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Government consults on implementing new building control regime

02 August 2022

THE GOVERNMENT is consulting on proposed changes to Building Regulations under Part Three of the Building Safety Act 2022. The consultation is seeking views on policy proposals for legislation to be introduced in order to create the building control procedure for higher-risk buildings, as well as wider changes being put forward to improve the building control system overall.

Specifically, the Government is seeking views on:

*new duty holder and competence requirements on all building work and additional duties for those working on higher-risk buildings

*new ‘hard stops’ to strengthen building control for higher-risk buildings before a building is occupied

*the approach to regulator’s notices to support building projects which comprise both higher-risk building work and work that doesn’t fall into that category

*additional requirements for building work carried out in existing higher-risk building work (eg refurbishments)

*stronger change control during the construction of higher-risk buildings

*the process of certifying building work that has been carried out without Building Regulations approval (ie ‘regularisation’)

*establishing greater record keeping and management in higher-risk buildings (ie the ‘golden thread’)

*a mandatory occurrence reporting system in higher-risk buildings

*Stronger enforcement and sanctions for all building work

*wider changes to the Building Regulations to align the existing system with the new system

*commencement of building work and transitional provisions for changing to the new higher-risk building regime

The consultation relates only to the design and construction of buildings. It doesn’t relate to occupation requirements in higher-risk buildings.

This consultation is open for 12 weeks until 12 October.

Those practitioners willing to add their views can do so by completing an online survey. Alternatively, they can e-mail their responses to the questions to BuildingRegulationsConsultation@levellingup.gov.uk Written responses can be sent to Consultation on Changes to Building Regulations, c/o Reform, Legislation and Regulators Division, Building Safety Programme, Department for Levelling Up, Housing and Communities, 3rd Floor, Fry Building, 2 Marsham Street, London SW1P 4DF

Occupied higher-risk buildings

In parallel, the Government is also consulting on the new safety regime for occupied higher-risk buildings.

This consultation seeks views on policy proposals for the in-occupation phase for higher-risk buildings in scope of the new and more stringent regime. It covers the following areas:

*registration

*certification

*‘Accountable Persons’ and the principal ‘Accountable Person’

*Safety case approach and the safety case report

*Mandatory occurrence reporting

*Residents’ voice and duties on residents

*‘Golden thread’ contents

*How the ‘golden thread’ is managed and stored

*duties on the ‘Accountable Person’ and the principal ‘Accountable Person’ to share information

*Appeals

*Enforcement

*Key building information

This consultation lasts for 12 weeks from 20 July 2022 to 12 October.

Those practitioners willing to add their views can do so by completing an online survey. Alternatively, they can e-mail their responses to the questions to OccupiedBuildingsConsultation@levellingup.gov.uk Written responses can be sent to Consultation on Occupied High-Risk Buildings, c/o Reform, Legislation and Regulators Division, Building Safety Programme, Department for Levelling Up, Housing and Communities, 3rd Floor, Fry Building, 2 Marsham Street, London SW1P 4DF

 
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