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The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023

S.I. 2023/909 · Made 9 August 2023 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2026.

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

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

2022 c. 30.

f3

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Building Act 1984 does not apply to proposals consulted on under section 14(3) of the Building Act 1984 before it was repealed by paragraph 17 of Schedule 5 to the Building Safety Act 2022.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

  1. Part 1: Preliminary
  2. 1Citation, commencement, extent and application
  3. 2Interpretation
  4. Part 2: Building control approval
  5. Chapter 1: New HRBs
  6. 3Building control approval for HRB work or stage of HRB work
  7. 4Building control approval applications for HRB work or stage of HRB work
  8. 5Building control approval applications for HRB work or stage of HRB work: validity and time limit
  9. 6Building control approval applications for HRB work or stage of HRB work: consultation
  10. 7Building control approval applications for HRB work or stage of HRB work: decisions
  11. 8Regulator’s power to require notifications etc for HRB work or stage of HRB work
  12. 9Notice before starting on site and further notice when work is “commenced”
  13. Chapter 2: Existing HRBs
  14. 10Notification of emergency repairs to existing HRB
  15. 11Building control approval for work to existing HRB
  16. 12Building control approval applications for work to existing HRB
  17. 13Building control approval applications for work to existing HRB: validity and time limit
  18. 14Building control approval applications for work to existing HRB: consultation
  19. 15Building control approval applications for work to existing HRB: decisions
  20. 16Regulator’s power to require notifications etc for work to existing HRB
  21. 17Notice before starting on site and further notice when work is “commenced”
  22. Chapter 3: Building safety levy
  23. 17ABuilding safety levy information
  24. 17BLevy charging information
  25. Part 3: Changes before or during construction
  26. 18Change control
  27. 19Change control: record-keeping
  28. 20Change control: notification requirements
  29. 21Change control applications
  30. 22Change control applications: validity and time limit
  31. 23Change control applications: consultation
  32. 24Change control applications: decisions
  33. 25Change control: regulator power to specify notifiable changes and major changes
  34. 26Change control: major changes and notifiable changes
  35. 27New client etc
  36. 28Insolvency etc of the client: notifications
  37. 29New principal contractor or principal designer etc: notification
  38. 30Variation of a requirement imposed on a building control approval
  39. Part 4: Golden thread, mandatory occurrence reporting, information handover etc
  40. 31Golden thread
  41. 32Mandatory occurrence reporting system
  42. 33Mandatory occurrence reporting: reporting to the regulator
  43. 34Mandatory occurrence reporting: defences
  44. 35Mandatory occurrence reporting: definitions
  45. 36Mandatory occurrence reporting: regulator’s annual report
  46. 37Mandatory occurrence reporting: client duty on appointment of principal contractor or principal designer
  47. 38Handover of information on completion etc
  48. 39Information to be provided where work is scheme work
  49. Part 5: Completion certificates
  50. 40Completion certificate applications
  51. 41Completion certificate applications: validity and time limit
  52. 42Completion certificate applications: consultation
  53. 43Completion certificate applications: inspection
  54. 44Completion certificate applications: decisions
  55. 45Partial completion certificates
  56. Part 6: Inspections etc, regularisation, review of decisions, appeals and section 30A procedures etc
  57. 46Inspections etc
  58. 47Regularisation of unauthorised building work
  59. 48Review of regulator’s decisions
  60. 49Appeal in relation to reviewed decisions
  61. 50Section 30A prescribed applications
  62. 51Section 30A applications: procedure
  63. 52Section 30A applications: electronic submissions
  64. 53Section 30A applications: determinations
  65. 54Section 30A applications: appointed persons
  66. 55Deemed rejection of the original application
  67. 56Section 30A applications: appeals
  68. Part 7: Miscellaneous
  69. 57Exempt work
  70. 58Requirement for completion certificate before occupation and transitional cases
  71. 59Electronic submission and directions
  72. 60Contraventions by the regulator not to be subject to enforcement
  73. 61Provisions in relation to which a stop notice may be given
  74. 62Local land charges
  75. 63Consequential amendment to the Regulatory Reform (Fire Safety) Order 2005
  76. 64Consequential amendments to the Community Infrastructure Levy Regulations 2010
  77. 65Consequential amendments to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023
  78. 66Transitional, supplementary and saving provisions
  79. Signature
  80. Schedule 1: Documents
  81. 1Competence declaration
  82. 2Construction control plan
  83. 3Change control plan
  84. 4Building Regulations compliance statement
  85. 5Fire and emergency file
  86. 6Partial completion strategy
  87. Schedule 2: Exempt work
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. Schedule 3: Transitional, supplementary and saving provisions
  92. Part 1: Transitional etc provisions
  93. 1October 2023: HRB work and work to existing HRB
  94. 2From October 2023: cases where full plans are rejected
  95. 3October 2023 to April 2024: cases where building control approval lapses before 6th April 2024
  96. 4October 2023 to April 2024: cases of not sufficiently progressed work where an initial notice is cancelled before 6th April 2024
  97. 5October 2023 to April 2024: cases of sufficiently progressed work where an initial notice is cancelled before 6th April 2024
  98. 6From April 2024: local authority to notify regulator where work has not sufficiently progressed
  99. 7From April 2024: cases where work is to be regarded as sufficiently progressed
  100. 8From April 2024: cases of work not sufficiently progressed with an initial notice
  101. 9From April 2024: cases of work not sufficiently progressed with full plans
  102. 10From April 2024: cases where work has sufficiently progressed but approved inspector is not a registered building control approver
  103. 11From April 2024: cases where work has sufficiently progressed and then initial notice ceases
  104. Part 2: Enforcement and interpretation
  105. 12Contravention of certain provisions not to be an offence etc
  106. 13Interpretation
  107. Explanatory note