The Building (Registered Building Control Approvers etc.) (England) Regulations 2024

These Regulations may be cited as the Building (Registered Building Control Approvers etc.) (England) Regulations 2024.

These Regulations extend to England and Wales and apply in England only.

These Regulations come into force on 6th April 2024.

In these Regulations—

• “the 1984 Act” means the Building Act 1984;

• “the 2022 Act” means the Building Safety Act 2022;

• “the 2010 Regulations” means the Building Regulations 20104;

• “application for building control approval with full plans” has the same meaning as given in the 2010 Regulations;

• “approver” means a registered building control approver5;

• “building” has the same meaning as given in the 2010 Regulations;

• “building work” has the same meaning as given in the 2010 Regulations;

• “controlled service or fitting” means a service or fitting in relation to which Part G, H, J or L of Schedule 1 to the 2010 Regulations imposes a requirement;

• “dwelling-house” does not include a flat or a building containing a flat;

• “flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;

• “FSO building” has the meaning given in regulation 9 (consultation with the fire and rescue authority);

• “material alteration” has the same meaning as given in the 2010 Regulations;

• “material change of use” has the same meaning as given in the 2010 Regulations;

• “new dwelling” includes a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(a), (b) or (g) of the 2010 Regulations;

• “optional requirement” has the meaning given in regulation 2(1) of the 2010 Regulations;

• “relevant day” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971;

• “working day” means any period of 24 hours commencing at midnight and excludes Saturdays, Sundays, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 19716.

In these Regulations “client”, “contractor”, “designer”, “domestic client”, “principal contractor”, “principal designer”, “sole contractor” and “sole or lead designer” have the meanings given in the 2010 Regulations.

Where any provision in these Regulations requires the use of a numbered form in Schedule 1, a form substantially to the like effect may be used.

Any reference in these Regulations to the carrying out of work includes a reference to the making of a material change of use.

Any reference in these Regulations to an initial notice7 (whether or not combined with a plans certificate8) is to be construed as a reference to that initial notice as amended by an amendment notice9 which has been accepted by a local authority.

Approvers must have no professional or financial interest in the work they supervise.

For so long as an initial notice continues in force, the approver who gave the notice must take such steps (which may include the making of tests of building work and the taking of samples of material) as are reasonable to enable the approver to be satisfied within the limits of professional skill and care that the provisions specified in paragraph (2) (as modified by regulation 5 (modifications of 2010 Regulations etc.)) are complied with.

The 2010 Regulations apply with the modifications in paragraphs (2) to (11).

Subject to paragraph (3), regulations 20 (provisions applicable to self-certification schemes), 20A (provisions applicable to third party certification schemes), 25A (consideration of high-efficiency alternative systems for new buildings), 42 (mechanical ventilation air flow rate testing) and 43 (pressure testing) apply in relation to building work which is the subject of an initial notice as if references to the building control authority were references to the approver.

The modification in paragraph (2) does not apply to the reference to building control authority in regulation 20(6A), 20A(7A), 25A(3A), 42(4) or 43(6).

An initial notice must be accompanied by the plans and documents described in the relevant form prescribed by paragraph (1).

The grounds on which a local authority must reject an initial notice are those prescribed in Schedule 2 and the form to be used for rejecting an initial notice (whether combined with a plans certificate or otherwise) is form 7 in Schedule 1.

The period within which a local authority may give notice of rejection of an initial notice is five working days beginning with the day on which the notice is given.

Paragraph (2) applies where a document which purports to be an initial notice, amendment notice, plans certificate or final certificate (“the original document”) is given to a local authority and the local authority is satisfied that all or part of the work to which the original document relates is higher-risk building work13.

Where this paragraph applies the local authority must, as soon as is reasonably practicable, give a notice to the approver and the person intending to carry out the work (and where that person is not the client, the client) and the form to be used for the notice is form 6 in Schedule 1.

Where a document which purports to be an initial notice, amendment notice, plans certificate or final certificate (“the original document”) is given to a local authority and the local authority is satisfied that all or part of the work to which the original document relates is outside the scope of the approver’s registration then the authority must, as soon as is reasonably practicable, give a notice to the approver and the person intending to carry out the work (and where that person is not the client, the client) and the form to be used for the notice is form 6 in Schedule 1.

