Transitional provisions: higher-risk building work regarded as sufficiently progressed
46.—(1) This regulation applies in relation to any initial notice given before 1st October 2023 in respect of higher-risk building work where—
(a)a notice under paragraph 1(4) (notice that work had sufficiently progressed) of Schedule 3 to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023(1) in relation to work to that building was received by a local authority before 6th April 2024, and
(b)the approved inspector who gave the initial notice became an approver before 6th April 2024.
(2) Where this regulation applies then with effect from 6th April 2024 for so long as the initial notice continues in force on or after that date—
(a)the initial notice given by the approved inspector is to be treated as if it were given instead by that person in their capacity as an approver,
(b)these Regulations apply in relation to the approver in respect of the work described in that initial notice with the modifications in paragraph (4), and
(c)Parts 2 to 6 of, and paragraph 7 of Schedule 3 to, the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 do not apply to the work.
(3) 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—
“(2) In relation to regulation 46 transitional work, a final certificate given by a registered building control approver to a local authority in accordance with the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 and not rejected by the authority is also prescribed as a completion certificate for the purposes of section 76(5) of the 2022 Act.
(3) In this regulation “regulation 46 transitional work” means work of a kind referred to in section 76(1) of the 2022 Act which is completed on or after 6th April 2024 and regulation 46 of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (transitional provisions: higher-risk building work regarded as sufficiently progressed) applied to the work.”.
(4) The modifications referred to in paragraph (2) are that these Regulations have effect as if—
(a)in regulation 4 (functions of approvers), paragraph (4)(a)(iv) (Part 2A) were omitted;
(b)in regulation 15 (notices), paragraphs (2) to (9) were omitted;
(c)regulations 16 to 18 were omitted;
(d)where an amendment notice is given by the approver to vary the work described in the initial notice referred to in paragraph (1) and provided the amendment notice does not vary any of the work to become higher-risk building work then—
(i)regulation 7 (invalid notices or certificates) did not apply in relation to that amendment notice;
(ii)in paragraph 4 of form 2 (amendment notice) in Schedule 1, sub-paragraph (g) were omitted;
(iii)in paragraph 11 of form 2 (amendment notice) in Schedule 1—
(aa)the words “and that the work described in this notice is within the scope of its registration” were omitted;
(bb)sub-paragraph (c) were omitted;
(e)where a plans certificate is given by the approver in relation to the work described in the initial notice referred to in paragraph (1)—
(i)regulation 7 (invalid notices or certificates) did not apply in relation to the plans certificate;
(ii)in paragraph 2 of form 3 (plans certificates) in Schedule 1, the words “and that the work described in this certificate is within the scope of its registration” were omitted;
(iii)in paragraph 9 of form 3 (plans certificates) in Schedule 1, sub-paragraph (d) were omitted;
(f)where a final certificate is given by the approver in relation to the work described in the initial notice referred to in paragraph (1)—
(i)regulation 7 (invalid notices or certificates) did not apply in relation to the final certificate;
(ii)in paragraph 2 of form 5 (final certificates) in Schedule 1, sub-paragraph (b) were omitted;
(iii)paragraphs 11, 12 and 14 of form 5 (final certificates) in Schedule 1 were omitted;
(g)where the initial notice referred to in paragraph (1) is cancelled, Part 5 (transfer of projects to another approver) were omitted;
(h)where the building work described in the initial notice started before 6th April 2024, Part 5 (transfer of projects to another approver) were omitted.