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

Building control approval applications for HRB work or stage of HRB work E+W

4.—(1) A building control approval application for HRB work 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) where HRB work consists of work to an existing building, a description of the existing 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;

(e) a description of the proposed HRB work, including—

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

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

(iii) the 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;

(iv) the number of flats, the number of residential rooms and the number of commercial units it is proposed the higher-risk building will contain;

(v) the provision to be made for the drainage of the higher-risk building;

(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 as to when it is proposed the work is to be regarded as commenced in accordance with regulation 46A (lapse of building control approval: commencement of work) of the 2010 Regulations(2).

(2) A building control approval application for HRB work 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, 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) (i) such other plans as necessary to show that the HRB work would comply with all applicable requirements of the building regulations(3);

(ii) a competence declaration;

(iii) a construction control plan;

(iv) a change control plan;

(v) a mandatory occurrence reporting plan;

(vi) a Building Regulations compliance statement;

(vii) a fire and emergency file;

(viii) where the applicant proposes occupation of part of the building before completion of the HRB work, a partial completion strategy;

(c) 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) A building control approval application for a stage of HRB work must be made in writing, signed by the applicant, and must—

(a) include the information required by paragraph (1);

(b) where the application relates to the first stage of the work—

(i) be accompanied by a statement (“staged work statement”) setting out a detailed description of the first stage and of the subsequent stages of the project (including an estimate of the time when each stage will start);

(ii) be accompanied by the documents referred to in paragraph (2) with the following modifications—

(aa) the plans referred to in paragraph (2)(b)(i) are such plans as necessary to show that the work for the first stage would comply with all applicable requirements of the building regulations and a summary of plans for the work beyond that stage;

(bb) the Building Regulations compliance statement referred to in paragraph (2)(b)(vi) must set out the design principles and building standards to be applied to the work for the first stage and a summary of the design principles and building standards to be applied beyond that stage;

(c) where the application relates to a stage after the first stage—

(i) be accompanied by a statement (“subsequent stages statement”) setting out a detailed description of the stage to which the application relates and of the other stages of the project (including an estimate of the time when each remaining stage will start);

(ii) be accompanied by the documents referred to in paragraph (2) with the following modifications—

(aa) the plans referred to in paragraph (2)(b)(i) are such plans as necessary to show that the work comprised in the stage to which the application relates would comply with all applicable requirements of the building regulations and a summary of plans for work beyond that stage;

(bb) the Building Regulations compliance statement referred to in paragraph (2)(b)(vi) must set out the design principles and building standards to be applied to the work comprised in the stage to which the application relates and a summary of the design principles and building standards to be applied beyond that stage.

Commencement Information

I1 Reg. 4 in force at 1.10.2023, see reg. 1(1)

(1)

S.I. 2023/275.

(2)

Regulation 46A was inserted into the 2010 Regulations by the Building Regulations etc. (Amendment) (England) Regulations 2023.

(3)

See the definition in section 122 of the Building Act 1984.