Updates

The Building (Restricted Activities and Functions) (England) Regulations 2023

Jurisdiction: England

Commencement: 4th April 2024

Amends: New Legislation

Mini Summary

Local authorities, the Building Safety Regulator and registered building control approvers must not carry out certain functions (known as restricted activities and functions) without the involvement and advice of a registered building inspector.

Summary

The Building (Restricted Activities and Functions) (England) Regulations 2023 apply in England only. They aim toimprove building safety requirements introduced through The Building Safety Act 2022.

From 6th April 2024, registered building inspectors* must approve, or undertake certain activities and functions managed by local authorities, the Building Safety Regulator (BSR) and registered building control approvers.

*Registered building inspectors are building inspectors that are registered under The Building Safety Act 2022.

Duties

Duties only apply to regulators of building work.

Local authorities, the BSR and registered building control approvers must get approval from, or utilise registered building inspectors for restricted activities* and functions defined under these Regulations.

*A restricted activity is an activity that may only be carried out following consultation with a registered building inspector.

Restricted activities and functions for local authorities and the Building Safety Regulator include:

  • assessing applications for building control approval;
  • issuing completion certificates; and
  • issuing compliance and stop notices.

N.B. The BSR is the regulating body for all building work involving higher-risk buildings (HRBs)*. Local authorities regulate other building work.

*HRBs in England are defined as those with 2 or more residential units and a height of 18 metres, or 7 storeys

Restricted activities and functions for registered building control approvers include:

  • checking and approving notices and plans for building work;
  • compliance inspections carried out by the building control approver; and
  • giving initial notices and certificates to a local authority.

 

Link to full government text

 

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