Information about the changes to building regulations in place from 1 October 2023.
The Building Safety Act 2022, has brought changes in the Building Regulations and applications to Building Control.
These changes include:
This is to ensure that at each stage in building project duty holders are identified and roles, responsibilities and expectations are clear.
The duty to show compliance with the Building Regulations is imposed on the dutyholders. A dutyholder is any person that is involved with the design, construction or modification of a building project. This would include, but not be limited to, the client, designers and contractors .
Dutyholders are required to ensure:
Domestic client is anyone who has construction work carried out for them that is not done in connection with a business – usually work done on their own home or the home of a family member.
A commercial client is who has construction work carried out for them that is done in connection with a business. Commercial clients include local authorities, housing associations or other landlords who own domestic properties.
A designer is an organisation or individual whose business involves preparing or modifying designs for construction projects, or arranging for, or instructing, others to do this. Designs include drawings, design details, specifications, bills of quantity and design calculations.
Designers can be architects, consulting engineers, quantity surveyors and interior designers, or anyone who specifies and alters designs as part of their work. They can also be principal contractors, specialist contractors, tradespeople or even commercial clients, if they get actively involved in design work for their project.
A principal designer is a designer who is an organisation or individual (on smaller projects) appointed by the client to take control of the pre-construction phase of any project involving more than one contractor.
A contractor is anyone who directly employs or engages construction workers or manages construction work. Contractors include sub-contractors, any individual self-employed worker or business that carries out, manages or controls construction work.
A contractor is anyone (excluding domestic clients) who, in their business, performs, manages, or oversees building work.
A principal contractor is appointed by the client to control the construction phase of any project involving more than one contractor.
Applications to Building Control will now require additional information to be provided.
The information required will depend on the nature of the works and whether the application is a Full Plans or a Building Notice. However, you may be asked to provide any of the following details.
See definition on the Duty holder definitions.
See definition on the Duty holder definitions.
Where the application is not being submitted by the client, the Designer or Contractor will need to provide a 'Statement of consent'. This needs to be signed and dated by the client stating that they agree that the application can be made and the information contained in the application is correct.
Whether the building is a building to which the Regulatory Reform (Fire Safety) order 2005 applies or will apply after the completion of work. The regulatory Reform (Fire Safety) order applies to buildings which are non-domestic premises and will include the common area of flats.
Confirmation that the building is not classed as a Higher Risk Building. These buildings are buildings with 7 or more storeys or that are 18 metres or higher, and either:
If the building is a Higher Risk Building then Building Control can’t accept an application for the works and you will need to apply to the Building Safety Regulator.
Contact the Building Safety Regulator.
The current use of the building including the current use of each storey.
The proposed use of the building, including the proposed use of each storey.
The height of the building before and after building work has taken place. The height is measured from the lowest external ground level to height of the highest floor level.
The number of storeys in the building before and after building work has taken place.
A statement setting out the date when it is proposed the work will reach the point when it is to be regarded as commenced. This is the date at which works start on site and does not include site set up, demolition or enabling works.
Commencement of works will now be considered more of a ‘meaningful start’ and works are deemed to have been commenced when the following has stage has been reached.
Complex buildings: date at which the foundations supporting the building and the structure of the lowest floor level of that building are completed.
Non-complex buildings: date at which the sub-surface structure of the building or the extension, including all foundations, basement levels, and structure is of the ground floor level is complete.
Other works: the point at which 15% of the construction works will be completed.
This does not mean inspections are not required before this date.
Whether you are using an electrician who is registered with a relevant competent persons scheme. These are electricians who are members of BESCA, Blue Flame Certification, Certsure, NAPIT, OFTEC, or Stroma.
More information on the Registered Competent Person Electrical website.
Whether Requirement H4 applies. If you think that there may be a public sewer within the vicinity of your extension, then it is likely that H4 will apply. You can contact Building Control for advice on the Brighton and Hove Sewer map.
Whether any local enactment applies to the proposed work and details of the steps to be taken to comply with that local enactment.
The East Sussex Act 1981 requires suitable access for the Fire Service to be provided to any proposed new or converted building which provides sleeping accommodation. Please contact Building Control for advice if you propose to construct or convert a building that will provide sleeping accommodation.
Compliance Declarations are now required by Building Control before a Completion Certificate can be issued and should be provided by the Client, Principal Designer and Principal Contractor.
The compliance declaration should include the name, address and contact details of each of the Dutyholders as well as the information below.
A statement by the client confirming that works are complete and that to the best of the clients knowledge ‘the works comply with the applicable requirement of the Building Regulations’
A statement by each Principal Designer (or sole lead designer) confirming the dates of their appointment and that they have fulfilled their duties as Principal Designer under 2A (Dutyholders and competence) of the Building Regulations etc. (Amendment) (England) Regulations.
A statement by each Principal Contactor (or sole contractor) confirming the dates of their appointment and that they have fulfilled their duties as a Principal Contractor under 2A (Dutyholders and competence) of the Building Regulations etc. (Amendment) (England) Regulations.
Useful inks related to these building regulation changes.
Guidance on Collaborative Procurement for Design and Construction to Support