The Building Regulations etc. (Amendment) (England) Regulations 2023
Overview
The Building Regulations Etc. (Amendment) (England) Regulations 2023 mark a significant step in the United Kingdom’s efforts to enhance building safety and address the complexities of modern construction practices. These Regulations, designed to support a new higher-risk building control regime, were brought into effect by the Department for Levelling Up, Housing and Communities following the recommendations of the Building Safety Act 2022.
The key requirements for businesses under these Regulations include:
- Building Control Regime Changes: The core purpose of the 2023 Regulations is to amend the Building Regulations 2010 to support the new higher-risk building control regime. This new regime aims to ensure the safety and compliance of higher-risk buildings by placing stricter controls on building work. Under the new system, the Building Safety Regulator becomes the sole authority for overseeing higher-risk building work, replacing local authorities and approved inspectors. The regulations establish responsibilities for dutyholders involved in the procurement, design, and execution of building work.
- Dutyholder Roles and Responsibilities: The 2023 Regulations introduce new dutyholder roles, including the client, principal designer, designer, principal contractor, and contractors. These dutyholders are accountable for planning, managing, and monitoring the design and execution of building work to comply with building regulations. Each dutyholder is required to have the necessary competence for their role, ensuring a higher level of accountability throughout the construction process.
- Commencement of Work Definition: The regulations redefine the “commencement of work” for building projects, establishing when work is considered to have begun. Different definitions apply to complex buildings, non-complex buildings, and other building work. This clarity aims to prevent ambiguity and ensure that building control approval remains effective.
- Regulator’s Notice: The regulations introduce a “regulator’s notice” allowing developers to seek building control oversight from the Building Safety Regulator for both higher-risk and non-higher-risk building work on the same project. This streamlines the building control process, ensuring consistency across the site.
- Strengthening Fire Safety Information Handover: The 2023 Regulations reinforce the requirement for the transfer of fire safety information from the entity carrying out the work to the responsible person. This information aids in the safe operation and maintenance of the building.
The Building Regulations Etc. (Amendment) (England) Regulations 2023 were made on the 9th of August 2023 and came into force on the 1st of October 2023.
The Building Regulations Etc. (Amendment) (England) Regulations 2023 apply to England.
Do the Building Regulations Etc. (Amendment) (England) Regulations 2023 affect my business?
By establishing clear dutyholder roles and responsibilities, redefining the commencement of work, and introducing a regulator’s notice, these regulations strive to create a safer and more accountable construction industry in England. It is crucial for businesses and professionals in the sector to understand these regulations and adapt their practices accordingly to ensure the successful implementation of the new higher-risk building control regime.
Do I need the Building Regulations Etc. (Amendment) (England) Regulations 2023 in my ISO Compliance Register?
You will need the Building Regulations Etc. (Amendment) (England) Regulations 2023 in your ISO Compliance Register if your business falls under one or more of the following categories:
- Developers: Developers overseeing higher-risk building projects will face increased accountability and scrutiny, ensuring the safety and compliance of their developments. They will also benefit from the option of using a regulator’s notice to simplify building control processes.
- Designers and Architects: Designers and architects must ensure that their designs meet the new building regulations and fire safety standards. Their responsibilities extend beyond aesthetics to include safety considerations.
- Contractors and Builders: Contractors and builders undertaking construction work, both on higher-risk and non-higher-risk buildings, are required to adhere to the new regulations and standards, ensuring the proper execution of work.
- Building Control Inspectors: The role of building control inspectors evolves under the 2023 Regulations. Local authorities and approved inspectors no longer oversee higher-risk building work, with the Building Safety Regulator assuming this responsibility.
Legislation related to the Building Regulations Etc. (Amendment) (England) Regulations 2023
Legislation related to the Building Regulations Etc. (Amendment) (England) Regulations 2023 include:
- Building Safety Act 2022
- The Building Regulations 2010
- The Building Safety (Leaseholder Protections etc.) (England) (Amendment) Regulations 2023
- The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023
More information
Visit the Building Regulations Etc. (Amendment) (England) Regulations 2023 article on the legislation.gov.uk website.
Create an account in the ISO Compliance Register App and add this article (which are updated by the Building Regulations Etc. (Amendment) (England) Regulations 2023) to your Register.
