Regulation 6 Amendments: deposit of plans and building control authorities etc.I1

England and Wales

(1)

In regulation 11 (power to dispense with or relax requirements), in paragraph (2), for “local authority” substitute “building control authority”.

(2)

In regulation 12 (giving a building notice etc)—

(a)

in the heading, for “deposit of plans” substitute “an application for building control approval”;

(b)

in paragraph (2)—

(i)

in sub-paragraph (a), for “local authority” substitute “building control authority”;

(ii)

in sub-paragraph (b), for “deposit full plans with the local authority” substitute “give an application for building control approval with full plans to the building control authority”;

(c)

in paragraphs (3), (4), and (5), for “deposit full plans” substitute “give an application for building control approval with full plans”;

(d)

in paragraph (6), for “deposit full plans” substitute “an application for building control approval with full plans”;

(e)

in paragraph (8), for “local authority” substitute “building control authority”.

(3)

In regulation 13 (particulars and plans where a building notice is given)—

(a)

in paragraphs (3) and (5), for “local authority” substitute “building control authority”;

(b)

in paragraph (4), for “for the purposes of section 16 of the Act as having been deposited” substitute “as an application for building control approval with full plans”.

(4)

In regulation 15 (consultation with sewerage undertaker)—

(a)

in paragraph (1), for “full plans have been deposited with the local authority” substitute “an application for building control approval with full plans has been given to the building control authority”;

(b)

in paragraph (2)—

(i)

for “local authority” substitute “building control authority”;

(ii)

for “the plans have been deposited” substitute “the application for building control approval with full plans has been given”;

(c)

in paragraph (3)—

(i)

for “local authority” substitute “building control authority”;

(ii)

for “the deposit of full plans” substitute “the giving of an application for building control approval with full plans”;

(iii)

for “pass plans” substitute “grant the application for building control approval”.

(5)

In regulation 16 (notice of commencement and completion of certain stages of work)—

(a)

in paragraphs (1), (2), (3), (4), (5), (6) and (7), for “local authority”, in each place it occurs, substitute “building control authority”;

(b)

after paragraph (4) insert—

“(4A)
The notice under paragraph (4) 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 building work is complete;
(d)
a statement, signed by the client or an applicant acting on the client’s behalf, confirming that to the best of the client’s knowledge the work complies with all applicable requirements of the building regulations. Where a person has signed on the client’s behalf, a declaration from the client that they approve of this notice;
(e)
a statement given by each principal contractor (or sole contractor) for the work and each principal designer (or sole or lead designer) for the work, signed by the person to which the declaration relates, which includes—
(i)
the name, address, telephone number and (if available) email address of that person,
(ii)
the dates of their appointment, and
(iii)
confirmation—
(aa)
in the case of a principal contractor (or sole contractor), that they fulfilled their duties as a principal contractor under Part 2B (dutyholders and competence) of these Regulations;
(bb)
in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2B (dutyholders and competence) of these Regulations.
(4B)
If for any reason a person carrying out building work is unable to include a statement for a person mentioned under paragraph (4A)(e), the person carrying out the building work must include a statement giving the reasons why that person’s statement has not been included.”

(c)

in paragraph (5), for “at least five days notice” substitute “a notice which complies with paragraph (5A) at least 5 working days”;

(d)

after paragraph (5) insert—

“(5A)
The notice under paragraph (5) 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)
the date when the building or any part of it is to be occupied;
(d)
a statement, signed by the client or an applicant acting on the client’s behalf, confirming that to the best of the client’s knowledge, regardless of the completion of the current building work, regulation 38 and Part B of Schedule 1 are currently complied with in relation to those parts of the building which are to be occupied before completion of the work. Where a person has signed on the client’s behalf, a declaration from the client that they approve of this notice;
(e)
a statement given by each principal contractor (or sole contractor) for the work and each principal designer (or sole or lead designer) for the work, signed by the person to which the declaration relates, which includes—
(i)
the name, address, telephone number and (if available) email address of that person,
(ii)
the dates of their appointment, and
(iii)
confirmation—
(aa)
in the case of a principal contractor (or sole contractor), that they fulfilled their duties as a principal contractor under Part 2B (dutyholders and competence) of these Regulations;
(bb)
in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2B (dutyholders and competence) of these Regulations.
(5B)
If a person carrying out building work is unable to include a statement for a person mentioned in paragraph (5A)(e), the person carrying out the building work must include a statement giving reasons why that person’s statement has not been included.”;

(e)

in paragraph (8), for “deposit full plans” substitute “an application for building control approval with full plans”.

