The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023
S.I. 2023/909 · Made 9 August 2023 · Extends to England and Wales
Building And Buildings, England
Made 9th August 2023
Laid before Parliament 17th August 2023
Coming into force - - 1st October 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1, 2B, 3, 30A(1), (3), (5), (6) and (9), 34, 35(2), 35B(7), 35C(1) and 47(4)(b)(ii) of, and paragraphs 1A to 1I, 5B, 5C and 10 of Schedule 1 to, the Building Act 1984f1 and sections 19(2), 25(1) to (3) and (7), 76(5) and 166(1) of , and paragraph 2(5) of Schedule 3 to, the Building Safety Act 2022f2.
The Secretary of State has consulted the Building Regulations Advisory Committee for England and such other bodies as appear to be representative of the interests concerned in accordance with section 14(3) of the Building Act 1984f3 and has consulted the regulator and such other persons as the Secretary of State considers appropriate in accordance with section 7 of the Building Safety Act 2022.
Annotations to the whole text
Footnotes
- f1
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1984 c. 55. Section 1 was amended by section 1(1) to (3) of the Sustainable and Secure Buildings Act 2004 (c. 22), section 37(2) of the Infrastructure Act 2015 (c. 7) and paragraph 2 of Schedule 5 to the Building Safety Act 2022 (the 2022 Act”). Section 2B was inserted by section 42 of the Deregulation Act 2015 (c. 20). Section 30A was inserted by section 37 of the 2022 Act. Section 35 was amended by section 39 of the 2022 Act. Sections 35B and 35C were inserted by section 38 of the 2022 Act. Section 47(4) was amended by sections 36(3) and 46(4) of the 2022 Act. Paragraphs 1A to 1I, 5B and 5C of Schedule 1 were inserted by sections 33 to 35 of the 2022 Act. Paragraph 10 of Schedule 1 was substituted by paragraph 83(8) of Schedule 5 to the 2022 Act.
- f2
- f3
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Under the transitional provisions in regulation 5(1) of S.I. 2023/362 the requirement to consult under section 120B of the Building Act 1984 does not apply to proposals consulted on under section 14(3) of the Building Act 1984 before it was repealed by paragraph 17 of Schedule 5 to the Building Safety Act 2022.
Contents
- Part 1: Preliminary
- 1Citation, commencement, extent and application
- 2Interpretation
- Part 2: Building control approval
- Chapter 1: New HRBs
- 3Building control approval for HRB work or stage of HRB work
- 4Building control approval applications for HRB work or stage of HRB work
- 5Building control approval applications for HRB work or stage of HRB work: validity and time limit
- 6Building control approval applications for HRB work or stage of HRB work: consultation
- 7Building control approval applications for HRB work or stage of HRB work: decisions
- 8Regulator’s power to require notifications etc for HRB work or stage of HRB work
- 9Notice before starting on site and further notice when work is “commenced”
- Chapter 2: Existing HRBs
- 10Notification of emergency repairs to existing HRB
- 11Building control approval for work to existing HRB
- 12Building control approval applications for work to existing HRB
- 13Building control approval applications for work to existing HRB: validity and time limit
- 14Building control approval applications for work to existing HRB: consultation
- 15Building control approval applications for work to existing HRB: decisions
- 16Regulator’s power to require notifications etc for work to existing HRB
- 17Notice before starting on site and further notice when work is “commenced”
- Chapter 3: Building safety levy
- 17ABuilding safety levy information
- 17BLevy charging information
- Part 3: Changes before or during construction
- 18Change control
- 19Change control: record-keeping
- 20Change control: notification requirements
- 21Change control applications
- 22Change control applications: validity and time limit
- 23Change control applications: consultation
- 24Change control applications: decisions
- 25Change control: regulator power to specify notifiable changes and major changes
- 26Change control: major changes and notifiable changes
- 27New client etc
- 28Insolvency etc of the client: notifications
- 29New principal contractor or principal designer etc: notification
- 30Variation of a requirement imposed on a building control approval
- Part 4: Golden thread, mandatory occurrence reporting, information handover etc
- 31Golden thread
- 32Mandatory occurrence reporting system
- 33Mandatory occurrence reporting: reporting to the regulator
- 34Mandatory occurrence reporting: defences
- 35Mandatory occurrence reporting: definitions
- 36Mandatory occurrence reporting: regulator’s annual report
- 37Mandatory occurrence reporting: client duty on appointment of principal contractor or principal designer
- 38Handover of information on completion etc
- 39Information to be provided where work is scheme work
- Part 5: Completion certificates
- 40Completion certificate applications
- 41Completion certificate applications: validity and time limit
- 42Completion certificate applications: consultation
- 43Completion certificate applications: inspection
- 44Completion certificate applications: decisions
- 45Partial completion certificates
- Part 6: Inspections etc, regularisation, review of decisions, appeals and section 30A procedures etc
- 46Inspections etc
- 47Regularisation of unauthorised building work
- 48Review of regulator’s decisions
- 49Appeal in relation to reviewed decisions
- 50Section 30A prescribed applications
- 51Section 30A applications: procedure
- 52Section 30A applications: electronic submissions
- 53Section 30A applications: determinations
- 54Section 30A applications: appointed persons
- 55Deemed rejection of the original application
- 56Section 30A applications: appeals
- Part 7: Miscellaneous
- 57Exempt work
- 58Requirement for completion certificate before occupation and transitional cases
- 59Electronic submission and directions
- 60Contraventions by the regulator not to be subject to enforcement
- 61Provisions in relation to which a stop notice may be given
- 62Local land charges
- 63Consequential amendment to the Regulatory Reform (Fire Safety) Order 2005
- 64Consequential amendments to the Community Infrastructure Levy Regulations 2010
- 65Consequential amendments to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023
- 66Transitional, supplementary and saving provisions
- Signature
- Schedule 1: Documents
- 1Competence declaration
- 2Construction control plan
- 3Change control plan
- 4Building Regulations compliance statement
- 5Fire and emergency file
- 6Partial completion strategy
- Schedule 2: Exempt work
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 3: Transitional, supplementary and saving provisions
- Part 1: Transitional etc provisions
- 1October 2023: HRB work and work to existing HRB
- 2From October 2023: cases where full plans are rejected
- 3October 2023 to April 2024: cases where building control approval lapses before 6th April 2024
- 4October 2023 to April 2024: cases of not sufficiently progressed work where an initial notice is cancelled before 6th April 2024
- 5October 2023 to April 2024: cases of sufficiently progressed work where an initial notice is cancelled before 6th April 2024
- 6From April 2024: local authority to notify regulator where work has not sufficiently progressed
- 7From April 2024: cases where work is to be regarded as sufficiently progressed
- 8From April 2024: cases of work not sufficiently progressed with an initial notice
- 9From April 2024: cases of work not sufficiently progressed with full plans
- 10From April 2024: cases where work has sufficiently progressed but approved inspector is not a registered building control approver
- 11From April 2024: cases where work has sufficiently progressed and then initial notice ceases
- Part 2: Enforcement and interpretation
- 12Contravention of certain provisions not to be an offence etc
- 13Interpretation
- Explanatory note