FAQ’s
FAQs
Latest Updates
New legislation for Fire doors referencing the European standard EN13501 will come into force in March 2025 with full enforcement in September 2029, so there is a transition period for the industry. A test certificate for the doors confirming they have been tested to BS476 Part 22 will remain valid until September 2029. After this date, fire doors must be certified solely under EN 13501. This change means that all previous BS 476 test evidence will no longer be valid under Approved Document B, the UK’s statutory fire safety guide. Manufacturers will need to obtain new testing evidence specific to the European method, including extended application (EXAP) procedures for each type of fire door.
Duty Holder Roles and Responsibilities
Duty holders will now be required to create and uphold a ‘golden thread’ of information for a higher risk building throughout its lifecycle. This will include capturing up-to date information on the building design, build and management and storing it digitally. A Safety Case Report will be presented with and form part of the golden thread of information. This will summarise the information used to manage the risk of fire spread and structural safety of the building and demonstrate the ongoing safety of a building. It will also identify any major fire or structural hazards and outline how they manage these risks.
The Client is the person for whom the building work is done; often the Client will be the developer or the building owner. In many projects there could be more than one entity which will satisfy that definition and the regulations allow for the clients to agree between themselves who will be the client for the purposes of the Building Regulations, much in the way that the CDM Regulations do.
The Client has a major influence over the way a project is procured and managed – and, of course, how the work is funded. They control the contract, the finances, and the time available for the project.
The Client should have suitable arrangements in place to ensure that the design work and the building work can be completed in accordance with building regulations. In practice, this means appointing the right people, with the right competencies (the skills, knowledge, experience and behaviours or organisational capability) for the work and ensuring those they appoint have systems in place to ensure compliance with building regulations.
Where there is more than one contractor working on the project, the Client will need to appoint a Principal Designer to be in control of design work and a Principal Contractor to be in control of the whole project during the construction phase.
There are requirements for a client to check the competency of the entities it is appointing on a project, including the principal contractor and principal designer, much like the current requirements under the CDM Regulations. The regulations introduce specific checks that the client must undertake as part of the competency check where the works involve High Rise Building (HRB) work. The client must also keep a written record of the steps taken to ensure competence in these circumstances.
Clients should review the current questions they ask their prospective contractors and consultants’ pre- appointment to ensure that they can be satisfied that the persons they are appointing are competent to perform the role they are being appointed to do.
Please note there are additional responsibilities where the work relates to a high-rise residential building.
A Building Regulations Principal Designer (BRPD) can be the same individual or organisation as the CDM Principal Designer (CDM-PD).
According to PAS 8671 and HSE supplementary guidance, a Building Regulations Principal Designer can be either an individual or an organisation. They are a designer who has control over the design work and can be, for example:
an architect
an engineer (structural or otherwise)
a surveyor
It is important that the Principal Designer is part of the design team and not a third party without influence over design decisions.
A Principal Designer is not expected to be an expert in every design specialism, but they should have sufficient knowledge of the Building Regulations to assess whether the design complies with all relevant requirements.
They should also understand technical guidance, codes of practice, and standards so that they can assess, challenge, and support the design team in reaching consensus on compliance.
A “designer” means any person (including a client, contractor or other person referred to in Part 2A of these Regulations) who in the course of a business:
- (a) carries out any design work, or
- (b)arranges for, or instructs, any person under their control to do so
- “design work” means design of any building work
11J – Any person carrying out any design work must take all reasonable steps to ensure the design work carried out by them (and by any workers under their control) is planned, managed and monitored so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.- 11K.—A designer must not start design work unless satisfied that the client is aware of the duties owed by the client for the building work to which the design relates under all relevant requirements.
- When carrying out design work the designer must take all reasonable steps to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.
- In providing a design, a designer must take all reasonable steps to provide sufficient information about the design, construction and maintenance of the building to assist the client, other designers and contractors to comply with all relevant requirements.
- Where a designer is carrying out only part of the design of the building work which comprises a project, the designer must consider other design work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal designer.
- If requested to do so, a designer must provide advice to the principal designer or the client on whether any work, to which a design they are preparing or modifying relates, is higher-risk building work.
Qualitas cannot act in the Principal Designer role under the new Building Regulations – Part 2A.
