News, Technical

1st October 2023 – Regulation Changes – Transitional Provisions and Fire Safety


As with all Building Regulations there is some flexibility on the application of the changes at the early stages of their implementation, these are called transitional provisions. 

Work other than Higher-Risk Buildings

The Amendment Regulations, which include duty holder and competence requirements does not apply where: 

  • an Initial Notice is given and accepted by the relevant Local Authority before 1 October 2023; and, 
  • work commences before 6 April 2024. 

For any new Initial Notices served after the 1 October 2023, the Amendment Regulations will apply.

Higher-Risk Buildings

From 1 October 2023, Building Control for alterations to existing, or the design and construction of new Higher-Risk Buildings (HRBs), can only be undertaken by the BSR. There are however some circumstances where approved inspectors may continue as the Building Control provider on HRB projects.

The BSR process will involve passing stringent ‘gateways’ at planning, design, and construction/occupation stages. The BSR has advised that they will administer this process by utilising the expertise of Multi-Disciplinary Teams (MDTs) which may include suitably qualified and experienced RBIs from the public and private sector. 

HRBs are defined as buildings with 7 or more storeys or have a storey height of 18m or higher and contain either at least two residential units, or, during design and construction, are a hospital or care home. HRBs are defined in detail within the Higher-Risk Buildings (Description and Supplementary Provisions) Regulations 202310. Additional guidance on determining if a building is a HRB has been published by the Government. 

There is some flexibility for projects which are currently being worked on by Approved Inspectors, these have been termed ‘in-flight’ projects.  An in-flight project is excluded from the changes to the Building Regulations and Building Control system, i.e., they may continue to use the incumbent approved inspector instead of the BSR in the following circumstances: 

  • An Initial Notice has been given and accepted by the relevant Local Authority before 1 October 2023. 
  • Work is ‘substantially progressed’ – this means the pouring of concrete for foundations, including piling. Or where work relates to an existing building, when the work has started. 
  • The Approved Inspector has registered to become a RBCA and employs a suitably qualified registered Building Inspector(s) before 6 April 2024. 

Fire Safety Information

Regulation 38 requires information relating to fire safety to be passed on at the end of a project on all buildings to which the Regulatory Reform (Fire Safety) Order 2005 applies. 

Under the Amendment Regulations we are required to make a statement on our Final Certificate confirming that we have received confirmation that Regulation 38 has been complied with. 

You should note that the Approved Inspector cannot issue its Final Certificate without receiving confirmation that Regulation 38 has been complied with.