# The Building (Restricted Activities and Functions) (England) Regulations 2023, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
These Regulations provide a list of the activities and functions of local authorities, the building safety regulator (the Health and Safety Executive) and registered building control approvers which are restricted under sections 46A and 54B of the Building Act 1984 (c. 55). Those sections were inserted into that Act by section 44 of the Building Safety Act 2022 (c. 30).
A restricted function may only be exercised by the body in relation to work once they have received advice from a registered building inspector whose registration has effect in relation to work of that description.
For local authorities, regulation 3(2) gives the list of functions which are restricted functions. For the regulator, regulation 4(1) gives the list of functions which are restricted functions when the regulator is the building control authority in relation to a higher-risk building. And regulation 4(3) gives the list of functions which are restricted when the regulator is acting as the building control authority under a regulator’s notice (see section 91ZB of the Building Act 1984). For registered building control approvers, regulation 5(2) gives list of functions which are restricted functions.
A restricted activity, in relation to work of a particular description, may only be carried out by a local authority or a registered building control approver through a registered building inspector whose registration includes work of that description. Regulations 3(1) and 5(1) provide that the two activities which are restricted activities are the checking of plans (whether given to the body with an application or otherwise) and the inspection of building work for compliance with the requirements of the building regulations.
A full impact assessment of the effect that this instrument will have on the costs to business is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2023/1052/note (the official version)
Page: https://openlegislation.uk/building-restricted-activities-and-functions-england-regulations-2023/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.