Navigating the Transition Period and Gateway Procedures for Building Control Approvals

There are lots of changes coming to the Building Safety Act and a number of important timelines. Below we explore key updates and requirements related to high-risk buildings, their control bodies, and the role of the Building Safety Regulator.

We dipped into the transitional period, highlight the newly introduced fire safety and building safety regulations, and we also have details of how we can help you ensure compliance and staying up-to-date with the latest developments in building safety when we ran our Technical CPD Session.

Transitional Requirements for High-Risk Buildings

• Up until 1st October, a client may appoint a Building Control Body from either the Local Authority or an Approved Inspector.
• In scope High Risk Buildings:
  • 18m or 7 Storey in height
  • With at least two residential units
  • Care Home
  • Hospital

Submission to Building Safety Regulator (BSR)

• From 1st October, if no previous application has been made to an LABC/Approved Inspector, any works for the erection or alteration of a high-risk building must be submitted to the BSR.
• Note: There is a specific legal definition of “high-risk building” and “building”.
• Obtaining certification from the BSR involves a fundamentally different process compared to the Local Authority/Approved Inspector process, and applicants will be subject to the new “Gateway” procedures.

Transition Period for “In Flight” Applications

• Applications submitted to an Approved Inspector/Local Authority before 1st October 2023 are considered “in flight” applications.
• Transition period:
  • The Approved Inspector must have been granted a “Registered Building Control Approver” (RBCA) license by the BSR before 1st April 2024.
  • If works are commenced prior to 1st April 2024, the RBCA/Local Authority can continue to be the Building Control Body on the project.

Additional Information

• From 23 January 2023, the following fire safety regulations came into force:
  • The Fire Safety (England) Regulations 2022 introduced new duties for building owners or managers (Responsible Persons) under the Regulatory Reform (Fire Safety) Order 2005.
• From 6 April 2023, the following building safety regulations came into force:
  • The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023: Determine the buildings subject to the new safety regime established by the Building Safety Act 2022 in England.
  • The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 No.396: Set out the requirements for “key building information” in higher-risk buildings, duties for submitting such information, and determining the responsibilities of the Accountable Person (AP) under the Building Safety Act 2022.
  • The Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023: Require all higher-risk buildings to be registered with the Building Safety Regulator by 1st October 2023. The registration application must include details about contact information for each AP, a building description, and information regarding building control approvals. A £251 registration fee is payable at the time of application. In case of any changes to the registration information, the Principal Accountable Person (PAP) must notify the Building Safety Regulator within 14 days of becoming aware of the change.
• The Home Office has also published guides to fire safety for smaller premises and a Fire Risk Assessment Prioritisation Tool.

Reminder: Registration Process for High-Rise Residential Buildings

On the 12th of April 2023, the Building Safety Regulator opened the registration process for high-rise residential buildings in England.

It is a legal requirement under the Building Safety Act 2022 for all high-rise residential buildings:

• 18 meters tall or higher, or at least 7 storeys tall,
• With two or more residential units,

To be registered with the Building Safety Regulator by the 1st of October 2023.

The Principal Accountable Person (PAP) for each building, or someone authorized by them, is required to complete the registration process.

The fee to register each building is £251.

For more information, please visit the official government website.