Important information for clients, designers and contractors
On October 1st, 2023 important changes to the Building Regulations came into force. These updates are designed to enhance safety, sustainability, and efficiency in construction projects across the UK.
Background and what has changed
The Government published amendments to the Building Regulations, which now apply to all Building Control applications submitted after 1st October 2023. The Government has formed a new regulatory body within the Health and Safety Executive (HSE) called the Building Safety Regulator (BSR). The BSR will oversee many aspects of building safety, including Building Regulations and Building Control.
If you, or someone on your behalf, have submitted a building control application, you have new legal responsibilities from 1st October 2023 as a Client, Designer or Contractor.
You must follow these legal procedures so that your building control application can be considered.
Qualitas Compliance’s Building Regulation Consultancy service can assist all dutyholders in meeting their responsibilities under the new Building Regulations legislation. Contact us here to find out more.
Duty Holders
The regulations set out duty holder roles for persons and organisations who undertake any building work to which the building regulations apply, these are:
- Client
• Principal Designer
• Designers
• Principal Contractor
• Contractors
The roles are modelled on those within CDM regulations and are already embedded in the construction industry. However, these duty holder roles now extend beyond Health and Safety and into Building Regulation compliance as well as setting out roles and responsibilities that also cover residential domestic building projects.
Identifying where you fit:
• A Client is a person for whom the project is carried out
• A Domestic Client is the same as the Client, but not for the furtherance of a business activity
• A Principal Designer is the Designer appointed under Reg 11D – is usually the lead designer
• A Principal Contractor is the builder appointed under Reg 11D – is usually the lead contractor
• A Designer is any person (including a client, builder or anyone else) who carries out, arranges for or instructs design
• A Contractor is any person (including a Client (but not a domestic client) who carries out, manages or controls work
Note: All duty holders must share information with anyone who might be affected within the Client, Designer and Contractor chain
Qualitas Compliance Building Regulation Consultancy Service
Under the new regime Building Control bodies are not permitted to provide design advice to dutyholders. Where previously you might have received assessments and advice on compliance prior to submitting a Building Control application, Building Control providers are no longer able to participate in this type of consultancy.
This is where we come in, our Building Regulations specialists can provide consultancy services that will bridge the gap between you and your Building Control body.
We can provide design advice and support from early conception, through to completion of the project, and as well as guide you through the Building Control application process to minimise the risk of having your application rejected.
Our mission is to reduce design risk for principal designers to support compliance with statutory regulations through collaborative working.
Find out more about our service here.
Further Reading
The Building Safety Act 2022
The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023. SI 2023 No. 909
The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023. SI 2023 No.906
The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. DRAFT SI 2023 No. TBC
HSE – Building Control: An overview of the new regime Gateways 2 and 3 – application to completion certificate Published 08/23
