Important changes to the Building Regulations came into effect from 1st October 2023 which were emulated from reviews undertaken following the Grenfell tragedy and are part of the Governments response to the recommendations of these reviews as outlined in the Building Safety Act 2022.
Affecting all areas of construction and refurbishment, the new legislation places greater responsibility on “Dutyholders” and all construction professionals. Any new Initial notice served from 1st October 2023 will automatically fall into this new legislation and will require additional documentation at both appointment and completion. The new process mirrors the principals of the Construction Design and Management Regulations 2015.
What are the main changes?
In brief, the following are the main changes and updates to The Building Safety Act, however, all technical advice and information should be sought from either the Local Authority or your Approved Building Inspector.
Higher Risk Buildings and the Building Safety Regulator:
In addition to the greater responsibility to clients and contractor, a new Building Control process will come into force for Higher Risk Buildings (HRBs). These are buildings with seven or more stories or at least one storey with a finished floor height more than 18m above the ground floor and contain two or more residential units.
If a project falls within the above category, this would trigger the requirement to contact and register work with the new Building Safety Regulator (BSR), which is a new creation within the Health and Safety Executive (HSE) who carries extensive new powers of regulation, inspection and enforcement.
For these type of buildings and criteria, local authority Building Inspectors or Building Control Approved Inspectors cannot be utilised.
The Role of the Dutyholders:
Regulations made under the Building Safety Act define new Dutyholders who will have specific duties in relation to ensuring that building work complies with the Building Regulations. They are key roles that are assigned specific responsibilities at particular phases of the building life cycle and affect the Client, Designers and Principle Designers, Contractors and Principle Contractors.
A Dutyholder is required to submit additional information to Building Control pre-commencement and upon completion including a Compliance Declaration in order to be issued the final certificate.
Changes to the Building Control Process
Under the new regulation changes, Building Control is to be become a regulated profession where Building Inspectors will be required to become ‘Registered Building Inspectors’ (RBIs) where certain qualifications or experience will be held by individuals working with the profession to ensure high performance and consistency.
In addition, all Approved Inspectors will need to become Registered Building Control Approvers (RBCA) by the 6th April 2024 , which like the former, is aimed at validation and ensuring high performance and consistency.
Fire Safety Information
Regulation 38 requires information on fire safety to be passed on at the end of a project on all buildings to which the Fire Safety Order applies. For the purpose of Building Regulations, ‘fire safety information’ means information relating to the design and construction of a building, extension or refurbishment, the services, fittings and equipment provided in or connection with the building which will assist the ‘responsible person’ to operate and maintain the building with reasonable safety. The responsible person means the employer or person with control of the premises.
Until the fire safety information is given, the Building Officer or Approved Inspector will be unable to satisfy the requirements for the issue of the final certificate.
Summary
The changes and updates of the Building Safety Act 2022 greatly increase the severity of the consequences of failing to comply with the core requirements for the giving of notices and prescribed information to the applicable building control authority.
At Jaydee-Brook, we have strong relationships with one of the UK’s leading Approved Inspectors who are at hand to advise and consult on each stage of the Building Control process and provide unparalleled expertise and support for your project.
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