Building Regulations

Key Changes

From the 1st October 2023, key changes from the Building Regulations 2010 include (but are not limited to):

• The HSE become the Building Safety Regulator (BSR), overseeing all Building Control bodies and their inspectors
• The Approved Inspectors role will be renamed Registered Building Approver (RBA)
• Approved Inspectors to re-register as Registered Building Approvers (RBA)
• All building work falls under the new regulations (unless subject to transitional arrangements)
• Clients are to appoint in writing two new duty holders:
  • Principal Designer Building Regulations (PDᴮᴿ)
  • Principal Contractor Building Regulations (PCᴮᴿ)
• The client is required to sign a statement on completion of the works that: "to the best of their knowledge, that the works complies with all applicable requirements of the Building Regulations"
• The PDᴮᴿ and PCᴮᴿ to provide written statements on completion of the works confirming that they have: "fulfilled their duties under the Building Regulations"

New Duty Holders

Principal Designer Building Regulations (PDᴮᴿ)

The new Principal Designer Building Regulations (PDᴮᴿ) is responsible for planning, managing and monitoring the design work during the design phase, specifically in relation to the Building Regulations. This is not the same as the Principal Designer under the CDM 2015 Regulations and the role relates to Building Regulation compliance, not design risk management (as with CDM).

Principal Contractor Building Regulations (PCᴮᴿ)

The new Principal Contractor Building Regulations (PCᴮᴿ) is responsible for planning, managing and monitoring the building work during the construction phase, to ensure the building work is in compliance with all relevant requirements. This will be the same as the Principal Contractor under CDM 2015, but still requires a specific appointment in addition to CDM 2015.

For the full roles and responsibilities of Duty Holders, click the below image:

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Key Considerations:

• Appointments must be in writing
• Where there is only one contractor working on a project, that contractor is treated as the Principal Contractor and must fulfil the duties of the Principal Contractor
• Where the client fails to appoint these roles in writing, the client will become the duty holder(s) by default

Transitional Arrangements

The Building Regulations Amendment (England) Regulations 2023 include transitional arrangements. These state that, the new regulations do not apply where: 

1. Building work started before 1st October 2023
2. Planned building work in relation to which had:
   1. Plans deposited with a local authority pursuant to section 16 of the Act before the regime start date
      
      or
      
      
   2. A building notice has been given to a local authority before the regime start date
3. However, (i) and (ii) are null and void if either are rejected by the local authority, before or after 1st October 2023
4. Transitional Arrangements cease on 6th April 2024 where works have not commenced

Back to Building Safety Act 2022