Changes to the Building Regulations

The latest legislative changes relating to The Building Safety Act 2022 came into force on the 1st October 2023. The government published the secondary legislation during August 2023.

Below is a summary of changes to commencement and completion requirements that may impact your projects.

There are three new Dutyholders defined in the amended regulations: Part 2A and Chapter 2 of the Building Regulations 2010 (as amended) The Building Regulations etc. (Amendment) (England) Regulations 2023 (legislation.gov.uk) clarify the responsibilities and signed statements required as part of the application process.

Client including Domestic Clients, previously known as the Applicant

The Client is the person for whom the building work is done. In many cases this will be the building owner.

Roles and responsibilities:

The Client should have suitable arrangements in place to ensure that the design work and the building work are completed in accordance with the Building Regulations.

In practice, this is likely to mean appointing a Principal Designer and Principal Contractor, with the right skills, knowledge, experience and behaviours or organisational capability for the work.

The Client should ensure that those they appoint have systems in place to ensure compliance with the Building Regulations.

For domestic work, which is not part of a business activity, unless an alternative written appointment is made, the duty for compliance with the Building Regulations automatically transfers to the Principal Designer and the Principal Contractor.

The Principal Designer is the designer in control of most of the design phase of the project and the Principal Contractor is the contractor in control of most of the construction phase.

For non-domestic work, or work which is part of a business activity, the appointment of the Principal Designer and Principal Contractor should be made in writing. Where these appointments are not made in writing the Client must fulfil these duties, in this case the duty for compliance with the Building Regulations will remain with the Client.

By completing and signing this form, the relevant council accepts that you have consented to the time period for consideration of the application being extended and that, if appropriate you with the application to be passed with conditions.

Principal Designer, previously known as the Agent

The Principal Designer is a designer appointed to be in control of all the design work. When there is more than one designer the Principal Designer should co-ordinate the design team.

Roles and responsibilities:

The Principal Designer must plan, manage, and monitor the design work, and co-operate, co-ordinate, and communicate with other designers and the Principal Contractor to ensure the design work, if built, complies with the Building Regulations.

For non-domestic work, or work which is part of a business activity, the appointment of the Principal Designer and Principal Contractor should be made in writing.

Principal Contractor, previously known as the Builder

The Principal Contractor is a contractor appointed to be in control of all the building work. When there is more than one contractor the Principal Contractor should take responsibility for the site.

Roles and responsibilities:

The Principal Contractor must plan, manage, and monitor the building work and ensure co-operation, communication, and co-ordination between the Dutyholders and liaise with the Principal Designer to ensure the building work complies with the Building Regulations.

Domestic work, which is not part of a business activity, unless an alternative written appointment is made, the duty for compliance with the Building Regulations automatically transfers to the Principal Designer and the Principal Contractor.

For non-domestic work, or work which is part of a business activity, the appointment of the Principal Designer and Principal Contractor should be made in writing.

Notice of Commencement

Regulation 13(5) of The Building Regulations 2010 and Section 32 of The Building Act 1984.

From the 1st October 2023 for applications to be considered as started at least one of the following:

progressed to damp proof course level (if foundations are applicable); or
15% completion of the overall project

Under Regulation 16 (3C)

It is now a legal requirement for the person carrying out work give notice to the Building Control Body within five days of work has commencing.

Please note that this does not change the need for a valid Building Control application before any works commence on site. The above stages are only relevant to Regulation 13(5) of The Building Regulations 2010 and Section 32 of The Building Act 1984.

Notice of Completion

For all applications submitted after 1st October 2023 a Compliance Notice will be required at completion. This relates to all projects that are subject to a Building Regulations Application. The notice must be provided within 5 days of the completion of works. We will not be able to issue a completion certificate until all relevant parties have signed this.

The Notice of Completion will require the following information about the client, principal contractor, and principal designer:

the name
address
phone number
(if available) email address

A statement will be required from the applicant to say that the works have been completed. It will need to state that the work complies with all the applicable regulations to the best of their knowledge.

A statement will also be required from both the principal contractor and principal designer (if applicable). This will need to confirm they have fulfilled their duties under Part 2A (duty holders and competence). The duties for this can be found here - The Building Regulations etc. (Amendment) (England) Regulations 2023 (legislation.gov.uk)

For buildings subject to the Fire Safety Order, the client must submit the same notice, but within 5 days of occupation. It must also state the following:

the date when the building (or any part of it) is occupied; and
a signed statement confirming that to the best of their knowledge, Regulation 38 and Part B of Schedule 1 are currently complied with for the parts of the building are to be occupied

Please note it is the client responsibility to appoint a Principal Contractor and Principal Designer for the project.