Where a document which purports to be an initial notice (“the original notice”) is given to a local authority and the local authority is satisfied that the original notice is given in breach of section 53D(5) of the 1984 Act then the authority must, as soon as is reasonably practicable, give a notice to the approver and the person intending to carry out the work (and where that person is not the client, the client) and the form to be used for the notice is form 6 in Schedule 1.

The prescribed form of an amendment notice14 is form 2 in Schedule 1.

An amendment notice must be accompanied by the plans and documents described in the form prescribed by paragraph (1).

The grounds on which a local authority must reject an amendment notice are those prescribed in paragraphs 1 to 11 of Schedule 2 and the form to be used for rejecting an amendment notice is form 7 in Schedule 1.

The period within which a local authority may give notice of rejection of an amendment notice is five working days beginning with the day on which the notice is given.

This regulation applies where an initial notice is to be given or has been given in relation to the erection, extension or material alteration of an FSO building or in relation to building work in connection with a relevant change of use of a building and Part B of Schedule 1 to the 2010 Regulations imposes requirements in relation to the work.

Where a local enactment would, if an application for building control approval with full plans were submitted or granted in accordance with building regulations, require the local authority to consult the fire and rescue authority before or during the carrying out of any work, the approver must consult the fire and rescue authority in a manner similar to that required by the enactment.

In this regulation—

• “FSO building” is a building or any part of it to which the Regulatory Reform (Fire Safety) Order 200515 applies, or will apply after the completion of building work;

• “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building or any part of it;

• “relevant amendment notice” is an amendment notice where any of the work specified in the initial notice, as varied by the amendment notice, being work which could not have been carried out under the original notice (“additional work”), concerns the erection, extension or material alteration of an FSO building or is building work in connection with a relevant change of use of a building and Part B of Schedule 1 to the 2010 Regulations imposes requirements in relation to the additional work.

This regulation applies where an initial notice or amendment notice is to be given or has been given in respect of work in relation to which paragraph H4 of Schedule 1 to the 2010 Regulations imposes requirements.

In this regulation “sewerage undertaker” means a person appointed under section 6 of the Water Industry Act 199116 for the area in which the building is, or is to be, situated.

The grounds on which a local authority must reject a plans certificate which is not combined with an initial notice are those prescribed in Schedule 3 and the form to be used for rejecting a plans certificate is form 7 in Schedule 1.

The grounds on which a local authority must reject a plans certificate combined with an initial notice are those prescribed in Schedules 2 and 3 and the form to be used for rejecting a plans certificate is form 7 in Schedule 1.

The period within which a local authority may give notice of rejection of a plans certificate (whether or not combined with an initial notice) is five working days beginning on the day on which the certificate is given.

The prescribed form of a final certificate18 is form 5 in Schedule 1.

The grounds on which a local authority must reject a final certificate are those prescribed in Schedule 4 and the form to be used for rejecting a final certificate is form 7 in Schedule 1.

The period within which a local authority may give notice of rejection of a final certificate is ten working days beginning with the day on which the certificate is given.

A final certificate given by an approver to a local authority in accordance with these Regulations is evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

At least two working days before the day on which building work starts, the person carrying out the work must give a notice to the approver shown on the initial notice relating to the building work setting out their intention to start the work and the date that work is to start.

Not more than five working days after the day on which the work is to be regarded as commenced the person carrying out the work must give a notice to that effect to the approver.

If the approver is not satisfied the work is to be regarded as commenced they must give the person carrying out the work a notice to that effect (“rejection notice”) within four weeks of the date the notice under paragraph (2) is given, and the rejection notice must give the reasons for rejection.

Where a notice is given under paragraph (2) and the period referred to in paragraph (3) expires without a rejection notice being given, then the work is to be regarded as commenced.

If the person carrying out the work accepts the rejection notice they may not give a further notice under paragraph (2) unless, having regard to the reasons given by the approver, they are satisfied the work is to be regarded as commenced.

A person who gave the notice under paragraph (2) may appeal to the First-tier Tribunal against the decision of the approver to reject the notice provided the appeal is made within 21 relevant days beginning with the day after the day on which the approver gives the rejection notice.

