Important changes to building control from 1 October 2023

The latest legislative changes relating to The Building Safety Act 2022 came into force on the 1 October. The Government published the secondary legislation at the end of August. See below for a summary of changes to commencement and completion requirements that may impact your projects.

There are three new duty holders defined in the amended regulations:

Client including Domestic Clients -previously known as the Applicant
Principal Designer - previously known as the Agent
Principal Contractor – previously known as the Builder

Notice of Commencement

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

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

Progressed to damp proof course level with ground floor structure complete (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 1 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 five 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 and
email address (if available)

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.

For buildings subject to the Fire Safety Order, the client must submit the same notice, but within five 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.