The Building Control Authority

Building control approval for higher-risk building work

BSR became the Building Control Authority for all higher-risk buildings (HRBs) in England in October 2023.

Developers need to apply to BSR for building control approval for all new building work in-scope of the higher-risk regime. This work can no longer be overseen by local authority or private sector building control.

Anyone applying to BSR for building control approval needs to ensure that their applications clearly and comprehensively demonstrate compliance with building regulations.

High-quality applications help BSR make informed decisions quickly, reducing the risk of misinterpretation and ensure all building control standards are met.

Applicants should clearly identify every aspect of the project that requires compliance with building regulations. This ensures no detail is overlooked and each aspect of the HRB is accounted for in the compliance documentation.

BSR needs a direct line of sight between the identified aspects and the building regulations so it’s very important that applicants clarify the exact standards, codes, or documents each aspect of the HRB complies with.

It’s not enough to list compliance; applications need to explain why these standards were chosen and how they apply to the project. This will ensure BSR can easily verify compliance and the building control application will not require further interpretation.

As the regulator BSR will not tell you how to comply with the requirements of the building regulations or provide pre-application advice on building control applications. However, for some complex projects we may provide advice on the best way of staging your application. For example with multi-building projects. If you need advice on the buildings regulations it should be sought from competent professionals.

Applications which lack the required detailed information or fail to demonstrate clear compliance will be rejected so it is crucial that developers provide quality, detailed and complete applications.

We’ve produced a useful FAQ guide on how the Building Control Authority works, and what BSR expects from industry. It also contains more detail on specific types of applications, including smaller refurbishment projects, hospitals, and work on existing buildings.

You can download this as a pdf or you can use the drop-down menu below.

FAQ Explainer

The higher-risk building regime

What is the Building Safety Regulator’s new role for higher-risk buildings in England?

The Building Safety Act 2022 established the new regulator BSR to oversee all aspects of building safety in England. From October 2023 BSR became the Building Control Authority for all higher-risk buildings (HRBs) in England. This means developers can no longer choose their building control body for HRBs. These are new residential buildings over 18 metres or 7 storeys, and hospitals and care homes meeting the same height threshold.

What does this mean for industry?

Industry needs to remember that any new building work in-scope of the higher-risk regime can no longer be overseen by local authority or private sector building control.

All developers are legally required to submit building control applications to BSR when they are:

Constructing a new higher-risk building
Doing any building work on an existing higher-risk building
Doing work that turns a non-higher-risk building into a higher-risk one, such as changing its use
Doing work on a higher-risk building that makes it no longer higher-risk

Building owners will be required to manage safety risks, with clear lines of responsibility for safety during design, construction, completion, and occupation of higher-risk buildings.

What is the role of Multi-Disciplinary Teams (MDTs)?

MDTs, led by BSR, bring together experts such as building inspectors, structural engineers, and fire safety professionals. They provide regulatory advice, conduct inspections, and ensure effective decision-making and compliance with building regulations for higher-risk buildings. MDTs guide the structure of a building inspection schedule and input to any requirements or conditions that may be applied to a building control approval. They also provide a main point of contact for applicants, and they review completion certificate applications with
the ‘as built’ information to ensure compliance with building regulations before issuing the completion certificate.
This is not new in terms of assessments and site inspections – but MDTs are a new method of delivery.

What are the three ‘gateway’ points in the higher-risk building regime?

These are critical ‘hold points’:

Gateway 1: Planning approval – ensuring fire safety is part of planning permission
Gateway 2: Construction approval – where work can only start after BSR building control approval
Gateway 3: Completion approval – where the higher-risk building must pass BSR checks before occupancy

You can find out more about these critical check points in our BSR guide – The three gateways to building safety

Making building control applications

Where can I find information on submitting and managing a building control application to BSR?

Guidance on how to submit and manage a building control application to BSR is available at: Managing building control approval applications for higher-risk buildings

What approach does the Building Safety Regulator require from applicants when submitting their building control applications for HRB projects?

The regulator requires applicants to provide quality, detailed building control
applications that clearly and comprehensively demonstrate compliance with building regulations.

What are BSR’s tips for submitting high-quality building control applications?

Three top tips for HRB developers and people who require building control
approval for submitting high-quality building control applications:

Identify every aspect of the HRB project that requires compliance with building regulations. This includes structural and fire safety. Ensure nothing is overlooked by compiling a comprehensive list. This list serves as the foundation for the compliance documentation.
Clarify which standards, code, or documents your building design complies with. Explain why each standard was chosen. Also, explain how it applies to the project. This provides a clear rational for the chosen compliance solutions.
Justify compliance by providing a narrative. It should explain how compliance has been achieved for each identified element of the HRB. This approach allows BSR to verify compliance easily without further interpretation.

Why is it important for applicants to submit detailed and high-quality applications?

Incomplete or unclear applications can cause delays in the approval process. High-quality applications help BSR make informed decisions quickly, reducing the risk of misinterpretation and ensuring all building control standards are met.

What happens if an application lacks the required detailed information or fails to demonstrate clear compliance?

BSR will not proceed with such applications, leading to delays and potentially costly revisions.

What must developers and industry professionals do to meet BSR’s expectations and avoid delays?