For the purposes of paragraphs (2) to (8), the provisions of regulation 16 (lapse of initial notices: commencement of work) apply to determine whether work is to be regarded as commenced.

For the purposes of section 53A(6) of the 1984 Act (lapse of initial notice) work is to be regarded as commenced in accordance with the following paragraphs.

Where the work consists of the construction of a complex building, work is to be regarded as commenced in relation to that building or the first stage of building work for that building when the foundations supporting the building and the structure of the lowest floor level of that building (but not the other buildings or structures to be supported by those foundations) are completed.

Where the work consists of any other building work then work is to be regarded as commenced when the initial work is completed.

In this regulation—

• “approved plans” means plans which were part of or accompanied the initial notice, or plans to which a plans certificate referred;

• “complex building” means—

  1. a

     a building which is to be constructed on the same foundation plinth or podium as any other building or structure,

  2. b

     a building which has more than one storey below ground level,

  3. c

     a building where its proposed use is primarily as a public building where the public or a section of the public has access to the building (whether or not on payment) provided that the building has a capacity for 100 or more visitors;

• “initial work” means the work set out in the initial notice which the client considers amounts to 15% of all the work described in the initial notice;

• “public building” means—

  1. a

     a shop or shopping centre;

  2. b

     premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall;

  3. c

     a stadium, theatre, cinema, concert hall;

  4. d

     a sports ground;

  5. e

     an exhibition hall or conference centre;

  6. f

     a hospital or premises for the provision of health care.

This paragraph applies where, in relation to any building work, the client appoints a principal contractor (or sole contractor) or a principal designer (or sole or lead designer).

Where the outgoing dutyholder has not received the information required under paragraph (3)(b) by the time the notice under paragraph (3)(c) is to be given and DC does not have the information, the statement given by PA under paragraph (3)(c)(iii) must also include an explanation to that effect.

A notice required under paragraph (2) or (3)(c) must be given to the approver within the period of 14 days beginning with the date of the appointment.

Where a final certificate given in respect of work described in an initial notice is rejected, the initial notice ceases to be in force in relation to the work described in the final certificate on the expiry of a period of four weeks beginning with the date on which notice of rejection is given.

In any other case where no final certificate is given, an initial notice ceases to be in force on the expiry of a period of eight weeks beginning with the day on which the work described in the initial notice is substantially completed.

An initial notice does not cease to be in force by virtue of paragraphs (2) and (3) because part of a building or extension is occupied if a final certificate has been accepted in respect of that part.

A local authority may extend any period referred to in this regulation either before or after its expiry.

Form 9 in Schedule 1 is the form of notice to be given, by an approver, to cancel an initial notice in accordance with section 52(1) of the 1984 Act19 based on a condition in section 52(1)(a) to (e) of the 1984 Act.

Form 10 in Schedule 1 is the form of notice to be given, by a person carrying out or intending to carry out work, to cancel an initial notice in accordance with section 52(3) of the 1984 Act based on a condition in section 52(3)(a) of the 1984 Act.

Form 11 in Schedule 1 is the form of notice to be given, by a local authority, to cancel an initial notice in accordance with section 52(5A) of the 1984 Act20 based on a condition in section 52(5B)(a) to (d) of the 1984 Act.

Form 12 in Schedule 1 is the form of notice a local authority must give to the person shown in the initial notice as the registered building control approver under section 52(7) of the 1984 Act.

Form 13 in Schedule 1 is the form of notice to be given, by an approver, to cancel an initial notice in accordance with section 52A(1) of the 1984 Act.

Form 14 in Schedule 1 is the form of notice to be given, by a person carrying out or intending to carry out work, to cancel an initial notice in accordance with section 52A(2) of the 1984 Act.

Form 15 in Schedule 1 is the form of notice to be given, by a local authority, to cancel an initial notice in accordance with section 52A(4) of the 1984 Act.

Form 16 in Schedule 1 is the form of notice to be given, by a local authority, to cancel an initial notice in accordance with section 53D(2) of the 1984 Act.

