Explanatory note
(This note is not part of the Regulations)
These Regulations make amendments to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (“the 2023 Regulations”). The Responsible Actors Scheme, established by the 2023 Regulations, requires relevant developers to identify relevant buildings they are responsible for and remediate and/or mitigate life-critical fire safety defects in those buildings, or repay the costs of the same. Failure to do so may attract building control and planning prohibitions which carry significant commercial consequences.
Regulations 3, 4 and 5 make amendments to regulations 13, 15 and 16 of the 2023 Regulations to remove a double negative.
Regulation 6 omits regulation 30 of the 2023 Regulations.
Regulation 7 amends regulation 33 of the 2023 Regulations in relation to the provisions of the building control prohibition, including by inserting a prohibition on the giving and receiving of applications for building control approval with full plans.
Regulation 8 amends regulation 34 of the 2023 Regulations to allow a completion certificate to be issued where the emergency repair work exception applies.
Regulation 9 amends regulation 35 of the 2023 Regulations in relation to the administrative conditions of the exception to building control prohibition in relation to work to occupied buildings. Regulation 9 inserts provisions exempting: the giving and acceptance of amendment notices, the giving of completion certificates and the acceptance or rejection of plans certificates in relation to relevant building work to be carried out to an existing occupied building.
Regulation 10 amends regulation 36 of the 2023 Regulations to enable a purchaser, as well as an applicable person, to apply to the Secretary of State to be granted an exception to the building control prohibition, and provides a definition of “purchaser” to underpin the amendment.
A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.
An Explanatory Memorandum has been published alongside this instrument at www.legislation.gov.uk.