Regulation 44 Partial completion certificatesI1
England and Wales
This regulation applies where—
HRB work or a stage of HRB work is being carried out in relation to a building and the building (or any part of it) is to be occupied before completion of the work;
work to existing HRB is being carried out in relation to a building and before completion of the work—
any part of the building which ceased to be occupied in order for the work to be carried out is to be re-occupied, or
any new unit created by the work is to be occupied before completion of the work.
Where this regulation applies before the occupation referred to in paragraph (1), the client must make an application for a completion certificate in relation to part of the work for the building (“partial completion certificate application”) in writing to the building control authority, signed by the client.
A partial completion certificate application must include—
the name, address, telephone number and (if available) email address of the client;
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);
a statement that the application is made under this regulation;
a plan showing the part of the building to which the application relates indicating the intended use of that part and the location of the flats (if any) to be occupied or residential rooms (if any) to be occupied;
a description of the part of the HRB work, the stage of HRB work or work to existing HRB that remains to be completed after the date on which the application is made;
a description of the part of the HRB work, the stage of HRB work or work to existing HRB to which the application relates, including—
the location of the higher-risk building;
details of the use or intended use of the higher-risk building, including the use or intended use of each storey;
the height of the higher-risk building as determined by regulation 4 of the 2023 Regulations;
the number of storeys in the higher-risk building as determined by regulation 5 of the 2023 Regulations;
the number of flats, the number of residential rooms and the number of commercial units contained in the higher-risk building;
the provision made for the drainage of the higher-risk building;
where paragraph H4 of Schedule 1 to the 2010 Regulations imposes a requirement, the precautions taken in building over a drain, sewer or disposal main to comply with the requirements of the paragraph;
the steps taken to comply with any local enactment that applies;
a statement, signed by the client, confirming that to the best of the client’s knowledge the part of the HRB work, the stage of HRB work or work to existing HRB to which the application relates complies with all applicable requirements of the building regulations;
a statement, signed by both the client and the responsible person, confirming that the information, as at the date on which the application is made, to be provided under regulation 37 has been given and the responsible person has received the information;
a statement setting out a detailed description of the proposed stages of the work (including an estimate of the time when each stage of the work will start).
A partial completion certificate application must be accompanied by—
a plan to a scale of not less than 1:1250 showing—
the size and position of the higher-risk building, together with the part of the HRB work, the stage of HRB work or work to existing HRB to which the application relates, and the building’s relationship to adjoining boundaries;
the boundaries of the curtilage of the building, and the size, position and use of every other building within the curtilage;
the width and position of any street on or within the boundaries of the curtilage of the building;
any other plans that are necessary to show that the part of the HRB work, the stage of HRB work or work to existing HRB to which the application relates complies with all applicable requirements of the building regulations;
the following agreed documents—
the construction control plan;
the change control plan;
a mandatory occurrence reporting plan;
a list of all reports entered in the mandatory occurrence reporting system;
the Building Regulations compliance statement;
a fire and emergency file;
or, where regulation 12(3) applies, such of the documents referred to in paragraphs (i) to (vi) as were approved under regulation 15;
a copy of the change control log updated, up to the date on which the application is made, to show all the changes for the project required by these Regulations to be included in the log;
subject to paragraph (5), a compliance declaration signed by—
each principal contractor (or sole contractor) for the HRB work, the stage of HRB work or work to existing HRB, and
each principal designer (or sole or lead designer) for the HRB work, the stage of HRB work or work to existing HRB,
if such a statement was not already provided to the building control authority, in relation to that part of the work, under regulation 29;
a partial completion strategy;
where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct.
Where a client is unable to ensure the person referred to in paragraph (4)(e) provides a compliance declaration, the partial completion certificate application must be accompanied by a statement by the client giving the reasons why the declaration has not been provided.
Where the building control authority receives a partial completion certificate application which is valid, the building control authority must determine it—
within 8 weeks beginning with the date the application is received by the building control authority, or
within such longer period as at any time the building control authority and the applicant agree in writing.
A partial completion certificate application is valid if it complies with paragraphs (2) to (5).
Before determining a partial completion certificate application, the building control authority must—
comply with regulation 41(1) to (3), as modified by paragraph (9);
comply with regulation 42, as modified by paragraph (9).
Regulations 41 and 42 and Schedule 1 have effect with the following modifications—
any reference to as built is to be treated as a reference to as completed at the date on which the application is made;
any reference to HRB work is to be treated as a reference to the part of the HRB work to which the application relates;
any reference to work to existing HRB is to be treated as a reference to the part of work to existing HRB to which the application relates;
any reference to a higher-risk building is to be treated as a reference to the building to which the HRB work, the stage to HRB work or work to existing HRB is being carried out.
The building control authority must approve the partial completion certificate application and issue a partial completion certificate if it is satisfied, after taking all reasonable steps, that—
the part of the HRB work or work to existing HRB which the application relates complies with all applicable requirements of the building regulations and the part of the building to be occupied before completion of the HRB work or work to existing HRB complies with all applicable requirements of the building regulations;
the documents and information listed in F1paragraphs (3) and (4) and submitted as part of the application are complete and accurate;
the information, as to the date on which the application is made, to be provided to the responsible person under regulation 37 has been given.
If the building control authority is not satisfied under paragraph (10) it must reject the partial completion certificate application.
The building control authority must notify the applicant of the outcome of the application (and where the applicant is not the client, also give a copy of the notification to the client) within the period referred to in paragraph (6).
A notice that the application has been rejected must give reasons for rejection.
If the application is approved the building control authority must issue a partial completion certificate for the building at the same time as giving the notice of its decision under paragraph (12).
The building control authority must send a copy of the certificate issued under this regulation to the local authority for the area in which the building is situated (if this is a different local authority).
A certificate issued under this regulation is evidence (but not conclusive evidence) that all applicable requirements have been complied with in relation to the part of the HRB work or work to existing HRB to which the certificate relates.
The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (16).
When the partial completion certificate application is approved, the client must ensure the responsible person is sent—
a copy of the partial completion certificate application and each of the documents which accompanied the application, and
a copy of the partial completion certificate.
The requirements of this regulation do not apply to work to existing HRB which consists only of—
scheme work,
exempt work, or
work to which regulation 10 (notification of emergency repairs to existing HRB) applies.
Annotations
Textual amendments
- F1
Words in reg. 44(10)(b) substituted (20.7.2026) by The Building etc. (Amendment) (No. 2) (Wales) Regulations 2026 (W.S.I. 2026/112), regs. 1(2), 7(13)