Eligibility for transitional arrangements in building control
As the building control authority for higher-risk buildings, the Building Safety Regulator is issuing a timely reminder to the construction industry about the transitional arrangements for building control approval.
These transitional arrangements allow projects to stay under the current building control regime – and avoid transfer to the Building Safety Regulator (BSR). Doing this ensures that eligible projects stay under the old rules. Developers must take the required steps for their projects to qualify.
This means:
- If your project had building control arrangements established before October 1st, 2023, and has made substantial progress before April 6th, 2024, it qualifies for transitional provisions.
- Under these provisions, your project can continue to be regulated by your existing building control provider. This will require your building control provider to be appropriately registered with the BSR.
- In order to benefit from this, it is essential that you give notice to the relevant local authority, indicating that your building work has progressed sufficiently. If your project involves an Approved Inspector (AI), ensure to provide a copy of this notice to your AI as well.
- Failure to send this notice to the local authority will result in your project transferring to the BSR.
- Projects must use a suitably Registered Building Inspector (RBI) to continue benefitting from the transitional arrangements.
Here are some helpful Q&As
Q: What are the criteria for benefitting from transitional provisions?
A: Building arrangements must have been in place before October 1st, 2023, and notice of sufficient progress must be given to the local authority.
Q: What does ‘sufficient progress’ mean for higher-risk buildings?
A: For the construction of a higher-risk building, this means when pouring concrete for the permanent placement of foundations or piling has started.
Q: What does ‘sufficient progress’ mean for existing buildings?
A: For work on existing buildings, this means when any work has begun. There is no specific rule for what counts as starting work, but it usually includes any significant building activity mentioned in the project application.
Q: What are ‘suitable building control arrangements’?
A: Suitable building control arrangements means submitting full plans to the local authority. The plans must not be rejected. Or it means giving an initial notice to the local authority. The authority must accept the notice.