First, applicants should clearly identify every aspect requiring compliance. They should compile a comprehensive list of all elements of the HRB that must comply with building regulations. This ensures that every aspect of the building is accounted for in the compliance documentation, and no detail is overlooked.

Applicants should clarify the exact standards, codes, or documents each aspect of the HRB complies with. It’s not enough to list compliance; you must explain why these standards were chosen and how they apply to the project. Developers need to show clearly why it is the appropriate solution for the specific building element.

Why is it important to justify compliance in such detail?

It’s very important to explain in your application how compliance has been achieved for each identified aspect because BSR needs a direct line of sight between the identified aspects and the building regulations. This will ensure BSR can easily verify compliance and the building control application will not require further interpretation by the regulator.

How long will it take for my application to be approved?

Applicants should not withdraw existing applications or wait to submit new applications for building control approval. This will cause additional unnecessary delays to these applications being processed.

New applications will be assessed within a 12-18 week period but applicants do not need to contact BSR again after they have submitted their applications.

We will contact applicants directly where necessary, for example if we need to request further information or when applications are moving forward.

Will BSR contact applicants during the application process?

Applicants do not need to contact BSR again after they have submitted their applications.

As with any new digital service we continue to review and identify potential improvements to the process for users.

This may include the introduction of automated contact points at different stages of the service to keep applicants informed about their application’s progress.

Smaller refurbishment projects and work on existing buildings

Do I need less information if I’m applying for work within my individual property/flat?

You will need to provide enough information to comprehensively demonstrate that your work will comply with the relevant building regulations and that the work will be managed properly. The simplest way to provide that information will be to use the documents that are mandatory for larger work.

I’m an architect carrying out work in an HRB for a flat owner. Do I need to apply to BSR for building control approval?

If you are an architect designing the work for a resident (a domestic client) then you will need to work with the builder to decide who should make the building control approval (GW2) application. You will also need to work with the builder to make sure the application sets out enough detail to demonstrate that the building work will comply with all relevant requirements.

Can I start the building work while I wait for BSR to respond to my application?

No. It is an offence to start building work in an HRB before BSR have told you
that you can.

If my project includes work in a number of buildings, can I include all those jobs in one application?

No. One application must only include the work in one building. BSR will not accept applications that cover work in multiple buildings.

Hospitals

If I am doing building work in the HRB part of a hospital, when the building work has finished do I need to wait for my completion certificate application to be approved before I can move patients back and start using that bit of the building again?

No, you don’t. You must apply for your building completion certificate but there is nothing in building law to stop you from using that part of the building while BSR is assessing your application. The offence of occupying part of a building without a completion certificate does not apply to building work in an existing hospital or care home. You must still comply with your duties under all other regulatory regimes such as Health and Safety at Work, Fire safety, Patient care etc.

If I am doing building work in a hospital, how do I know who to apply to for building control oversight?

Where part of a hospital is over 7 storeys or 18m it does not mean that the whole hospital is an HRB. It may be possible to divide the hospital up into ‘independent sections’¹. The law says that each of those sections is a building, and they may not all be HRBs. Where an independent section is not an HRB you can apply to either the local authority or a Registered Building Control Approver for oversight of your building work. NHS (England) have produced guidance² for their member trusts on how the Building Safety Act 2022 applies to them.

Independent section is defined in Regulation 4(6) of the Higher-risk buildings (Descriptions and Supplementary Provisions) Regulations 2023 The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (legislation.gov.uk) ↩︎
NHS England technical bulletin on application of Building Safety Act 2022 to the NHS estate. ↩︎

Clients

What is the role of the client for building work?

Clients have key responsibilities and legal duties for building work. They must put in place arrangements for planning, managing, and monitoring a project to ensure the work will comply with all relevant requirements of building regulations.

What is the client’s role in making an application for building control approval?

The client is responsible for the application for building control approval. If they are not making the application themselves, then they must provide a signed statement confirming that they agree to the application being made and that the information contained in the application is correct. Without this, applications may be delayed or rejected.

As a client where do I find out what my responsibilities are?

When you appoint any designer or contractor their first legal duty is to be satisfied that you are aware of your duties in relation to the work that they are doing. You can also find guidance on client duties throughout this document Building Control: An overview of the new regime (hse.gov.uk)

As a client what are the things that I need to make sure my team are doing on my behalf?

Clients need to make sure their team are:

Submitting high-quality and comprehensive applications that clearly show compliance with all relevant building regulations and safety standards
Providing detailed key documentation covering all aspects of the project including structural and fire safety
Providing the standards and codes used and explain how compliance is achieved
Submitting timely applications to allow BSR sufficient review time before construction starts.
Understanding that high-quality applications will speed up the approval process
Working closely with project teams and maintain communication with BSR
Responding quickly to BSR requests for additional information

By understanding and making sure these responsibilities are met clients will ensure a smooth and efficient building control process.

Building Control for higher-risk buildings – Important changes

Neil Hope-Collins, Policy Lead, HRB, Building Control Authority, explains some of the important changes in building control for higher-risk buildings.

Further guidance for building control applications

The following two presentations from the BSR Conference 2024 also provide further detail and guidance on making high-quality building control applications: