New Building Regs: Transitional Provisions

Summary

This article explains the transitional provisions within the UK’s Building Safety Act 2022, focusing on how these provisions affect higher-risk buildings. It clarifies which projects qualify for transitional arrangements and the steps developers must take to remain under the existing building control regime. Understanding these provisions is crucial for developers to navigate the changing regulatory landscape effectively.

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** Main Story**

Okay, so the Building Safety Act 2022 – it’s a pretty big deal for higher-risk buildings here in the UK, right? It basically rewrites the rulebook, and that means a lot of moving parts for developers to get their heads around. A key part of that is understanding the transitional provisions. Think of them as a kind of ‘grace period’ – a way to ease into the new system without projects getting completely derailed. These provisions let developers working on ongoing projects stick with the old building control rules, avoiding an immediate jump to the Building Safety Regulator (BSR). Seems fair enough, doesn’t it? If you understand these provisions you can steer your projects through this transition more smoothly.

Which Projects Qualify Anyway?

Basically, these transitional rules apply to projects that were already underway before the BSR became the main building control honcho for higher-risk buildings on October 1st, 2023. But there are catches – of course there are! To qualify, your project had to have proper building control arrangements sorted out before that date. We’re talking about submitting full plans or an initial notice to the local authority, which they had to accept. Crucially, it couldn’t have been rejected.

And here’s the kicker: the project also has to have made “sufficient progress” by April 6th, 2024. What does “sufficient progress” even mean? Well, that’s what everyone was asking!

Defining “Sufficient Progress” – It’s Tricky

Now, how they define “sufficient progress” actually depends on whether you’re talking about a brand-new higher-risk building or just working on an existing one. If it’s a new build, “sufficient progress” means you’ve actually started on the permanent foundations. Pouring concrete for foundations or starting piling – that kind of thing. You know, real, tangible progress.

For existing buildings, it’s a bit vaguer. “Sufficient progress” means the building work has started. Now, they don’t give you a super-strict definition of “started,” but generally, it means some kind of permanent building activity that was laid out in your project application. But you know how these things go, there’s always a bit of wiggle room for interpretation.

I remember a conversation I had about one project that stalled and the developer was worried they wouldn’t meet the sufficient progress requirement. They managed to get some building work done just in the nick of time to get the work across the line, in the end.

Meeting Notification Requirements: Don’t Miss This!

If you’re working on a project that does qualify, listen up: you need to be proactive. You’ve got to tell the local authority that your project has reached this “sufficient progress” milestone. That’s how you secure your spot under the old building control rules. Forget to send that notice by the deadline? Boom! Your project automatically gets transferred to the BSR. So, don’t drop the ball on this one, people!

Quick Recap: Navigating the Transition

So, the transitional provisions in the Building Safety Act 2022? They’re basically a lifeline for developers. They give you some breathing room to adjust to this new regulatory landscape. Just make sure you meet all the requirements, cross your ‘t’s, and dot your ‘i’s, and you should be alright. This information is current as of today, May 18th, 2025, but rules change, don’t they? So, stay sharp and keep an eye out for updates.

Transitional Provisions: Breaking it Down

Let’s clarify what we’ve already said; it’s worth breaking it down:

• Suitable Building Control Arrangements: You need to have submitted those full plans or initial notice to the local authority before October 1st, 2023. And, again, it couldn’t have been rejected. That’s key.
• Sufficient Progress for New Higher-Risk Buildings: Foundation work needs to have kicked off. Concrete pouring, piling – you get the gist.
• Sufficient Progress for Existing Buildings: Some actual building work, as described in your project application, needs to be underway.

The Bigger Picture: Impact of the Building Safety Act

Ultimately, the Building Safety Act 2022 changes the game for how we design, build, and manage higher-risk buildings in the UK. After the Grenfell Tower fire it’s completely understandable. The aim is to boost safety and accountability across the industry. So, what are the specific changes?

Key Changes Explained:

• New Dutyholder Roles: This act creates new roles with very clear responsibilities for building safety at each step of the project. So there’s no chance of people saying they didn’t know who was responsible.
• Gateway Regime: There are mandatory checks at key phases to make sure building regulations are being followed. Think of them as checkpoints to avoid mistakes.
• Golden Thread of Information: A digital record of the building’s design, construction, and ongoing maintenance is a new requirement. Sounds sensible, right? It’s about transparency and traceability.
• Safety Case for Higher-Risk Buildings: You’ve got to submit a safety case that explains how you’re managing fire and structural safety risks. It’s a pretty detailed document.
• Mandatory Occurrence Reporting: If something goes wrong, you have to report it to the BSR. It’s all about learning from mistakes and preventing future problems.
• Building Safety Levy: This levy will help pay for fixing historical building safety issues in higher-risk buildings. The money has to come from somewhere. And its only fair that new developments pay to fix the mistakes of the past.