Changes to the Building Regulations
The latest legislative changes relating to The Building Safety Act 2022 came into force on the 1st October 2023. The government published the secondary legislation during August 2023.
Below is a summary of changes to commencement and completion requirements that may impact your projects.
There are three new Duty holders defined in the amended regulations: Part 2A and Chapter 2 of the Building Regulations 2010 (as amended) The Building Regulations etc. (Amendment) (England) Regulations 2023 (legislation.gov.uk) clarify the responsibilities and signed statements required as part of the application process.
Client including Domestic Clients, previously known as the Applicant
The Client is the person for whom the building work is done. In many cases this will be the building owner.
Roles and responsibilities:
The Client should have suitable arrangements in place to ensure that the design work and the building work are completed in accordance with the Building Regulations.
In practice, this is likely to mean appointing a Principal Designer and Principal Contractor, with the right skills, knowledge, experience and behaviours or organisational capability for the work.
The Client should ensure that those they appoint have systems in place to ensure compliance with the Building Regulations.
For domestic work, which is not part of a business activity, unless an alternative written appointment is made, the duty for compliance with the Building Regulations automatically transfers to the Principal Designer and the Principal Contractor.
The Principal Designer is the designer in control of most of the design phase of the project and the Principal Contractor is the contractor in control of most of the construction phase.
For non-domestic work, or work which is part of a business activity, the appointment of the Principal Designer and Principal Contractor should be made in writing. Where these appointments are not made in writing the Client must fulfil these duties, in this case the duty for compliance with the Building Regulations will remain with the Client.
By completing and signing this form, the relevant council accepts that you have consented to the time period for consideration of the application being extended and that, if appropriate you with the application to be passed with conditions.
Principal Designer, previously known as the Agent
The Principal Designer is a designer appointed to be in control of all the design work. When there is more than one designer the Principal Designer should co-ordinate the design team.
Roles and responsibilities:
The Principal Designer must plan, manage, and monitor the design work, and co-operate, co-ordinate, and communicate with other designers and the Principal Contractor to ensure the design work, if built, complies with the Building Regulations.
For domestic work, which is not part of a business activity, unless an alternative written appointment is made, the duty for compliance with the Building Regulations automatically transfers to the Principal Designer and the Principal Contractor.
For non-domestic work, or work which is part of a business activity, the appointment of the Principal Designer and Principal Contractor should be made in writing.
Principal Contractor, previously known as the Builder
The Principal Contractor is a contractor appointed to be in control of all the building work. When there is more than one contractor the Principal Contractor should take responsibility for the site.
Roles and responsibilities:
The Principal Contractor must plan, manage, and monitor the building work and ensure co-operation, communication, and co-ordination between the Duty holders and liaise with the Principal Designer to ensure the building work complies with the Building Regulations.
Domestic work, which is not part of a business activity, unless an alternative written appointment is made, the duty for compliance with the Building Regulations automatically transfers to the Principal Designer and the Principal Contractor.
For non-domestic work, or work which is part of a business activity, the appointment of the Principal Designer and Principal Contractor should be made in writing.
Notice of Commencement
Regulation 13(5) of The Building Regulations 2010 and Section 32 of The Building Act 1984.
From the 1st October 2023 for applications to be considered as started at least one of the following:
- progressed to damp proof course level (if foundations are applicable); or
- 15% completion of the overall project
Under Regulation 16 (3C)
It is now a legal requirement for the person carrying out work give notice to the Building Control Body within five days of work has commencing.
Please note that this does not change the need for a valid Building Control application before any works commence on site. The above stages are only relevant to Regulation 13(5) of The Building Regulations 2010 and Section 32 of The Building Act 1984.
Notice of Completion
For all applications submitted after 1st October 2023 a Compliance Notice will be required at completion. This relates to all projects that are subject to a Building Regulations Application. The notice must be provided within 5 days of the completion of works. We will not be able to issue a completion certificate until all relevant parties have signed this.
The Notice of Completion will require the following information about the client, principal contractor, and principal designer:
- the name
- address
- phone number
- (if available) email address
A statement will be required from the applicant to say that the works have been completed. It will need to state that the work complies with all the applicable regulations to the best of their knowledge.
A statement will also be required from both the principal contractor and principal designer (if applicable). This will need to confirm they have fulfilled their duties under Part 2A (duty holders and competence). The duties for this can be found here - The Building Regulations etc. (Amendment) (England) Regulations 2023 (legislation.gov.uk)
For buildings subject to the Fire Safety Order, the client must submit the same notice, but within 5 days of occupation. It must also state the following:
- the date when the building (or any part of it) is occupied; and
- a signed statement confirming that to the best of their knowledge, Regulation 38 and Part B of Schedule 1 are currently complied with for the parts of the building are to be occupied
Please note it is the client responsibility to appoint a Principal Contractor and Principal Designer for the project.
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We do this to find out things such as the number of visitors to the various parts of the site, but:
- We collect this information in a way which does not identify anyone.
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If we do want to collect personally identifiable information through our website (in a form, for example), we will be up front about this.
We will make it clear when we collect personal information and will explain what we intend to do with it.
Cookies and the law
The EU law states that we must:
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- Obtain your consent to store a cookie on your device
You can find more information about cookies and the law on these websites:
- Information on cookies from the Information Commissioner's Office
- Guidance on the rules on use of cookies and similar technologies, from the Information Commissioner's Office (PDF)
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Use of cookies by the council
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Cookies used by our website
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What is the LABC Partner Authority Scheme?
