Construction News (CN) has revealed that a large number of higher-risk building (HRB) applications that have been submitted to the Building Safety Regulator (BSR) are “not valid”.
In an interview with the media outlet, Health and Safety Executive (HSE) officials said that the applications were missing “basic information” and correct documentation, preventing them from progressing further in the planning process.
Neil Hope-Collins, Operational Policy Lead – HRB, Building Control Authority, told CN: “They are not valid because applicants are not giving us the basic information that shows they understand the work they are doing. They’re giving us planning drawings, not building drawings.”
Notably, the planning application requirements are required for all new HRB projects, not just high-rise buildings. Government guidance defines an HRB as a building that is at least:
- Seven storeys or at least 18 metres high
- Two residential units or is a hospital or a care home
“The industry needs to get its head around [the fact] that the law has changed,” Neil said.
Annette Hall, Operational Policy Lead for the HSE’s Building Safety Programme, added that the missing information and documentation were preventing applications from reaching the assessment stage:
“The technical requirements of the building regulations have not changed. All that’s changed are the processes to deliver that and the absolute requirement to demonstrate to the regulator that [the applicants] have designed and are constructing a building that complies with the functional requirements,” she said.
The planning process for HRBs marks the implementation of the new building control regime under the BSR. As stated in the HSE’s guidance, “BSR is the building control authority for higher-risk buildings in England. Building work cannot start until we approve the building control approval application.”
As per the criteria for Gateway one, planning applications for high-rise residential buildings should “ensure that fire safety considerations are inherent within the design proposals of relevant buildings before planning permission is granted”. Gateway two then sees the building control approval application stage, featuring a “‘hold point’ where construction cannot begin until BSR is satisfied that the design meets the functional requirements of the building regulations”.
“This means that plans need to outline exactly how compliance with the functional requirements of the building regulations is going to be met – and that they do not rely on unrealistic management expectations.”
The list of documents required for a building control application is comprehensive and includes drawings and plans, a competence declaration, construction control plans, fire and emergency files, and more. Detailed government guidance is available here.
According to CN, 254 gateway two applications submitted since October 2023 have been assessed by the BSR.
As previously reported by the FPA, in March 2024, the HSE also issued a “timely reminder” about the transitional arrangements for building control approval for higher-risk buildings to stay under the old rules, where work had “sufficiently progressed”.
As of 2 April 2024, separate government guidance has been published for transitional building control approval for new HRBs here, and for work on existing HRBs here.