Regulatory Information
Updates to regulatory information and guidance
1. The Roles & Responsibilities of Building Control
In October 2023, the Building Safety Act introduced important updates to how building control operates. These changes, driven by the Building Safety Regulator and informed by the Grenfell Tower Stage 2 Inquiry, aim to strengthen compliance and safety standards across the construction industry.
Here’s what you need to know:
A New Focus on Compliance
The role of building control is now primarily regulatory, placing greater emphasis on ensuring that projects align with the Building Act and Regulations. This shift means a stronger focus on safety and adherence to the rules, ensuring that everyone involved in construction meets their responsibilities.
Designers Take the Lead
Under the new regulations, Registered Building Inspectors focus solely on assessing compliance. While we’re here to inspect and evaluate, design advice isn’t part of the role. Designers must now provide fully compliant plans and stay actively involved throughout the project to address any updates or required changes.
Stricter Standards
The new regime prioritises high standards, with greater scrutiny on the competence of contractors, designers, and other duty holders. While we’ve always worked towards safety and quality, the emphasis is now on addressing non-compliance firmly to ensure regulations are upheld. More emphasis is placed on the ‘enforcement’ of the building regulations.
What this means for you
Clients, Designers and Contractors now have clearly defined dutyholder roles to comply with the Building Regulations Part 2A: chapters 1 to 5 and Regulations 11A to 11O of The Building Regulations etc. (Amendment) (England) Regulations 2023.
The three key duties are:
Clients are expected to fully fund and resource projects to ensure that compliance can be achieved, by appointing a competent principal designer and principal contractor.
Principal Designers and designers will be expected to provide detailed designs and supporting documentation and present them in a way that explains how the project achieves compliance with regulations.
Principal Contractors and subcontractors will now be expected to follow the provided plans and materials without deviation, and any changes must be agreed with the designer. Contractors who make changes without consulting the designer assume full responsibility for compliance.
Domestic Clients (any individual who has building work carried out on their home, or the home of a family member for domestic purposes, not for business purposes) can appoint a Principal Designer and Principal Contractor on projects that are likely to involve more than one contractor or appoint a small contractor as below:
Small Contractors must ensure that they are competent and insured to act as both contractor and designer, as they will be held accountable for compliance and expected to produce the necessary drawings and specifications.
Further clarification on the dutyholder duties and competence can be found on the gov.uk website
Enforcement
It is important to note that contravening building regulations is a criminal offence, which can result in significant fines and, in serious cases, custodial sentences.
Hertfordshire Building Control is responsible for applying various Acts of Parliament and Statute Laws, and enforcing the Building Regulations on behalf of the following eight Local Authorities:
“Enforcement” refers to actions taken under these laws, including reviewing documents, examining drawings, and inspecting premises to ensure compliance. Hertfordshire Building Control can initiate formal enforcement actions, which may escalate through stages involving formal correspondence, issuing legal notices, and potentially leading to prosecution.
Hertfordshire Building Control inspectors work in line with the requirements of the Regulators code and adhere to the Local Authority Building Control Enforcement Policy.
In Summary:
The introduction of the Building Safety Regulator and the licensing of Building Inspectors has significantly altered the approach to building control. Building control is no longer considered part of the design team; its role is now centred on inspection and enforcement. With increased accountability for non-compliance, building control bodies are no longer able provide design advice or solutions. Instead, designers and contractors must ensure their work fully complies with regulations, and any deviations must be addressed with the appropriate expertise and approval. Clients must ensure they appoint competent individuals and secure the necessary funding and contracts to complete the project.
While we will maintain a proactive stance under the new regime, our design advice will be limited to commenting on compliance with building regulations. Ultimately, the responsibility for regulatory compliance lies with the client and the designers and contractors they hire.
2. 2023 Building Safety Act Guidance
From 1 October 2023 significant new changes to Building Regulations legislation have come into effect, which introduce changes to the Building Regulations application process, and impose dutyholder responsibilities on applicants, architects, contractors and builders. Here’s what you need to know:
There are three new dutyholders defined in the amended regulations
- Client including Domestic Clients -previously known as the Applicant
- Principal Designer – previously known as the Agent
- Principal Contractor – previously known as the Builder
The regulations tell us that all dutyholders are obliged to have arrangements and systems in place to plan, manage and monitor both the design work and the building work to ensure compliance with building regulations. This includes residential homeowners who may be embarking on a project for the first time, residential homeowners are referred to as Domestic Clients.
The duty to ensure compliance remains with those who procure the building work and those who have key roles in the design and construction process and who are responsible for ensuring that building work is designed and built to be compliant with building regulations. The dutyholders are required to work together to ensure that the project complies with the requirements of the regulations and ultimately ensures that the Building Control Body can issue its completion certificate.
Higher Risk Buildings
For Higher Risk Buildings (HRBs) – (defined as ‘higher-risk’ under the BSA, 2022 are buildings at least 18 metres or seven storeys in
height, and which have at least two residential units, or are hospitals/care homes meeting the height) please see the following information from the Building Safety Regulator:
3. Approved Documents F.L.O.S.
The Building Regulations step forward with changes coming into force on 15 June 2022. This provides intermediate uplift to existing energy efficiency standards and is a stepping stone towards the government’s new Future Homes Standard (due to be introduced in 2025) which aims to future proof new buildings with low-carbon heating systems and high fabric efficiency standards.
href=”https://www.hertfordshirebc.co.uk/updated-building-regulations-flos/” target=”_blank” rel=”noreferrer noopener”>Approved Documents Parts FLOS Guidance
4. Reversions & Government Guidance
Where several private building control approvers/inspectors have unfortunately gone into administration or no longer operating, the responsibility for overseeing building control functions for affected projects in Hertfordshire automatically transfers to us—HBC, your local authority building control provider. This is called a ‘Reversion’.
Our well-established systems are already in place to handle this transition smoothly. As a representative of 8 local authorities, we are financially secure and well-positioned to provide long-term, reliable service.
There will be a fee payable to cover the costs of dealing with your reversion. This will be individually determined in most cases, and will be no less than the standard charges we make for a Regularisation application for similar work.
The MHCLG have published additional guidance for members of the public, in the form of FAQs around the topic of ‘reversions’.
The MHCLG have published additional guidance for members of the public, in the form of FAQs around the topic of ‘reversions’.
5. Connectivity Plans
Connectivity Plans
Building Regulations for New Dwellings and Infrastructure for Electronic Communications
On 26 December 2022, the requirements of Part R of Schedule 1 to the Building Regulations 2010 – Infrastructure for electronic communications took effect in England. All building notices, full plans applications or initial notice submissions for new dwellings after this date must be accompanied by a Connectivity Plan. Without this document, the application or notice cannot be validated.
The Approved Document R Volume 1 defines the Connectivity plan as: –
A model form template for developers to provide information to accompany each application for Building Regulations approval containing sections for information that developers are required to provide, including the particulars of connection to a public electronic communications network, and sections for developers to provide further information to assist with the building control process.
The details on the scope and submission of the Connectivity plan can be found in Approved Document R Volume 1, Section 3 (page 19) and the Model form template in Appendix B may be used. Please see the fillable form below
Please note, a connectivity plan is not required for major renovation works, which are covered under guidance in Approved Document R Volume 2
Do you have a question about Building Regulations?
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