CHANGES TO THE BUILDING REGULATIONS 2023 INFORMATION FOR DUTYHOLDERS

BACKGROUND AND WHAT HAS CHANGED
The Government has published amendments to the Building Regulations, which will apply to all applications for building control consent from 1 October 2023.

In addition, the Government has formed a new regulatory body within the Health and Safety Executive (HSE) called the Building Safety Regulator (BSR). The BSR will oversee many aspects of building safety, including Building Regulations and Building Control.

If you, or someone on your behalf, have submitted a building control application, you have new legal responsibilities from 1 October 2023 as a Client, Designer or Contractor. You must follow these legal procedures so that your building control application can be considered.

If you do not follow the procedures prescribed for your role, it will result in your application being rejected or reverted to local council control, which will require the same information.

REGISTERED BUILDING CONTROL APPROVERS
Approved inspectors are independently monitored and regulated by the Construction Industry Council Approved Inspector Register (CICAIR) under the Building Act 1984. Under the new building control system all RBCA will need to become Registered Building Control Approvers (RBCA) which requires registration with the BSR.

The registration process will begin in October 2023 with all RBCA expecting to have applied for registration before 6 April 2024 when this becomes a requirement.

REGISTERED BUILDING INSPECTORS
Building control is to become a regulated profession, meaning that the job title ‘Building Inspector’ will be protected in law. There is a requirement for certain qualifications or experience to be held by individuals working within the profession and for them to register with the regulator (BSR) as Registered Building Inspectors (RBIs). This will become a requirement from April 2024 and applies to individuals within Local Authorities and those working for RBCA.

All RBIs will have their competence third party validated against the Building Inspector Competency Framework for the class of registration they are applying for. This will help ensure high performance and consistency across all sectors.

WHAT IS YOUR DUTYHOLDER ROLE?
The following table identifies who you are prescribed in the new Part 2A Dutyholders and Competence. The diagrams that follow the table summarise your new legal duties and roles and what information your Approved Inspector needs from you throughout the processing of your application.

Identifying where you fit:

Note: All dutyholders must share information with anyone who might be affected within the Client, Designer and Contractor chain.