UK Statutory Instrument SI 2023 England

Building (Higher-Risk Buildings Procedures) (England) Regulations 2023

This instrument is part of a number of Regulations which implement Part 3 of the Building Safety Act 2022 (c. 30).

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
BSR
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Client17 Any Person3 Director or Officer2 Contractor1 Applicant1

Plus 12 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Client — also bound by 62 other Acts
Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Contractor — also bound by 173 other Acts
Applicant — also bound by 307 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Preliminary

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Citation, commencement, extent and application (opens in a new tab)
s.002 Interpretation (opens in a new tab)
Part 2

Building control approval

11 of 15 sections shown
s.003 Building control approval for HRB work or stage of HRB work (opens in a new tab) Regulated
  • Obtain building control approval before starting higher-risk building workClient
s.004 Building control approval applications for HRB work or stage of HRB work (opens in a new tab) Regulated
  • You must submit a full building control approval application for higher-risk building workApplicant
s.005 Building control approval applications for HRB work or stage of HRB work: validity and time limit (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must validate and determine HRB applications within 12 weeksStatutory regulator
s.006 Building control approval applications for HRB work or stage of HRB work: consultation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must consult specialists before approving high-risk building workStatutory regulator
s.007 Building control approval applications for HRB work or stage of HRB work: decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must decide on higher-risk building (HRB) work applicationsStatutory regulator
s.009 Notice before starting on site and further notice when work is “commenced” (opens in a new tab) Regulated
  • Give BSR notice before starting HRB work and when work commencesClient
s.010 Notification of emergency repairs to existing HRB (opens in a new tab) Regulated
  • Notify the Building Safety Regulator of emergency repairs to higher-risk buildingsClient
s.013 Building control approval applications for work to existing HRB: validity and time limit (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must determine HRB building control applications within 8 weeksStatutory regulator
s.014 Building control approval applications for work to existing HRB: consultation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must consult fire and water authorities on HRB work applicationsStatutory regulator
s.015 Building control approval applications for work to existing HRB: decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must decide on building control applications for work to existing HRBsStatutory regulator
s.017 Notice before starting on site and further notice when work is “commenced” (opens in a new tab) Regulated
  • Notify BSR before starting work and when work is commenced on existing HRBsClient
4 other sections in this Part — procedural and definitional
s.008 Regulator’s power to require notifications etc for HRB work or stage of HRB work (opens in a new tab)
s.011 Building control approval for work to existing HRB (opens in a new tab)
s.012 Building control approval applications for work to existing HRB (opens in a new tab)
s.016 Regulator’s power to require notifications etc for work to existing HRB (opens in a new tab)
Part 3

Changes before or during construction

10 of 13 sections shown
s.018 Change control (opens in a new tab) Regulated
  • Manage and record changes to higher-risk building workClient
s.019 Change control: record-keeping (opens in a new tab) Regulated
  • Create and maintain a change control log for higher-risk building projectsDirector or Officer
s.020 Change control: notification requirements (opens in a new tab) Regulated
  • Submit detailed notification for changes to higher-risk building workClient
s.021 Change control applications (opens in a new tab) Regulated
  • Apply to BSR for approval before changing higher-risk building plansClient
s.022 Change control applications: validity and time limit (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must determine change control applications within 6 weeksStatutory regulator
s.024 Change control applications: decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must decide on change control applications for high-risk buildingsStatutory regulator
s.027 New client etc (opens in a new tab) Regulated
  • Transfer safety information and notify BSR when building client changesClient
s.028 Insolvency etc of the client: notifications (opens in a new tab) Regulated
  • Notify BSR within 14 days if you become insolvent on a higher-risk building projectClient
s.029 New principal contractor or principal designer etc: notification (opens in a new tab) Regulated
  • Notify the BSR of new principal contractors or designersClient
s.030 Variation of a requirement imposed on a building control approval (opens in a new tab) Regulated
  • Request a variation to building control approval requirementsClient
3 other sections in this Part — procedural and definitional
s.023 Change control applications: consultation (opens in a new tab)
s.025 Change control: regulator power to specify notifiable changes and major changes (opens in a new tab)
s.026 Change control: major changes and notifiable changes (opens in a new tab)
Part 4

