UK building control regime under the new Building Safety Act regulations

[edit] Six new Regulations under the Building Safety Act 2022

On August 17, 2023, The Department for Levelling Up, Housing and Communities (DLUHC) published six Regulations under the Building Safety Act 2022. These cover the new building control regime for specific buildings of higher risk. From October 2023, the Building Safety Regulator is the building control authority for higher-risk buildings. Principal designers, principal contractors, and clients have to follow the new building control regime when designing and constructing higher-risk buildings, or undertaking building work to an existing higher-risk building.

The first three of the new regulations relate more directly to responsibilities at the design and construction stages of new and existing projects. All six documents are listed below with direct links, whilst short summaries are provided below.

• The Building Regulations (Higher-Risk Building Procedures) (England) 2023
• The Building Regulations etc. (Amendment) (England) Regulations 2023
• The Building (Approved Inspectors etc. And Review of Decisions) (England) Regulations 2023
• The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023
• The Building Safety Act 2022 (Consequential Amendments etc) Regulations 2023
• The Building Safety (Regulator's Charges) Regulations 2023

[edit] Higher-Risk Building Procedures

The Building Regulations (Higher-Risk Building Procedures) (England) 2023, sets out the process and building control regime for higher-risk buildings, including new buildings and works to existing buildings.

The new Building Safety Regulator (BSR) will have powers to approve or stop the construction of new buildings with what is called a hard stop. Referred to as a Gateway 2 process for all Higher-Risk Buildings (HRB) whereby an application and approval must be sought from the BSR before work can commence.

Explanation of the procedures for any 'notifiable' or 'major' changes, include custody directions concerning the golden thread of information and handover to duty holders responsible for the building maintenance on completion. It also includes mandatory requirements for occurrence reporting systems and procedures for reporting to the BSR. The final stages or Gateway 3 describes the procedures and requirements for completion certificates

[edit] Changes applicable to all buildings

The Building Regulations etc. (Amendment) (England) Regulations 2023 concerns all building works including HRBs, with new regulations (11A to 11Q). These are primarily concerned with competence requirements of the duty holders, as well as more clearly defining what is to be treated as being the "commencement" of work.

[edit] Building Safety Regulator for all Higher-Risk Buildings

The Building (Approved Inspectors etc. And Review of Decisions) (England) Regulations 2023 defines clearly that local authorities and approved inspectors will no longer be able to supervise higher-risk building works, and that the Building Safety Regulator (BSR) is the only building control authority able to be engaged for all Higher-Risk Buildings (HRBs)

[edit] Consequential amendments

The Building Safety Act 2022 (Consequential Amendments etc) Regulations 2023 amends some local acts, the Highways Act 1980, and the Clean Air Act 1993 to align in terminology and approach to that of the Building Safety Regulator (BSR) including procedures for appeals etc.

[edit] Accountability in occupation

The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 is concerned with the management of safety risks during the building's occupation and the obligatory procedures that BSR, principal accountable and accountable persons, as well as residents and others must follow.

[edit] Charging and financing

The Building Safety (Regulator's Charges) Regulations 2023 sets out the approach that will be taken to charging by the Building Safety Regulator in order to recover the costs incurred in the fulfilment of statutory functions for the new building control regime.

[edit] Further guidance

Further guidance can be found here: https://www.hse.gov.uk/building-safety/assets/docs/regime-overview.pdf

[edit] Original consultation for the new building control regime

In August 2023, the UK Government published its consultation response "Government response to the consultation on implementing the new building control regime for higher-risk buildings and wider changes to the building regulations for all buildings". The original consultation was published on 20 July 2022 seeking views on proposals for improving the building control regime for higher-risk buildings and wider changes to the building regulations

A new regime for higher-risk building work was a fundamental part of Dame Judith Hackitt’s recommendations in her Building a Safer Future Report, commissioned by the government after the Grenfell Tower tragedy. It is something the government have said they are committed to implementing and in July 2021 the Department for Levelling Up, Housing and Communities (then the Ministry of Housing, Communities and Local Government) introduced the Building Safety Bill in Parliament. It received Royal Assent and became an Act of Parliament on 28 April 2022. The consultation related to changes to the Building Regulations 2010 that will be made using powers in the Building Safety Act 1984 as amended by the Building Safety Act 2022. Proposals included in the consultation were:

• new duty holder roles and responsibilities in the building regulations to ensure a stronger focus on compliance with the regulations
• a series of robust hard stops (‘gateway points’) to strengthen regulatory oversight before a higher-risk building is occupied
• regulator’s notices
• building work carried out in existing higher-risk buildings (refurbishments)
• a stronger change control process for higher-risk buildings
• regularisation of unauthorised building work
• golden thread of information
• mandatory occurrence reporting
• more rigorous enforcement powers
• wider changes to the building regulations to align the existing system with the new system
• transitional provisions for higher-risk buildings

The provisions are being implemented through secondary legislation (The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and The Building Regulations etc. (Amendment) (England) Regulations 2023) were laid before Parliament on 17 August 2023.

[edit] Related articles on Designing Buildings

• Building Safety Act 2022.
• Building safety bill.
• CIAT raises concerns about Building Safety Bill.
• CIOB responds to Newsnight report - Trapped: the UK's building safety crisis.
• CIOB reviews the Building Safety Bill.
• ECA calls for stronger competency requirements in Building Safety Act.
• Fire safety bill.
• Golden thread.
• Grenfell Tower fire.
• Grenfell Tower Inquiry.
• Hackitt Review.
• New Regulations published under Building Safety Act.
• The Building Safety Bill and product testing.
• The Building Safety Bill - A Quality Response.
• The Building Safety Bill, regulations and competence.
• The golden thread and BS 8644-1.