Wales
November 2022
changes
England
June 2022
changes
Specifications now available at:
Notice of Commencement and Notice of Completion
See Explanatory Notes at:
Commencement & Completion Notices (Regulation 16 [3C], Part 2A)
Building Regulations Updates 1st October 2023 (Building Safety Act 2022)
October 1st 2023 changes to Buildings Regulations
The Building Safety Act 2022 has brought changes in the Building Regulations, with Applications to Building Control now requiring inclusion of some additional information. There are also changes to the definition of commencement of works and additional information is now required before a completion certificate can be released.
This is to ensure that at each stage in a building project, dutyholders are identified, and roles, responsibilities & 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:
- They have competence (the necessary skills, knowledge and behaviour) to carry out the design and building work they are engaged to do.
- That they cooperate with other dutyholders, coordinate their work and communicate and provide information to other dutyholders.
- That there are arrangements and systems in place: to plan, manage and monitor the design and building work, to ensure compliance with building regulations.
That client must take all reasonable steps to satisfy themselves that the dutyholders are competent.
Duty holder definitions
Domestic Client
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.
Commercial Client
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.
Designers
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.
Principal Designers
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.
Contractor
A contractor is anyone who directly employs or engages construction workers or manages construction work. Contractors include subcontractors, 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.
Principal Contractor
A principal contractor is appointed by the client to control the construction phase of any project involving more than one contractor.
Additional Information required on application forms
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:
Details of the Principal Designer
See definitions above
Details of the Principal Contractor
See definitions above
'Statement of consent'
Where the application is not being submitted by the client, the Designer or Contractor will need to provide a 'Statement of consent', signed and dated by the client, stating that they agree that the application can be made and that the information contained in the application is correct.
Regulatory Reform (Fire Safety) order 2005
Whether the building is one 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.
Higher Risk Buildings
Confirmation that the building is not classed as a Higher Risk Building. These are buildings with 7 or more storeys or that are 18 metres or higher, and either:
- have at least 2 residential units
- are hospitals or care homes (during design and construction)
Use of the building
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.
Height of the building
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.
Number of storeys
The number of storeys in the building before and after building work has taken place.
Commencement date
A statement setting out the date when it is proposed that 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 stage has been reached:
Horizontal extensions and new builds
- 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 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 that inspections are not required before this date.
Electrical Work
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. Please see this link for further guidance Home (electricalcompetentperson.co.uk)
Requirement H4
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 Sewer map.
Local Enactments
Whether any local enactment applies to the proposed work, and details of the steps to be taken to comply with that local enactment.
For example, 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.
Additional information required on Completion
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:
-
Client Compliance Declaration
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’
-
Principal Designer Compliance Declaration
A statement by each Principal Designer (or sole lead designer) confirming the dates of their appointment and that they have fulfilled their duties as a Principal Designer under 2A (Dutyholders and competence) of the Building Regulations etc. (Amendment) (England) Regulations 2023
-
Principal Contractor Compliance Declaration
A statement by each Principal Contractor (or sole contractor) confirming the dates of their appointment and that they have fulfilled their duties as Principal Contractor under 2A (Dutyholders and competence) of the Building Regulations etc. (Amendment) (England) Regulations 2023.
Building Safety Act 2022
Commencement & Completion Notices, Explanatory Notes (Regulation 16 [3C], Part 2A etc)
Building Regulations Updates 1st October 2023 (Building Safety Act 2022)
Specifications now available: Notice of Commencement and Notice of Completion
See Explanatory Notes at: Commencement and Completion Notices (Regulation 16 [3C], Part 2A etc)
October 1st 2023 changes to Buildings Regulations
The Building Safety Act 2022 has brought changes in the Building Regulations, with Applications to Building Control now requiring inclusion of some additional information. There are also changes to the definition of commencement of works and additional information is now required before a completion certificate can be released.
This is to ensure that at each stage in a building project, dutyholders are identified, and roles, responsibilities & 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:
- They have competence (the necessary skills, knowledge and behaviour) to carry out the design and building work they are engaged to do.
- That they cooperate with other dutyholders, coordinate their work and communicate and provide information to other dutyholders.
- That there are arrangements and systems in place: to plan, manage and monitor the design and building work, to ensure compliance with building regulations.
That client must take all reasonable steps to satisfy themselves that the dutyholders are competent.
Duty holder definitions
Domestic Client
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.
Commercial Client
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.
Designers
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.
Principal Designers
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.
Contractor
A contractor is anyone who directly employs or engages construction workers or manages construction work. Contractors include subcontractors, 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.
Principal Contractor
A principal contractor is appointed by the client to control the construction phase of any project involving more than one contractor.
Additional Information required on application forms
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:
Details of the Principal Designer
See definitions above
Details of the Principal Contractor
See definitions above
'Statement of consent'
Where the application is not being submitted by the client, the Designer or Contractor will need to provide a 'Statement of consent', signed and dated by the client stating that they agree that the application can be made and that the information contained in the application is correct.
Regulatory Reform (Fire Safety) order 2005
Whether the building is one 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.
Higher Risk Buildings
Confirmation that the building is not classed as a Higher Risk Building. These are buildings with 7 or more storeys or that are 18 metres or higher, and either:
- have at least 2 residential units
- are hospitals or care homes (during design and construction)
Use of the building
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.
Height of the building
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.
Number of storeys
The number of storeys in the building before and after building work has taken place.
Commencement date
A statement setting out the date when it is proposed that 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 stage has been reached:
Horizontal extensions and new builds
- 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 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 that inspections are not required before this date.
Electrical Work
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. Please see this link for further guidance Home (electricalcompetentperson.co.uk)
Requirement H4
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 Sewer map.
Local Enactments
Whether any local enactment applies to the proposed work, and details of the steps to be taken to comply with that local enactment.
For example, 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.
Additional information required on Completion
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:
-
Client Compliance Declaration
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’
-
Principal Designer Compliance Declaration
A statement by each Principal Designer (or sole lead designer) confirming the dates of their appointment and that they have fulfilled their duties as a Principal Designer under 2A (Dutyholders and competence) of the Building Regulations etc. (Amendment) (England) Regulations 2023
-
Principal Contractor Compliance Declaration
A statement by each Principal Contractor (or sole contractor) confirming the dates of their appointment and that they have fulfilled their duties as Principal Contractor under 2A (Dutyholders and competence) of the Building Regulations etc. (Amendment) (England) Regulations 2023.
See Building Safety Act 2022 Commencement and Completion Notices, Explanatory Notes (Regulation 16 [3C], Part 2A etc)