Our role is to support the design process and advise on compliance with the Building Regulations. Substantiating the chosen approach to the design sits with the Principal Designer, encompassing all aspects of design, production of detailed specifications, drawings and co-ordinating with other designers in the team.
A Principal Designer cannot delegate their responsibilities and they should be able to demonstrate their relevant competencies to work on the project. At the end of the project, it will be the responsibility of all duty holders to issue compliance declarations.
Greater emphasis is now placed on those who commission building work and the design team to demonstrate compliance with building regulations. When submitting an application for building works, it is important to ensure that the application is complete, and clearly and comprehensively demonstrates compliance with the building regulations. Incomplete or unclear applications can result in delays in the approval process or worse, rejection, especially if submitted to the BSR.
To assist your chosen RBCA / RBI in making an informed decision as to whether the functional requirements of the building regulations have been met, building control applications should:
Identify every aspect of the project that requires compliance with building regulations. This includes structural and fire safety. Ensure nothing is overlooked by compiling a comprehensive list. This list serves as the foundation for the compliance documentation.
Clarify which standards, code, or documents your building design complies with. Explain why each standard was chosen. Also, explain how it applies to the project. This provides a clear rational for the chosen compliance solutions.
Justify compliance by providing a narrative. It should explain how compliance has been achieved for each identified element of work. This approach allows your building control body to verify compliance easily without further interpretation.
11C – (2) If a domestic client fails to make the appointments required by regulation 11D (principal designer and principal contractor)—
(a)the designer in control of the design phase of the project is the principal designer;
(b)the contractor in control of the construction phase of the project is the principal contractor.
(3) Regulation 11D(5) does not apply to a domestic client
11K.—(1) A designer must not start design work unless satisfied that the client is aware of the duties owed by the client for the building work to which the design relates under all relevant requirements.
(2) When carrying out design work the designer must take all reasonable steps to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.
11M.—(1) The principal designer must—
(a)plan, manage and monitor the design work during the design phase; and
(b)coordinate matters relating to the design work comprised in the project so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.
11A.—(1) A client must make suitable arrangements for planning, managing and monitoring a project (including allocation of sufficient time and other resources) so as to ensure compliance with all relevant requirements.
11F.—(1) Any person carrying out any building work or any design work must have—
(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,
(b)where the person is not an individual, the organisational capability,
to carry out—
(i)the building work in accordance with all relevant requirements;
(ii)the design work so that the building work to which the design relates, if built, would be in accordance with all relevant requirements.
(2)Any person carrying out any building work as a contractor or any design work as a designer must have—(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,
(b)where the person is not an individual, the organisational capability,
to fulfil the duties of a contractor or designer, as the case may be, under these Regulations in relation to the work.
(3)The requirements in paragraphs (1) and (2) do not apply to an individual (T) who is in training to fulfil those requirements.
(4)The person who asked T to carry out any building work or, as the case may be, any design work must ensure T is adequately supervised when carrying out the work.
(5)A person who is in training to fulfil the requirements of a principal contractor or a principal designer may not be appointed as a principal contractor or a principal designer.
Our Building Regulations Consultancy service we can be appointed at any stage of the project to provide invaluable advice about the regulations and Building Control process.
Contact us today: info@qualitascompliance.com
Building Control Body Processes
Under the new Building Regulations start of work has a different meaning and is the actual start of the building work.
Notification for start of works must be given at least two days before building work starts to the chosen Building Control provider.
Notification of commencement must be given not more than 5 days after the date on which work is regarded as commenced.
Commenced has different meanings depending on the type of work.
Complex buildings
These are:
- Building to be constructed on the same foundation plinth or podium as any other building or structure.
- A building which has more than one storey below ground
- A building which it is proposed use is primarily as a public building or a section of the public has access to the building provided the building has a capacity for 100 or more visitors. Refer to Regulation 46A(5) for definition of public building.
For complex buildings commencement will be the date at which foundations supporting the buildings and structure of the lowest floor level of that building (but not other buildings or structures supported by those foundations) are completed.
Non-Complex Buildings or Horizontal Extension of a Building
Commencement of these buildings will be the date at which the sub-surface structure of the building or extension including all foundations, any basement level (if any) and the structure of ground floor level is complete.
All Other Building Work
Where the work consists of any other building work then work is to be regarded as commenced at the stage when the client considers 15% of the building work will be completed.
