Transitional arrangements and the Building Safety Regulator

[edit] What are transitional arrangements in building control?

Transitional arrangements allow projects to stay under the current building control regime – and avoid transfer to the Building Safety Regulator (BSR). Which means eligible projects can stay under the old rules.

[edit] How does a building qualify for transitional arrangements?

Developers must take the required steps for their projects to qualify.

If a project had building control arrangements established before October 1st, 2023, and has made substantial progress before April 6th, 2024, it qualifies for transitional provisions. A notice of sufficient progress must be given to the local authority in order to qualify

As such under these provisions, a project can continue to be regulated by the existing building control provider. This will require the building control provider to be appropriately registered with the BSR.

[edit] What is required for transitional arrangements?

In order to benefit from transitional arrangements, it is essential that notice is given to the relevant local authority, indicating that the building work has progressed sufficiently.

For the construction of a higher-risk buildings, sufficient progress means when pouring concrete for the permanent placement of foundations or piling has started. For work on existing buildings, this means when any work has begun. There is no specific rule for what counts as starting work, but it usually includes any significant building activity mentioned in the project application.

If the project involves an Approved Inspector (AI), a copy of this notice must also be goven to the AI as well. Failure to send notice to the local authority will result in the project transferring to the BSR.

Projects must use a suitably Registered Building Inspector (RBI) and suitable building control arrangements to continue benefitting from the transitional arrangements. Suitable building control arrangements means submitting full plans to the local authority. The plans must not be rejected. Or it means giving an initial notice to the local authority. The authority must accept the notice.

This article is based on the Government announcement "Eligibility for transitional arrangements in building control" updated March 11, 2024.

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