Building Control Regime in England Moves to Registered Profession

The changes are set out in a circular letter from the Department for Levelling Up, Housing and Communities dated 1 February 2024. Since 1 October 2023 the Building Safety Regulator has been the building control authority for new higher-risk buildings in England, covering multi-occupied residential buildings, hospitals and care homes at least 18 metres high or with at least seven storeys, so new work in that category can no longer be overseen by local authority or private sector building control.

What changed on 6 April

Under the new building control regime, higher-risk building work begun under the old rules could stay with its existing building control body only if it was "sufficiently progressed" before 6 April 2024 and the local authority had been notified. For the construction of a higher-risk building, the letter explains that work is sufficiently progressed when the placement of permanent foundations has started, meaning the pouring of concrete for the permanent trench, pad or raft foundations or the permanent placement of piling. Work that did not meet that test transfers to the Regulator, and the new regulations for higher-risk buildings apply.

Under the Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023, approved inspectors overseeing existing higher-risk work also had to register as registered building control approvers by 6 April 2024 for the work to remain under private sector building control. Where they did not, the transitional arrangements mean the initial notice for that work ceases to have effect.

Who is affected

The Building Safety Regulator has said that from April 2024 anyone intending to carry out building control work in England must be registered as a building inspector, and that after April 2024 it is a criminal offence to work as a building inspector without registration. Inspectors must pass an independent competency assessment before applying. Developers, contractors and clients with live projects need to confirm which body is now responsible for their building work and whether the people overseeing it are properly registered.

What happens next

Projects transferring to the Regulator will need fresh applications to the Regulator under the new higher-risk building procedures, which may affect programmes and costs. The letter also notes that new rules on the lapse of plans apply to higher-risk work that had not started on site by 6 April 2024. Clients and contractors should review contracts for allocation of regulatory delay and redesign risk.

Sources

• GOV.UK: Circular letter, changes to the building control process
• Building Safety Regulator: Regulating the building control profession