of storeys as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;
(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—
(aa)the date when it is proposed the work will reach the point when it is to be regarded as commenced in accordance with regulation 46A (lapse of building control approval: commencement of work) of the 2010 Regulations; and
(bb)except in cases where paragraph (2) or (3) of regulation 46A of the 2010 Regulations applies, details of the work which the client considers amounts to 15% of the proposed work.
(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)such 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 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)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 mentioned 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)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 mentioned in paragraph (1)(d).
(5) In relation to an application for work to existing HRB where the work consists of category B work, the regulator 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” 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 which changes the number of, or width of, any other escape route within the building;
work to the external wall of a higher-risk building excluding work or 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 the higher-risk building;
work which affects the active fire safety measures 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” 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 only of—
(a)scheme work;
(b)exempt work, or
(c)work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
13.—(1) Where the regulator receives a building control approval application for work to existing HRB which is valid the regulator must—
(a)notify the applicant to that effect, and
(b)determine it within 8 weeks beginning with the date the application is received by the regulator or within such longer period as at any time the regulator and the applicant agree in writing.
(2) Where the regulator receives a building control approval application for work to existing HRB which is not valid the regulator must notify the applicant to that effect giving reasons (and where the applicant is not the client, also give a copy of the notification to the client).
(3) 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).
14.—(1) Before determining a building control approval application for work to existing HRB the regulator must consult—
(a)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,
the enforcing authority (within the meaning of article 25 of the Regulatory Reform (Fire Safety) Order 2005(2)) for the 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 building.
(2) Where the regulator is required to consult a person under this regulation the regulator—
(a)must give the person sufficient plans to show whether the work to existing HRB would, if carried out in accordance with 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 expiry of a period of 15 working days beginning with the date the consultation starts or such longer period as the regulator and the person consulted agree in writing.
(3) In relation to the consultation under paragraph (1)(a) the plans given must include—
(a)for category A work, the fire and emergency file;
(b)for 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) then the prohibition against determining the application ceases to apply on the day after the date on which their views are received by the regulator.
(5) The regulator 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 meanings given in regulation 12 (building control approval applications for work to existing HRB).
15.—(1) The regulator must grant the building control approval sought in a building control approval application for work to existing HRB unless—
(a)the application or any document that accompanied the application (or is provided under regulation 12(5) (building control approval applications for work to existing HRB))—
(i)does not comply with the requirements of regulation 12 (building control approval applications for work to existing HRB) or any direction relating to the application or the document given by the regulator under regulation 59 (electronic submission and directions);
(ii)is not sufficiently detailed in any respect to allow the regulator to determine whether the work would contravene any applicable requirement of the building regulations;
(iii)shows that—
(aa)the proposed work would contravene any applicable requirement of the building regulations;
(bb)in a case where details are provided under regulation 12(1)(e)(viii)(bb), the work set out in the details would not in the regulator’s opinion amount to 15% of the work;
(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 26 to 29 (changes to documents or persons);
(bb)regulations 31, 38 and 39 (golden thread etc);
(cc)regulations 32 to 37 (mandatory occurrence reporting);
(dd)Part 2A (dutyholders and competence) of the 2010 Regulations;
(b)when requested pursuant to regulation 12(5) (building control approval applications for work to existing HRB), the applicant failed to provide the document requested.
(2) If one or more of the reasons in paragraph (1) applies, the regulator 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 regulator.
(4) The regulator 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 (building control approval applications for work to existing HRB: validity and time limit).
(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) If requested by the applicant, the regulator must provide a paper copy of the notice of building control approval.
(8) 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 (9) and (10)—
(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, in accordance with regulation 12(5) (building control approval applications for work to existing HRB), the regulator required to be provided,
are approved.
(9) 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 (8)(b).
(10) 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 in accordance with the requirement,
paragraph (8)(b) applies in relation to the revised plan or document.
(11) 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.
(12) 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 the approval by the regulator in relation to that plan or document has been received.
(13) If requested by the client, the regulator must provide a paper copy of the approval referred to in paragraph (12)(b).
(14) Where the regulator decides not to approve a plan or document under paragraph (12) if requested the regulator must give the reasons for the decision.
16.—(1) The regulator may, by notice in writing, require a client—
(a)to notify the regulator, 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 regulator in the notice referred to in paragraph (1).
17.—(1) This regulation applies where building control approval for work to existing HRB is granted under regulation 15 (building control approval applications for work to existing HRB: decisions).
(2) At least five working days before the day on which the work to existing HRB starts, the client must give a notice to the regulator setting out their intention to start the work and the date that work is to start.
(3) Not more than five working days after the day on which the work to existing HRB is to be regarded as commenced the client must give a notice to that effect to the regulator.
(4) If the regulator is not satisfied the work is to be regarded as commenced it must give the client a notice to that effect (“rejection notice”) within four weeks of the date the notice under paragraph (3) is given, and the rejection notice must give the reasons for rejection.
(5) Where a notice is given under paragraph (3) and the period referred to in paragraph (4) expires without a rejection notice being given, then 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 regulator, they are satisfied the work is to be regarded as commenced.
(7) The client may appeal to the First-tier Tribunal against the decision of the regulator to reject the notice provided the appeal is made within 21 relevant days beginning with the day after the day on which the regulator gives the rejection notice.
(8) The First-tier Tribunal 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.
(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 regulator may take such steps, including—
(a)requiring information;
(b)laying open of work for inspection,
as it thinks appropriate to check whether the work is to be regarded as commenced.
(11) For the purposes of paragraphs (3) to (10) the provisions of regulation 46A (lapse of building control approval: commencement of work) of the 2010 Regulations apply to determine whether work is to be regarded as commenced.
S.I. 2005/1541 to which there are amendments not relevant to this provision.