Following the release of the updated fire safety standard BS 9991:2024, the Construction Leadership Council (CLC) has published an advisory note regarding building control approval applications (BCAA) for higher-risk buildings (HRBs)
As previously reported by the FPA, BS 9991:2024 – Fire Safety in the Design, Management, and Use of Residential Buildings – Code of Practice was published in November 2024, with the revised code of practice superseding BS 9991:2015. Commonly used during the design of residential buildings as an alternative to adopting statutory guidance or other available fire safety design approaches, the updates reflect the “increasing complexity of modern building designs” with an expanded scope to include residential care homes and revised guidance for sprinklers and single-stair buildings.
Published on 17 March 2025, the advisory note from CLC has been developed in conjunction with the Building Safety Regulator (BSR), the British Standards Institution (BSI), the National Fire Chiefs Council (NFCC), and the Local Authority Building Control (LABC). It is aimed at those seeking to understand how to prepare or assess BCAA for HRBs “where an update to existing technical industry guidance has been issued by the publishing body”.
CLC states that since the publication of BS 9991:2024, “questions have been raised on how BCAA can suitably and sufficiently demonstrate compliance with the functional requirements contained in the building regulations (relating to fire safety), and how building control bodies (including the multidisciplinary teams assessing applications for HRBs) should consider designs that have been either developed on or adopted the superseded 2015 version”.
For those adopting the recommendations, it suggests the following:
- Planning applications made from the date of publication of this advisory note, intending to adopt the recommendations made within BS 9991, should do so using the relevant recommendations made within BS 9991:2024.
- Building control applications made at Gateway 2 where the scheme has previously progressed a design using BS 9991:2015, prior to the publication of BS 9991:2024, are required to clearly state how the building work remains compliant to Part B of Schedule One of the Building Regulations and why. Applicants are encouraged to demonstrate that relevant recommendations from BS 9991:2024 have been assessed and adopted where reasonably practicable to do so.
- From 30 September 2026, BCAA at Gateway 2 that have adopted the recommendations made within BS 9991 should use BS 9991:2024 if intending to adopt the recommendations made within this British Standard.
CLC adds that those submitting and assessing applications “should be mindful that competence remains at the heart of the new building control regime for HRBs”, with building control applicants expected to “clearly demonstrate regulatory compliance”.
“This requires confident, assertive statements of fact setting out clearly how and why the design being submitted is compliant to the functional requirements,” the council explains.
The advisory note should also be read in conjunction with a letter penned by the Chief Inspector of Buildings and Director of Building Safety at the BSR, Philip White, in which he sets out the regulator’s approach to those applications adopting BS9991:2024.
“BSR expect applicants to give clear reasons for adopting the approach taken and explain how the design achieves compliance with the Building Regulations. BSR will take into account the timing of the application and changes to guidance or standards during its development.
“Designers will need to ensure a level of safety at least equivalent to that provided by Approved Document B taking into consideration any associated transitional arrangements.
“In all cases, the BSR will remain pragmatic when considering HRB building regulations applications.
“Building control providers for other types of building are not bound by the approach of BSR and may set their own policies and processes when considering applications.”
You can read the full letter here.
CLC adds: “To be clear, the BSR does not expect schemes sufficiently progressed in design, currently under construction or sufficiently progressed on site having to undertake a fundamental redesign on the basis of the updated publication and inclusion of additional measures.
“The CLC Advisory Note and BSR letter provide the current position following the publication of BS 9991:2024 and supersedes any previous advice.”
You can access the complete advisory note here.