Building Control Changes: October 2023

Summary

This article discusses the key changes to Building Control procedures in the UK, effective from October 1, 2023. These changes introduce a new regime for higher-risk buildings, placing the Building Safety Regulator (BSR) as the sole building control authority. The article also outlines new duty holder roles, responsibilities, and emphasizes the importance of competence in building projects.

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** Main Story**

Okay, so October 1st, 2023 – that date basically rewrote the rulebook for building control in the UK. The Building Safety Act 2022, you see, brought about some pretty major amendments to the Building Regulations, especially when we’re talking about higher-risk buildings. What’s the goal? Simple: ramp up safety and make sure everyone’s accountable, right from the project’s start to finish.

Higher-Risk Buildings: A New Level of Scrutiny

Now, the big thing is this new Building Control setup for higher-risk buildings. Think residential towers over 18 meters, or seven stories. This also includes places like care homes and hospitals. The Building Safety Regulator – or BSR – is now the building control authority for these types of projects. Local councils and private firms? They’re not overseeing these anymore.

This is, in my opinion, a really smart move. It standardizes how things are done and really focuses on safety in those trickier structures. Now, developers have to send their design plans straight to the BSR for approval, proving they’re playing by the rules. And the BSR? They’ve got these Multi-Disciplinary Teams (MDTs), pulling in experts from both the public and private sectors, to really dig into those applications. I actually worked on a project a couple of years back where the approval process felt like pulling teeth. Maybe this new system will help prevent that sort of thing from happening again!

But it doesn’t stop there. Before anyone can actually live or work in one of these buildings, it has to be registered with the BSR. They’ll give it a completion certificate after checking everything’s up to code, doing a final inspection, and going over all the paperwork.

Duty Holders: New Roles, New Responsibilities

These changes also mean new roles and responsibilities, and they’re based on the Construction Design and Management (CDM) regulations. These roles apply to all building work covered by the 2010 Building Regulations. Here’s a quick rundown:

• Client: This is the person paying for the work. They’re in charge overall and need to make sure everyone involved knows what they’re doing.
• Domestic Client: Basically the same as above, but it’s not for business purposes. Think someone renovating their home.
• Principal Designer: They used to be called the ‘agent.’ They’re responsible for planning and managing everything before construction starts, making sure all the designers are doing their jobs right.
• Principal Contractor: Previously ‘the builder,’ they’re in charge of the planning, managing, and monitoring during construction. Their main concern is health and safety. It’s a lot of work, believe me.

Now, get this: all these duty holders legally have to make sure whoever they hire is actually competent. No cutting corners! They also need to share relevant info with everyone else in the chain – Client, Principal Designer, and Principal Contractor. It’s all about working together and being open about everything; transparency is key.

Competence: It’s Non-Negotiable

The new regulations put a huge emphasis on competence. And when I say competence, I mean having the “appropriate skills, knowledge, and behaviors” for the job. If you’re designing, building, or fixing something up, you have to know your stuff. Organizations need to prove they have the right management policies, procedures, systems, and resources in place. Think of it as raising the bar across the entire building industry.

• Basically, if you don’t know what you are doing, you shouldn’t be doing it. It is about time, don’t you think?

Application Process: What’s Changed?

The application process itself has been tweaked too. You’ve got to provide more info now, including contact details for the duty holders and a detailed breakdown of the project. This helps the BSR keep tabs on everything. Also, the definition of when work has “commenced” has been updated.

• For new buildings, it’s usually when the foundations and ground floor are done. For other projects, it’s when 15% of the work is complete. So, it’s something you have to keep in mind, and plan for.

What About Existing Projects?

There are transitional arrangements. If an Initial Notice or full plans were submitted before October 1, 2023, and work was already “sufficiently progressed” by April 6, 2024, some projects can continue under the old rules. But! Building control approval now automatically expires after three years if work hasn’t started. Three years, gone.

And, let’s not forget that the Building Safety Act 2022 has beefed up enforcement. Local councils and the BSR can issue compliance and stop notices, telling you to fix something by a certain date. Ignore them? You could face fines, jail time, or both. It’s really not worth the risk.

The Bottom Line

Look, these changes are a big deal. The aim is to make the construction industry safer and more accountable. The BSR’s central role, these new duty holder roles, and that focus on competence… it all points to a more solid and transparent system. If you’re in the industry, it’s crucial to understand these changes so you can help make sure your projects are safe and compliant. And I think everyone can get behind that, right?

Now, as of today, March 7th, 2025, all this is still in effect. But hey, regulations can change, so always keep up with the latest news and guidance. You don’t want to get caught off guard.