(6)

In regulation 17 (completion certificates)—

(a)

in paragraph (1), for “local authority” substitute “building control authority”;

(b)

for paragraph (2) substitute—

“(2)
The specified period referred to in paragraph (1) is 8 weeks starting from the date that notice under regulation 16(4) is received by the building control authority.”;

(c)

after paragraph (5) insert—

“(6)
Where the building control authority is a designated local authority under section 91ZD(3) of the Act, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.”.

(7)

In regulation 17A^f1 (certificate for building occupied before work is completed)—

(a)

in paragraphs (1) and (2), for “local authority” substitute “building control authority”;

(b)

after paragraph (4) insert—

“(5)
Where the building control authority is a designated local authority under section 91ZD(3) of the Act, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.”.

(8)

In regulation 18 (unauthorised building work)—

(a)

in paragraphs (1), (2), (3), (4), (5) and (8)(a) and (b), for “local authority”, in each place it occurs, substitute “building control authority”;

(b)

after paragraph (6) insert—

“(6A)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.”;

(c)

in paragraph (7), for “for the purposes of section 16 of the Act as the deposit of plans” substitute “as an application for building control approval with full plans”;

(d)

in paragraph (8)(b), for “full plans of the work being deposited with” substitute “an application for building control approval with full plans of the work being given to”;

(e)

in paragraph (8)(c)—

(i)

for “commencement of” substitute “intention to start”;

(ii)

for “full plans have been deposited” substitute “an application for building control approval with full plans of the work has been given”.

(9)

In regulation 20 (provisions applicable to self-certification schemes)—

(a)

in paragraphs (2), (3), (3A) and (3B), for “local authority”, in each place it occurs, substitute “building control authority”;

(b)

after paragraph (6) insert—

“(6A)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”

(10)

In regulation 25A^f2 (consideration of high-efficiency alternative systems for new buildings)—

(a)

in paragraph (2)—

(i)

at the start insert “Where work is not higher-risk building work”;

(ii)

in sub-paragraphs (a) and (b), for “local authority” substitute “building control authority”;

(b)

after paragraph (2) insert—

“(2A)
Where the work is higher-risk building work the person carrying out the work must—
(a)
at the same time as submitting the application for building control approval, give the building control authority a notice which states that the analysis referred to in paragraph (1)—
(i)
has been undertaken;
(ii)
is documented; and
(iii)
the documentation is available to the authority for verification purposes; and
(b)
ensure that a copy of the analysis is available for inspection at all reasonable times upon request by an officer of the building control authority.”

(c)

in paragraph (3), for “local authority” substitute “building control authority”;

(d)

after paragraph (3) insert—

“(3A)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”

(11)

In regulation 27 (CO2 emission rate calculations)—

(a)

for paragraphs (2) and (3) substitute—

“(2)
The person carrying out the work must—
(a)
where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—
(i)
the target CO2 emission rate for the building, calculated and expressed by the methodology approved under regulation 24,
(ii)
the CO2 emission rate for the building as designed, calculated and expressed by the methodology approved under regulation 24, and
(iii)
a list of specifications to which the building is to be constructed;
(b)
in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).
(3)
The person carrying out the work must—
(a)
where the new building is a higher-risk building, ensure the completion certificate application in relation to the work is accompanied by—
(i)
a notice which specifies—
(aa)
the target CO2 emission rate for building, calculated and expressed by the methodology approved under regulation 24,
(bb)
the CO2 emission rate for the building as constructed, calculated and expressed by the methodology approved under regulation 24, and
(cc)
whether the building has been constructed by the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications, or
(ii)
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);
(b)
in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).”

