The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 No. 909

PART 3 E+W Changes before or during construction

Modifications etc. (not altering text)

C1 Pts. 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)

Change control: major changes and notifiable changes E+W

26.—(1) In regulations 18 to 25—

“major change” means—

(a)

in relation to HRB work or a stage of HRB work—

(i)

a change which is a material change of use to any part of a proposed higher-risk building;

(ii)

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);

(iii)

a change which increases or decreases the external height or width of a proposed higher-risk building;

(iv)

a change to the number of storeys in a proposed higher-risk building (including adding or removing a mezzanine or gallery floor);

(v)

a change to the structural design or structural loading of the building;

(vi)

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;

(vii)

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;

(viii)

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;

(ix)

a change to the layout or dimensions of the common parts within a proposed higher-risk building;

(x)

subject to paragraph (2), a change of any construction product or building element to be used in or on a proposed higher-risk building such that its replacement is of a lower classification under the reaction to fire classification (within the meaning in regulation 2(6) of the 2010 Regulations(1));

(xi)

a change to any assumptions made in the design of a proposed higher-risk building as set out in the Building Regulations compliance statement;

(xii)

a change proposing occupation of any part of the proposed higher-risk building before all the work is completed;

(xiii)

a change to the number of flats, residential rooms or commercial units contained in a proposed higher-risk building;

(b)

in relation to work to existing HRB—

(i)

a change which is a material change of use to any part of a higher-risk building;

(ii)

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 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);

(iii)

a change which increases or decreases the external height or width of a higher-risk building;

(iv)

a change to the number of storeys in a higher-risk building (including adding or removing a mezzanine or gallery floor);

(v)

a change to the structural design or structural loading of the building;

(vi)

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;

(vii)

a change to the external wall of a higher-risk building including a wall tie, wall restraint fixing or support system in the wall;

(viii)

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;

(ix)

a change to the layout or dimensions of the common parts within a higher-risk building;

(x)

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 (within the meaning in regulation 2(6) of the 2010 Regulations);

(xi)

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;

(xii)

where the building or part of a building is not occupied during the work, a change proposing occupation before all the work is completed;

(xiii)

a change to the number of flats, residential rooms or commercial units contained in a higher-risk building;

(c)

a change specified by the regulator as a major change by notice given in accordance with regulation 25 (change control: regulator power to specify notifiable changes and major changes);

“notifiable change” means—

(a)

a change to the construction control plan other than a change to the schedule of appointments contained within it;

(b)

a change to the change control plan;

(c)

a change to the layout of a flat or a residential room in a proposed higher-risk building or in a higher-risk building;

(d)

a change to the number or dimensions of any openings in any wall, ceiling or other building element for any pipe, duct or cable;

(e)

a change to the wall tie, wall restraint fixing or support system in any wall or proposed wall (excluding an external wall);

(f)

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 (within the meaning in regulation 2(6) of the 2010 Regulations);

(g)

any other change to the fire and emergency file or the fire safety compliance information;

(h)

a change specified by the regulator as a notifiable change by notice given in accordance with regulation 25 (change control: regulator power to specify notifiable changes and major changes);

(i)

a change to the partial completion strategy;

(j)

a change to a staged work statement or a subsequent stages statement (as defined in regulation 4(3)).

(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.

Commencement Information

I1 Reg. 26 in force at 1.10.2023, see reg. 1(1)

(1)

Paragraph (6) was inserted into regulation 2 of the 2010 Regulations by S.I. 2018/1230 and amended by S.I. 2022/603.