As of October 2023, the construction sector in England finds itself navigating a transformed regulatory framework, with the Building Safety Regulator (BSR) now acting as the Building Control Authority specifically for higher-risk buildings (HRBs). This pivotal change predominantly affects residential structures exceeding 18 metres or seven storeys, alongside hospitals and care homes that meet analogous height criteria. The BSR’s primary objective is to ensure stringent adherence to building regulations, requiring developers to furnish applications that are both comprehensive and meticulously detailed, thereby facilitating a more seamless and efficient approval process.
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The new responsibilities bestowed upon the BSR necessitate that developers present applications which unequivocally illustrate compliance with existing building regulations. This process involves a thorough identification of each element within a project that necessitates regulatory conformity. A critical component of the application is the provision of a narrative that delineates how compliance has been achieved for each aspect of the HRB. This narrative is not merely a formality; it serves as a pivotal tool that allows the BSR to ascertain compliance with minimal scope for misinterpretation, thus streamlining the verification process and ensuring that all building control standards are rigorously met.
It is worth noting that the BSR’s mandate does not extend to offering pre-application advice on building control submissions, nor does it provide guidance on achieving regulatory compliance. However, in the case of particularly intricate projects, especially those encompassing multiple buildings, the BSR may offer advice on how applications can be strategically staged. Developers are therefore advised to consult with competent professionals to ensure their submissions are crafted in accordance with the precise standards required. Applications lacking the requisite detail or failing to clearly demonstrate compliance risk rejection, which could lead to delays and necessitate costly revisions. The BSR has made available a comprehensive FAQ guide that provides insights into its operational expectations, covering a variety of applications, including smaller refurbishment projects, hospital projects, and work on existing buildings.
A notable feature of the HRB regime is the introduction of three ‘gateway’ points: planning approval, construction approval, and completion approval. These checkpoints are designed to embed fire safety considerations into the planning stage, ensure no construction commences without BSR approval, and mandate that HRBs pass BSR inspections before they can be occupied. This methodical approach is intended to bolster building safety and regulatory compliance throughout the construction lifecycle. Additionally, Multi-Disciplinary Teams (MDTs), led by the BSR, play an instrumental role in this process. MDTs are composed of a range of experts, including building inspectors, structural engineers, and fire safety specialists, who collectively provide regulatory advice, conduct inspections, and ensure that decision-making is robust and aligned with building regulations. These teams are integral to guiding the building inspection schedule and influencing any conditions that may be applied to a building control approval.
The guidelines and resources provided by the BSR serve as invaluable tools for those navigating this new regulatory terrain. Developers are urged to prioritise the submission of high-quality, detailed applications that clearly evidence compliance with building regulations. By adhering to these guidelines, developers can not only expedite the approval process but also contribute to the creation of buildings that are both safer and more compliant with regulatory standards.
Ultimately, the transition of the BSR into its role as the Building Control Authority for HRBs signifies a profound shift within the construction industry. Developers are compelled to adapt to this evolved regulatory environment by ensuring their building control applications are both comprehensive and detailed. By aligning with the BSR’s guidelines and leveraging its resources, developers can ensure compliance with building regulations, thereby playing a critical role in enhancing the safety and compliance of England’s built environment.
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