(b)

in paragraph (4), for “local authority” substitute “building control authority”;

(c)

after paragraph (4) insert—

“(4A)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”

(12)

In regulation 27A^f3 (primary energy rate calculations)—

(a)

for paragraphs (2) and (3) substitute—

“(2)
The person carrying out the work must—
(a)
where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—
(i)
the target primary energy rate for the building, calculated and expressed by the methodology approved under regulation 24;
(ii)
the primary energy rate for the building as designed, calculated and expressed by the methodology approved under regulation 24, and
(iii)
a list of specifications to which the building is to be constructed;
(b)
in any other case, not later than the day before the work starts give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).
(3)
The person carrying out the work must—
(a)
where the new building is a higher-risk building, ensure the completion certificate application in relation to the work is accompanied by—
(i)
a notice which specifies—
(aa)
the target primary energy rate for the dwelling, calculated and expressed by the methodology approved under regulation 24;
(bb)
the primary energy rate for the dwelling as constructed, calculated and expressed by the methodology approved under regulation 24, and
(cc)
whether the building has been constructed by the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications, or
(ii)
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);
(b)
in any other case, not later than 5 days after the work has been completed give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).”;

(b)

in paragraph (4), for “local authority” substitute “building control authority”;

(c)

after paragraph (4) insert—

“(4A)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”

(13)

In regulation 27B (fabric performance values calculations)—

(a)

for paragraphs (2) and (3) substitute—

“(2)
The person carrying out the work must—
(a)
where the dwelling is within a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—
(i)
the target fabric performance values for the dwelling, calculated and expressed by the methodology approved under regulation 24,
(ii)
the fabric energy performance values for the dwelling as designed, calculated and expressed by the methodology approved pursuant to regulation 24, and
(iii)
a list of specifications to which the dwelling is to be constructed;
(b)
in any other case, not later than the day before the work starts give the building control authority a notice which specifies the matters set out in paragraphs (1) to (iii) of sub-paragraph (a).
(3)
The person carrying out the work must—
(a)
where the dwelling is within a higher-risk building, ensure the completion certificate application in relation to the work is accompanied by—
(i)
a notice which specifies—
(aa)
the target fabric performance values for the dwelling, calculated and expressed by the methodology approved pursuant to regulation 24,
(bb)
the fabric energy performance values for the dwelling as constructed, calculated and expressed by the methodology approved pursuant to regulation 24, and
(cc)
whether the dwelling has been constructed by the list of specifications referred to in paragraph (2), and if not, a list of any changes to those specifications, or
(ii)
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);
(b)
in any other case, not later than 5 days after the work has been completed give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) or a certificate of the sort mentioned in sub-paragraph (a)(ii).”;

(b)

in paragraph (4), for “local authority” substitute “building control authority”;

(c)

after paragraph (4) insert—

“(4A)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”.

(14)

In regulation 27C (energy efficiency rating calculations)—

(a)

for paragraphs (2) and (3) substitute—

“(2)
The person carrying out the work must—
(a)
where the dwelling is within a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—
(i)
the energy efficiency rating for the dwelling, as designed, calculated and expressed by the methodology approved under regulation 24, and
(ii)
a list of specifications to which the dwelling is to be constructed;
(b)
in any other case, not later than the day before the work starts, the person carrying out the work must give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).
(3)
The person carrying out the work must—
(a)
where the dwelling is within a higher-risk building, ensure the completion certificate application in relation to the work is accompanied by—
(i)
a notice which specifies—
(aa)
the target energy efficiency rating for the building, calculated and expressed by the methodology approved under regulation 24,
(bb)
the energy efficiency rating for the building as constructed, calculated and expressed by the methodology approved under regulation 24, and
(cc)
whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications, or
(ii)
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);
(b)
in any other case, not later than 5 days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).”;

(b)

in paragraph (4), for “local authority” substitute “building control authority”;

(c)

after paragraph (4) insert—

“(5)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”

(15)

In regulation 37 (wholesome water consumption calculation)—

(a)

in paragraph (1), for “local authority” substitute “building control authority”;

(b)

for paragraph (2) substitute—

“(2)
The person carrying out the work must—
(a)
where the dwelling is within a higher-risk building, ensure the notice accompanies the completion certificate application in relation to the work;
(b)
in any other case, give the notice to the building control authority not later than 5 days after the date the work has been completed.”;

(c)

after paragraph (2) insert—

“(3)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”.