Form 17 in Schedule 1 is the form of notice to be given, by a person carrying out or intending to carry out work, to cancel an initial notice in accordance with section 53D(3) of the 1984 Act.

Except in a case where the contravention is of any provision in Part 2A of the 2010 Regulations, a notice given in accordance with paragraph (1) must inform C that if, by the end of the period specified in paragraph (4), C has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations, the approver will cancel the initial notice.

Where the contravention to which the notice under paragraph (1) relates is of a provision in Part 2A of the 2010 Regulations then the notice given in accordance with paragraph (1) must inform the client that the approver will cancel the initial notice if, by the end of the period specified in paragraph (4), the client has not effected such alterations to the arrangements for carrying out the work and such improvements to the competence of persons carrying out the work (or as the case may be, the client), the principal contractor or principal designer as may be necessary to ensure the carrying out of the work complies with provisions of the building regulations referred to in the notice.

The period within which the person carrying out the work or, as the case may be, the client is to remedy the contravention is three months beginning with the working day on which the notice under paragraph (1) is given.

Where paragraph (1) applies and work in relation to a building has begun but not been completed, a person who intends to carry out further work in relation to the partly completed work must give the local authority sufficient plans to show that the intended work will not contravene any requirement in the 2010 Regulations, including such plans of any part of the work already carried out as may be necessary to show that the intended work can be carried out without contravening any such requirement.

Plans given to a local authority in accordance with paragraph (3) are not to be regarded as an application for building control approval with full plans.

For the purposes of section 53(4B) of the 1984 Act, the period within which a person shown in the initial notice as the registered building control approver (P) is required to give information to the local authority is 21 days beginning with the day on which the local authority gives P a notice under section 53(4A).

An appeal to the regulator under section 50(2) of the 1984 Act must be made within 21 relevant days beginning with the day after the day on which the approver refused to give the plans certificate.

Where a person is aggrieved with the decision of the regulator given on an appeal under section 50(2) of the 1984 Act and wishes to appeal that decision by virtue of section 43A(3) of the 1984 Act, they must appeal to the First-tier Tribunal within 21 relevant days beginning with the day after the day on which the regulator notifies them of its decision.

If the First-tier Tribunal allows an appeal it may quash or vary the decision.

A register must include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice or certificate relates.

The information prescribed in paragraph (2) must be entered in the register as soon as practicable and in any event within 14 working days of the date the notice or certificate in question is given.

For the purposes of section 58C(5) of the 1984 Act (registered building inspectors), the prescribed period is four years.

For the purposes of section 58O(4) of the 1984 Act (registered building control approvers), the prescribed period is five years.

The person prescribed for the purposes of section 25(2) of the 2022 Act in relation to the decisions referred to in paragraph (1) is the person who applied for registration in accordance with section 58D or, as the case may be, section 58P of the 1984 Act.

The regulator must give the person who required a review a notice setting out the outcome of the review within 28 relevant days beginning with the day after the day on which the person gives a notice under section 25(2) of the 2022 Act.

Where the outcome of a review is to uphold the original decision, the regulator must set out its reasons in the notice required under paragraph (4).

Where the outcome of a review is to vary the decision, the regulator must issue a new decision.

If requested, by the person requiring the review, the regulator must provide a paper copy of the outcome of the review.

A person may appeal to the First-tier Tribunal against the decision of the regulator of a kind referred to in regulation 33(1) (review of regulator’s decisions under Part 2A of the 1984 Act) provided that the appeal is made within 21 relevant days beginning with the day after the day on which the regulator notifies the person under regulation 33(4)24.

If the First-tier Tribunal allows an appeal it may quash or vary the decision.

The Regulatory Reform (Fire Safety) Order 200525 is amended in accordance with the following paragraphs.

In article 30(5)(c) after “the approved inspector” insert “or registered building control approver”.

In article 46(3) for “an approved inspector within the meaning of section 49 of the Building Act 1984” substitute “a registered building control approver within the meaning of section 58N of the Building Act 1984”.

The amendment in paragraph (3) does not apply in relation to a person who, by virtue of regulation 46 of these Regulations or a provision of Schedule 3 to the Building (Higher-Risk Buildings Procedures) (England) Regulations 202326, continues in the capacity of an approved inspector on or after 6th April 2024.