Golden thread, mandatory occurrence reporting, information handover etc

4 of 9 sections shown
s.031 Golden thread (opens in a new tab) Regulated
  • Create and maintain a digital 'golden thread' of building informationClient
s.032 Mandatory occurrence reporting system (opens in a new tab) Regulated
  • Establish and maintain a mandatory safety occurrence reporting systemDirector or Officer
s.037 Mandatory occurrence reporting: client duty on appointment of principal contractor or principal designer (opens in a new tab) Regulated
  • Check competence of Principal Designer or Contractor for high-risk buildingsClient
s.039 Information to be provided where work is scheme work (opens in a new tab) Regulated
  • Provide fire safety and building systems information after scheme work on higher-risk buildingsContractor
5 other sections in this Part — procedural and definitional
s.033 Mandatory occurrence reporting: reporting to the regulator (opens in a new tab)
s.034 Mandatory occurrence reporting: defences (opens in a new tab)
s.035 Mandatory occurrence reporting: definitions (opens in a new tab)
s.036 Mandatory occurrence reporting: regulator’s annual report (opens in a new tab)
s.038 Handover of information on completion etc (opens in a new tab)
Part 5

Completion certificates

5 of 6 sections shown
s.041 Completion certificate applications: validity and time limit (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must determine HRB completion certificate applications within 8 weeksStatutory regulator
s.042 Completion certificate applications: consultation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must consult fire and water authorities before issuing HRB certificatesStatutory regulator
s.043 Completion certificate applications: inspection (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must inspect high-risk building work before certifying completionStatutory regulator
s.044 Completion certificate applications: decisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • BSR must decide on completion certificate applications for high-risk buildingsStatutory regulator
s.045 Partial completion certificates (opens in a new tab) Regulated
  • Apply for a partial completion certificate before occupying part of a buildingClient
1 other section in this Part — procedural and definitional
s.040 Completion certificate applications (opens in a new tab)
Part 6

Inspections etc, regularisation, review of decisions, appeals and section 30A procedures etc

0 of 11 sections shown
11 other sections in this Part — procedural and definitional
s.046 Inspections etc (opens in a new tab)
s.047 Regularisation of unauthorised building work (opens in a new tab)
s.048 Review of regulator’s decisions (opens in a new tab)
s.049 Appeal in relation to reviewed decisions (opens in a new tab)
s.050 Section 30A prescribed applications (opens in a new tab)
s.051 Section 30A applications: procedure (opens in a new tab)
s.052 Section 30A applications: electronic submissions (opens in a new tab)
s.053 Section 30A applications: determinations (opens in a new tab)
s.054 Section 30A applications: appointed persons (opens in a new tab)
s.055 Deemed rejection of the original application (opens in a new tab)
s.056 Section 30A applications: appeals (opens in a new tab)
Part 7

Miscellaneous

0 of 10 sections shown
10 other sections in this Part — procedural and definitional
s.057 Exempt work (opens in a new tab)
s.058 Requirement for completion certificate before occupation and transitional cases (opens in a new tab)
s.059 Electronic submission and directions (opens in a new tab)
s.060 Contraventions by the regulator not to be subject to enforcement (opens in a new tab)
s.061 Provisions in relation to which a stop notice may be given (opens in a new tab)
s.062 Local land charges (opens in a new tab)
s.063 Consequential amendment to the Regulatory Reform (Fire Safety) Order 2005 (opens in a new tab)
s.064 Consequential amendments to the Community Infrastructure Levy Regulations 2010 (opens in a new tab)
s.065 Consequential amendments to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (opens in a new tab)
s.066 Transitional, supplementary and saving provisions (opens in a new tab)
Schedules