It is a requirement to provide a statement setting out the date when work will reach the point it will be regarded as commenced.
All of the duty holders as defined in Part 2A of the revised Building Regulations Statutory instrument 2023 will have to sign one to confirm the building work has been designed and constructed in accordance with the Building Regulations. This will include the client, designer, principal designer, contractor, and principal contractor. Specific rules apply and therefore it is best to check with your Building Control body exactly what they require. Some Building control bodies may decline to inspect the work until they have received the declarations from all duty holders.
As from the 6th April 2024 architects and designers are facing a new building control approach whereby local authority Building Control departments or Registered Building Control Approvers ( formerly Approved Inspectors ) are unlikely to work collaboratively to provide design advice and support at the early stages of a project.
The new regulatory system stipulates that on submission to a Building Control Body the appointed Principal Designer must present a package of information that demonstrates compliance with the Building Regulation functional requirements. If it’s not compliant or lacks a certain level of information/detail you run the risk of having your Building Regulation application rejected, advice as to how the design should be compliant is unlikely to come from a Building Inspector as they would be crossing a line in becoming a Designer.
You may also find that Building Inspectors will not comment on a project at the early RIBA Stages when you would like some design advice and feedback on your proposals. This is when you have the option of contacting Qualitas Compliance who can provide expert Building Regulation advice.
We can offer you an interactive collaborative approach to working with the Principal Designer or Designer/s, de-risking the design process prior to your Building Regulation submission. Through working with the client and design team, we can undertake those early checks on proposals, offer support and design advice. Our compliance reports can provide further evidence to support your design package to the regulatory Building Control Body.
11M – (2) The principal designer must take all reasonable steps to ensure that—
(a)designers, and any other person involved in relation to design work, cooperate with the client, the principal designer, the principal contractor and each other;
(b)the design work of all designers is coordinated so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements; and
(c)designers, and any other person involved in relation to design work, comply with the duties under these Regulations.
High-Risk Buildings (HRBs) and Independent Sections
An “independent section” is a section that—
a.has access, which can be reached from anywhere in the section, for persons to enter and exit the wider building; and
b.either—i.has no access to any other section of the wider building; or
ii.only has access to another section of the wider building which does not contain a residential unit.
“Access” means a doorway, archway or similar opening but does not include a doorway, archway or similar opening intended for exceptional use including emergency use or use for the purpose of maintenance.
The “wider building” means—
a.in relation to a section of a structure that is not attached to any other structure, that structure;
b.in relation to a section within two or more structures that are attached, that set of structures.
11B – (1) A client must make suitable arrangements to ensure information is provided to the designers and contractors working on a project which includes any higher-risk building work to make them aware that the project includes higher-risk building work and the nature of the higher-risk building work.
(2) Paragraph (1) includes a duty to periodically review the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work and to ensure information is provided under paragraph (1) where the work becomes higher-risk building work.
11D – (8) In relation to higher-risk building work, on appointing a principal designer, for each appointment the client must keep a record, in writing, of the steps it took under paragraph (2) to (4) of regulation 11E (considerations before a person carries out work).
(10) In relation to higher-risk building work, on appointing any other person, the person making the appointment must give to the client (and the client must keep) a record, in writing, of the steps the person making the appointment took under regulation 11E(2) (considerations before a person carries out work).
Publicly Available Specification (PAS) 9980 is a methodology developed by the British Standards Institution (BSI) drawing on expert advice from professionals across industry which provides a means of appraising the likely fire performance of external walls. PAS 9980 sets out how to carry out a detailed fire risk assessment of the external walls in buildings where a standard fire risk assessment has identified the need for one. Under the Fire Safety Act 2021, responsible entities are required by law to carry out a fire risk assessment of their buildings that includes the external walls. Where a detailed fire risk assessment of the external walls is needed, this should be done to the standard set out in PAS 9980.
EWS1 forms and the EWS1 process are a valuation tool designed by industry (lenders and valuers). They are not a statutory or regulatory requirement or a fire safety certificate. It is a commercial decision by lenders whether to ask for an EWS1 form. RICS has made clear that valuers must always have a justification for requesting an EWS1, and, that investigation and assessment underpinning an EWS1 should be undertaken in accordance with PAS 9980.