The Building (Local Authority Charges) Regulations 201027 are amended as follows.

In regulation 2 in the appropriate place insert ““the RBCA Regulations” means the Building (Registered Building Control Approvers etc.) (England) Regulations 2024;”.

In regulation 5(1)(d) at the beginning insert “in relation to Wales,” and after that sub-paragraph, before “and”, insert—

In regulation 8(1)(d) at the beginning insert “in relation to Wales,” and after that sub-paragraph insert—

The Building Regulations 201028 are amended as follows.

In regulation 12(7) for “regulation 19 of the Building (Approved Inspectors etc.) Regulations 2010” substitute “regulation 22 of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024”.

In regulation 14(3)(b) for “and (2)” substitute “, (2) and (2A)”.

In regulation 18E(2)(c) for “an approved inspector” substitute “a registered building control approver”.

In regulation 41(3A) for “each results of testing” substitute “the results of the testing”.

The amendment in paragraph (4) does not apply in relation to a person who, by virtue of regulation 46 of these Regulations or a provision of Schedule 3 to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, continues in the capacity of an approved inspector on or after 6th April 2024.

In regulation 32(1)(c) of the Energy Performance of Buildings (England and Wales) Regulations 201229 for “an approved inspector for the purposes of the inspector’s” substitute “a registered building control approver for the purposes of the approver’s”.

The amendment in paragraph (1) does not apply in relation to a person who, by virtue of regulation 46 of these Regulations or a provision of Schedule 3 to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, continues in the capacity of an approved inspector on or after 6th April 2024.

The Building (Higher-Risk Buildings Procedures) (England) Regulations 202332 are amended as follows.

After regulation 27(13) insert—

After regulation 28(6) insert—

Subject to paragraph (6), this regulation applies where an approved inspector who gave an initial notice before 6th April 2024 has become a suitably qualified approver in relation to the work described in that notice before that date.

Where this regulation applies then with effect from 6th April 2024 any initial notice given by the approved inspector before 6th April 2024 is to be treated as if it were given instead by that person in their capacity as an approver and these Regulations apply with the modifications in paragraph (3) in relation to that person in undertaking functions in relation to the work described in the initial notice.

Subject to paragraph (5), for the purposes of this regulation, an approver is suitably qualified in relation to the work described in the initial notice referred to if the building work is of a type within the scope of the registration of the registered building control approver.

Where an approver is suitably qualified in relation to some of the work described in an initial notice then paragraph (2) has effect in relation only to the part of the building work within the scope of the registration and they continue to be treated as an approved inspector, and regulation 45 (transitional provisions: approved inspectors who did not become approvers) applies, in relation to the other part of the work described in the initial notice.

This regulation does not apply to higher-risk building work45.

Subject to paragraph (6), this regulation applies where an approved inspector who gave an initial notice before 6th April 2024 did not become a suitably qualified approver before that date.

Where this regulation applies then, notwithstanding the revocations in regulation 43 (revocations), with effect from 6th April 2024, in relation to any building work in the initial notice referred to in paragraph (1) for which the approved inspector is not a suitably qualified approver, the AI Regulations continue to have effect until 1st October 2024 with the modifications in paragraph (3).

Where an approved inspector has become a registered building control approver before 6th April 2024 but, in relation to the initial notice referred to in paragraph (1), some of the building work described in the notice is of a type that is not within the scope of their registration then paragraph (2) has effect in relation only to the part of the building work not within the scope of the registration.

This regulation does not apply to higher-risk building work.

In cases where this regulation applies and the work described in the initial notice referred to in paragraph (1) is completed on or after 6th April 2024 then, with effect from that date, regulation 58 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 has effect as if for paragraphs (2) to (4) there were substituted—

Subject to paragraph (3), this regulation applies where an initial notice was given by an approved inspector under section 47 of the 1984 Act before 6th April 2024 and the building work, or part of the building work, described in the initial notice has not been given a final certificate before 1st October 2024.

Where this regulation applies then for the purposes of section 47(4)(b)(ii) of the 1984 Act the initial notice ceases to be in force with effect from 1st October 2024.