The Health and Safety Executive (HSE) has issued a timely reminder to the construction industry about the transitional arrangements for the building control approval that will enable HRB projects to stay under the old rules.
As per these arrangements, qualifying projects will be allowed to stay under the current building control regime and avoid transfer to the Building Safety Regulator (BSR). Doing so will enable eligible higher-risk building (HRB) projects to continue ongoing building work unimpeded.
To qualify for these transitional arrangements, the BSR has outlined several key steps:
- If a project has had building control arrangements established before 1 October 2023, and ‘substantial progress’ has been made before 6 April 2024, it qualifies for transitional provisions.
- Under these provisions, the project can continue to be regulated by the existing building control provider, but the building control provider must be appropriately registered with the BSR.
- It is essential that notice is given to the current building control provider, indicating that building work has progressed sufficiently.
- Failure to notify the building control provider will result in the project transferring to the BSR as the new building control authority.
- The building control provider must use a suitably Registered Building Inspector (RBI) to continue benefitting from the transitional arrangements.
It should be noted that all HRB projects that do not meet the requirements for transitional arrangements will need to be registered with the BSR as the building control authority.
Under the Building Safety Act 2022 (Commencement No. 7 and Transitional Provisions) Regulations 2024, the transitional provisions apply to “higher-risk building work regarded as sufficiently progressed”.
For new higher-risk buildings, “sufficiently progressed” means when the pouring of concrete for the permanent placement of foundations or piling has started. For existing buildings, it means when any work has begun, that is, any significant building activity mentioned in the project application. An additional requirement is that neither the full plans nor the initial notice submitted to the local authority should have been rejected.
The legislation for the transitional provisions can be found here.
BSR is encouraging developers with qualifying projects to take the required actions now to ensure they benefit from the transitional arrangements prior to the handover of responsibilities for higher-risk buildings on 6 April 2024.
Managing Director for the FPA, Dr Gavin Dunn said: “This provision by the regulator to allow eligible projects to stay under the old rules is a welcome one, as it means those developers and contractors who have already begun work on their building projects will be able to continue to do so without being greatly impacted by the upcoming change.
“To benefit from the arrangements, it is imperative that the steps outlined by the BSR are followed closely and by the deadline on 6 April, so now is the time to set the ball in motion for qualifying projects.”
More information about the eligibility requirements can be viewed here.