The Local Authority Building Control (LABC) Partner Authority Scheme is designed to help those who carry out design and construction work in different locations and, therefore, deal with numerous councils. The scheme enables a company or individual to establish a working relationship with one council of their choice, rather than having to deal with a different council each time.
How does it work?
As a registered partner with South Worcestershire Building Control, you can discuss and submit all of your applications for building regulations approval to us here in South Worcestershire no matter where in England or Wales the site may be.
We then liaise with yourselves, the relevant local council and, where appropriate, the local fire and rescue service during the approval period, to fully assess your proposals and resolve any queries which may arise.
At the end of this process, we compile recommendations for building regulation approval, listing conditions as appropriate for the relevant local council to issue formally.
When the work begins on site, the local council in the area manages the construction phase, providing on-site advice and inspection to suit the needs of the site team.
What are the advantages?
- One professional to contact for all your building control work in England and Wales who manage your account in a way that best suits your individual needs
- A local team always available for advice and guidance, offering pre-application advice and close support during the design and approval stages
- Greater consistency in interpretation of the building regulations - your design proposals will always be assessed by the same building control team
- Access to building control surveyors based near the project to ensure fast response times as well as local contacts and knowledge
- Strong and historical links with the fire and rescue service and with other parts of the local council
- Electronic submissions and exchanges of correspondence
- Access to LABC products through LABC Consult*, including building warranties, Standard Assessment Procedure (SAP) assessments, sound and air testing, fire engineering
- Access to LABC training events*
- Improved carbon footprints from using locally based professionals (particularly relevant where this is measurable for sustainability assessments
How to become registered
To start taking advantages of these benefits, simply complete the LABC online application form.
Alternatively you can contact them via email This email address is being protected from spambots. You need JavaScript enabled to view it. or call them on 0207 091 6860.
Personal Data held by the Building Control Team
In order to provide building control services, it is necessary for us to collect and hold personal information. This information may include:
- Basic personal information such as name, address, telephone number, email address
- Any other information e.g. financial, property related etc. provided in support of an application, query or service request
- Information in connection with any enforcement case which could include evidence such as photos, car registration details, details on third parties, insurers.
Who is processing your data?
All personal data held, is processed in accordance with Data Protection law. The South Worcestershire Building Control Service is lead by Malvern Hills District Council who are processing the data on behalf of the Data Controllers – Malvern Hills District Council, Worcester City Council and Wychavon District Council.
Why do we collect your information?
We will collect information about you (where applicable):
- For the purpose of providing pre-application advice and assistance
- In order to deliver building control services such as processing applications
- To deal with queries and requests for advice
- To monitor developments
- To take enforcement action
What is the legal basis for us to process your data?
The legal basis for processing the data is in the exercise of statutory powers and duties under various UK laws including but not limited to:
- The Building Act 1984
- Building Regulations 2010 (as amended)
- The Town & Country Planning Act 1990
To exercise and perform the terms and conditions of any Contract you may have entered.
Who do we share your information with?
Please be advised that applications together with documents provided in support of those applications and any comments made thereon are published on our website.
We may share your information with partner organisations, including:
- Statutory bodies and consultees
- The Planning Inspectorate, Fire Authority, Police
- Other Public Bodies, including the Courts and Tribunal Service
- Government Agencies
- External Auditors and regulators (such as the Local Government Ombudsman)
We will not normally share your information with organisations other than our partner organisations without your consent, however, there may be certain circumstances where we would share without consent such as where we are required to do so by law, to safeguard public safety, and in risk of harm or emergency situations. Any information which is shared will only be shared on a need to know basis, with appropriate individuals. Only the minimum information for the purpose will be shared.
How long do we keep your records?
We will only keep your information for the minimum period necessary. The information outlined in this privacy notice will be kept in accordance with our retention schedule. All information will be held securely and destroyed under confidential conditions.
What are your rights?
You have a number of rights under Data Protection law, including the right to request your information and to request that the information be amended or erased if incorrect.
To request your records, you will need to put your request in writing and provide proof of identification to The Data Protection Officer, Wychavon and Malvern Hills District Council shared Legal Service, Civic Centre, Queen Elizabeth Drive, Pershore, Worcestershire, WR10 1PT or via email (This email address is being protected from spambots. You need JavaScript enabled to view it.). Where the Data Controller for your request is Worcester City Council your request will be passed to them.
You also have a right to make a complaint about our handling of your personal data to the Information Commissioner’s Office.
Providing accurate information
It is important that we hold accurate and up to date information about you in order to assess your needs and delivery the appropriate services. If any of your details have changed, or change in the future, please ensure that you inform us as soon as possible so that we can update your records.
Further information
If you have any questions or concerns about how your information is used, please contact Meesha Patel, Legal Services Manager at Wychavon and Malvern Hills District Council shared Legal Service, Civic Centre, Queen Elizabeth Drive, Pershore, Worcestershire, WR10 1PT.
More information about data protection and how it applies to you can be found on the Information Commissioner’s Office website.
ANC - Association of Noise Consultants
Approved Documents and Associated Guidance
British Geological Survey - Radon Gas
Building Research Establishments
FMB - Federation of Master Builders
Planning Portal - access for Building Control
Timber Research and Development Association - TRADA
The Building Act 1984 & the Building Regulations