Schedules

6 of 25 shown
s.sch001 Competence declaration Regulated
  • Submit a signed competence declaration for higher-risk building workClient
s.sch001 Construction control plan Regulated
  • Prepare a construction control plan for higher-risk building workClient
s.sch001 Change control plan Regulated
  • Have a change control plan for higher-risk building projectsClient
s.sch003 From October 2023: cases where full plans are rejected Regulated
  • Notify BSR of higher-risk building work within 10 working days of plans being rejectedAny Person
s.sch003 October 2023 to April 2024: cases of not sufficiently progressed work where an initial notice is cancelled before 6th April 2024 Regulated
  • Notify the Building Safety Regulator when an initial notice is cancelled and work hasn't progressed enoughAny Person
s.sch003 October 2023 to April 2024: cases of sufficiently progressed work where an initial notice is cancelled before 6th April 2024 Regulated
  • Notify BSR and stop work after cancellation of initial notice on a higher-risk buildingAny Person
19 other schedules
s.001 Documents (opens in a new tab)
s.sch001 Building Regulations compliance statement
s.sch001 Fire and emergency file
s.sch001 Partial completion strategy
s.sch002 Exempt work (opens in a new tab)
s.sch002 Work consisting of— (a) in relation to an existing fixed...
s.sch002 Installation of thermal insulation to suspended timber floors where the...
s.sch002 For the purposes of this Schedule— “fixed building service” has...
s.sch003 Transitional, supplementary and saving provisions (opens in a new tab)
s.sch003 October 2023: HRB work and work to existing HRB
s.sch003 From April 2024: cases where work has sufficiently progressed but approved inspector is not a registered building control approver
s.sch003 From April 2024: cases where work has sufficiently progressed and then initial notice ceases
s.sch003 Contravention of certain provisions not to be an offence etc
s.sch003 Interpretation
s.sch003 October 2023 to April 2024: cases where building control approval lapses before 6th April 2024
s.sch003 From April 2024: local authority to notify regulator where work has not sufficiently progressed
s.sch003 From April 2024: cases where work is to be regarded as sufficiently progressed
s.sch003 From April 2024: cases of work not sufficiently progressed with an initial notice
s.sch003 From April 2024: cases of work not sufficiently progressed with full plans

Help complying

Guvnor’s practical routes through this instrument.

Gateway 2 preparation checklist

Quick readiness check before submitting your Gateway 2 application to BSR. For teams already familiar with the Building Safety Act who need …

New higher-risk building development compliance

Learning path for developers undertaking their first higher-risk building project under the Building Safety Act 2022. Covers the gateway process, golden thread …

Managing an occupied higher-risk building

Learning path for Accountable Persons and property managers responsible for higher-risk buildings under the Building Safety Act 2022. Covers registration, safety case …

Run a construction business

Ongoing compliance, site safety, and operational requirements for established construction businesses

Building Safety Act for SME contractors

A learning path for small and medium construction businesses working on higher-risk building projects under the Building Safety Act 2022. Covers what …

Golden thread compliance check

Quick compliance check for duty holders to verify their golden thread meets Building Safety Act requirements. Covers format, content, access controls, and …

Apply for Gateway 3 completion certificate

How to apply for a Gateway 3 completion certificate from the Building Safety Regulator before anyone can occupy a higher-risk building. Covers …

Building safety duties for contractors

Your legal duties as a contractor working on higher-risk buildings under the Building Safety Act 2022. Covers Principal Contractor responsibilities, golden thread …

Submit a Gateway 2 application to BSR

How to apply for Gateway 2 building control approval from the Building Safety Regulator before starting construction on a higher-risk building. Covers …
6 more guides that reference this instrument
Building safety duties for designers Hand over the golden thread at building completion Hand over the golden thread at building completion Building safety duties for Accountable Persons Create and maintain the golden thread Meet Building Safety Act requirements for higher-risk buildings

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.