(16)

In regulation 41 (sound insulation testing)—

(a)

in paragraph (2)(b), for “local authority” substitute “building control authority”;

(b)

for paragraph (3)(b) substitute—

“(b)
given—
(i)
in the case where the building work is higher-risk building work, to the building control authority with the completion certificate application in relation to the work;
(ii)
in any other case, to the building control authority not later than the date on which the notice required by regulation 16(4) is given.”;

(c)

after paragraph (3) insert—

“(3A)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each results of testing received under this regulation in relation to a building to the local authority for the area in which the building is situated.”;

(d)

in paragraph (4), for the words before “the person is using one or more design details approved by Robust Details Limited” substitute—

“(4)
Where building work consists of the erection of a dwelling-house or a building containing flats, this regulation does not apply to any part of the building in relation to which the person carrying out the building work notifies the building control authority—
(i)
in the case of building work which is higher-risk building work, not later than the date on which the application for building control approval for the work is submitted;
(ii)
in any other case, not later than the date on which notice of intention to start work is given under regulation 16(1);
that, for the purposes of achieving compliance of the work with paragraph E1 of Schedule 1,”.

(17)

In regulation 42 (mechanical ventilation air flow rate testing)—

(a)

in paragraphs (2)(b) and (3)(b), for “local authority”, in each place it occurs, substitute “building control authority”;

(b)

after paragraph (3) insert—

“(4)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice of the results of testing received under this regulation in relation to a building to the local authority for the area in which the building is situated.”

(18)

In regulation 43 (pressure testing)—

(a)

in paragraphs (2), (3) and (4), for “local authority”, in each place it occurs, substitute “building control authority”;

(b)

after paragraph (5) insert—

“(6)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”

(19)

In regulation 44 (commissioning)—

(a)

in paragraph (3), for “local authority” substitute “building control authority”;

(b)

for paragraph (4) substitute—

“(4)
The notice must be given—
(a)
in the case where the building work is higher-risk building work for which a completion certificate application is required, to the building control authority with the application;
(b)
in any other case, to the building control authority—
(i)
not later than the date on which the notice required by regulation 16(4) is required to be given, or
(ii)
where that regulation does not apply, not more than 30 days after completion of the work.
(5)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”

(20)

In regulation 44ZA (commissioning in respect of a system for on-site electricity generation)—

(a)

in paragraph (2), for “local authority” substitute “building control authority”;

(b)

for paragraph (3) substitute—

“(3)
The notice must be given—
(a)
in the case where the building work is higher-risk building work for which a completion certificate application is required, to the building control authority with the application;
(b)
in any other case, to the building control authority—
(i)
not later than the date on which the notice required by regulation 16(4) is required to be given, or
(ii)
where that regulation does not apply, not more than 30 days after completion of the work.”;

(c)

after paragraph (3) insert—

“(4)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”

(21)

In regulation 44ZAA (particulars of connection to public electronic communications network)—

(a)

in paragraph (2), for “local authority” substitute “building control authority”;

(b)

after paragraph (2) insert—

“(3)
Where the building control authority is a designated local authority under section 91ZD of the Act, it must send a copy of the information it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.”

(22)

In Schedule 1 to the 2010 Regulations, in paragraph RA1(3), for “full plans relating to building work to which this paragraph applies are deposited” substitute “an application for building control approval with full plans relating to building work to which this paragraph applies is given”.

(23)

In the heading of Schedule 3, for “deposit full plans” substitute “an application for building control approval with full plans”.

(24)

In Schedule 4—

(a)

in the heading for “deposit full plans” substitute “an application for building control approval with full plans”;

(b)

in paragraph 1(g)(ii), for “to deposit full plans” substitute “an application for building control approval with full plans”;

(c)

in paragraph 1(l), for “to deposit full plans” substitute “an application for building control approval with full plans”.

Annotations

Commencement

I1: Reg. 6 in force at 1.7.2026, see reg. 1(2)

Footnotes

f1: Regulation 17A was inserted by S.I. 2013/747.
f2: Regulation 25A was inserted by S.I 2013/747.
f3: Regulation 27A was inserted by S.I 2014/110 and amended by S.I. 2022/564.