Building Safety Act – new building control regime has arrived

Sunday 1 October 2023 – a date of generational change for the built environment with the coming into force of the new building control regime.

Save for higher-risk buildings (“HRBs”) which qualify for the transitional provisions (see our Blog), the Building Safety Regulatory (“BSR”) is now the building control authority for HRBs – there is no longer a choice between using the local authority building control or an approved inspector.

The changes apply to building safety remediation works funded by the Government’s Building Safety Fund as well as those undertaken by a ‘pledged’ developer pursuant to the developer remediation contract. Such buildings will likely be some of the first that navigate the new gateway regime which requires an application to be made and approved by the BSR before any works can be commenced. Furthermore, the BSR must sign-off works and provide a completion certificate prior to occupation of any new HRB. The implications of these changes to the building control process – specifically certification of practical completion – need to be careful considered prior to entering into a building contract for works on a HRB.

Yesterday, along with the opening of the portal for applications, the Government published Guidance with regard to managing building control approval applications.

There is of course a tremendous amount of uncertainty surrounding the new regime. Edwin Coe is therefore excited that Neil Hope-Collins, Operational Inspector from Healthy and Safety Executive, will be joining us on 12 October 2023 to explain the new regime and the practicalities of how to progress through the gateways. Register here to join us as Neil provides insight into this new world of building control.

If you have questions about the Building Safety Act, the Building Safety Fund or any cladding and/or building safety issues, please contact Brenna Baye or any other member of our Building Safety and Cladding Team.

Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.

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