Building (Higher-Risk Buildings Procedures) (England) Regulations 2023
What this means for your business
- Enforced by
- BSR
- Applies to
- United Kingdom
- On this page
- 19 compliance obligations, 6 practical guides
What you must do
19 compliance obligations under this legislation.
Appointments 1
Verify competence of appointed principal contractor or designer for reporting duties
If you are the client commissioning any work on a higher‑risk building, you must check that the principal contractor (or sole contractor) or principal designer you appoint can meet the mandatory occurrence‑reporting requirements. In practice this means carrying out reasonable checks before they start work to confirm they have the systems and ability to report incidents to the regulator.
Management duties 9
Apply for a partial completion certificate before partial occupation
If you are the client commissioning work on a higher‑risk building and you want part of the building occupied before the whole work is finished, you must submit a written application to the building regulator for a partial completion certificate. The application must contain detailed information about the work, the building and the intended use, and be signed by you before anyone uses that part of the building.
Control and record changes to higher‑risk building work
If you are the client commissioning work on a higher‑risk building, you must manage any changes to the plans, work stages or agreed procedures. Before a change is carried out you need to record it, update the relevant documents, notify the regulator where required and obtain any needed approvals. Work cannot start until those records, notifications and approvals are in place.
Obtain building control approval before any higher‑risk building work
If you are the client (the person commissioning the work) for a higher‑risk building project, you must apply for, receive and meet any conditions of building control approval before you start the work or any stage of it. You also have to tell the regulator the date you intend to begin the work.
Provide detailed plans and allow 15‑day consult before certifying completion
If you’re applying for a completion certificate on a higher‑risk building or certain category A/B work, you must give the building control authority (and, if required, the sewerage company) all the plans that prove your work meets fire‑safety and other statutory requirements. The regulator can’t issue the certificate until at least 15 working days after the consultation begins, or longer if you agree in writing.
Send completion certificate and supporting documents to the relevant person
When your higher‑risk building work has been approved and a completion certificate is issued, you must forward a copy of the full application and all the documents you submitted, together with the certificate itself, to the person who will receive the building’s hand‑over information. This ensures they have everything needed for future maintenance or sale.
Set up and run a safety occurrence reporting system for higher‑risk building projects
If you are the principal designer or principal contractor on a higher‑risk building, you must put in place a system that lets anyone on site quickly report any safety incident. You also need to train everyone on how to use the system and carry out regular inspections of the work and design for safety issues throughout construction.
Submit complete building‑control application and meet regulator conditions for work on existing higher‑risk buildings
If your business is carrying out work on an existing higher‑risk building, you must lodge a building‑control application that meets all the detailed requirements set out in the Regulations. You must supply any extra documents the regulator asks for, provide revised plans when required, and you cannot start or continue work until the regulator has approved the relevant plans or documents. Failure to do so can lead to the application being rejected or to enforcement action.
Submit complete change‑control applications and follow regulator’s conditions
When you want to alter work on a higher‑risk building, you must lodge a change‑control application that meets all the regulator’s technical requirements and contains enough detail for them to assess compliance. If the regulator raises concerns, you must provide any revised plans or documents they ask for, and you must stop the work until those conditions are satisfied.
Submit compliant building control approval and meet regulator conditions for higher‑risk building work
If you are commissioning higher‑risk building work, you must send a building control approval application that meets all regulator requirements. If the regulator rejects the application or adds conditions, you must provide the required revised plans or documents within the time they set and you cannot start or continue the work until the regulator gives formal approval.
Notifications 5
Notify regulator and hand over information when the client of a higher‑risk building changes
If the person who commissioned work on a higher‑risk building stops being the client, they must give the new client all the design and compliance information within 14 days. The new client (or their representative) must then notify the regulator within 28 days, record the change in the change‑control log and update the construction control plan.
Notify regulator of any proposed controlled change to higher‑risk building documents
When you want to make a change to the approved plans or documents for a higher‑risk building, you must send a written notice to the regulator. The notice must be signed by you (the client) and include details such as what the change is, why you’re making it, any advice you’ve taken, how it affects the approved documents and how you’ll stay compliant. If you send the notice through a third party, you also need to sign a statement confirming the information is correct and include the revised document.
Notify regulator of new principal contractor or designer
When you (the client) appoint a new principal contractor, sole contractor, principal designer, or sole/lead designer for higher‑risk building work, you must tell the building regulator. Within 14 days you must send a signed notice with the appointee’s contact details, statements that they meet competence requirements, any required records, and a copy of the outgoing duty‑holder’s certification or explanation. You also need to record the change in your change‑control log and update the construction control plan.
Submit a written change control application with required details
Whenever you want to make a controlled change to a higher‑risk building, you must send a signed written application to the regulator. The application must include your contact details, the contractor/designer’s details, a statement that it is made under the regulations, a description of the change, and supporting documents such as reasons for the change, any advice received, plans (if altering flats), impact assessments, compliance explanation and, if someone else is applying on your behalf, your signed consent and the revised agreed document.
Submit a written request to vary a building control requirement
If you want to change a condition imposed by the building regulator on a higher‑risk building project, you must send them a signed written request. The request must include your contact details, a statement that it’s made under the Regulations, a clear description of the change you’re asking for, why you want it, and details of any professional advice you’ve taken.
Record keeping 2
Maintain a change control log for project changes
If you are the principal or sole contractor on a higher‑risk building project, you must keep a change control log. For every change you need to record who entered it, what the change is, why it’s being made, its classification, any advice sought, the documents affected and how the change will still meet building regulations.
Maintain electronic “golden thread” information for higher‑risk building work
If you are the client commissioning any higher‑risk building work, you must set up an electronic “golden thread” system and keep it up‑to‑date with all design data, fire statements, approvals, change records, notices and regulator reports. The information has to be accurate, readable, securely stored, and you must give designers, contractors or the regulator access to it as soon as they ask, especially before construction starts.
Reporting and filing 2
Submit a valid building control approval for HRB work within 12 weeks
If you’re planning higher‑risk building work or a stage of it, you must apply for and get a building control approval that meets all the required standards. The regulator will review the application and you must respond within 12 weeks (or a longer period agreed in writing). If your application isn’t valid, the regulator will let you know and also inform the client if you’re not the client yourself.
Submit a valid completion certificate application
When you finish higher‑risk building work, you need to send a completed completion certificate application to the regulator. The application must meet the detailed requirements in the regulations so it is considered ‘valid’. The regulator will review it within 8 weeks and send you a decision.
Practical guidance
Our guides explain how to comply with the requirements above.
Building safety duties for designers
Your legal duties as a designer under the Building Safety Act 2022 when working on higher-risk buildings. Covers the Principal …
Meet Building Safety Act requirements for higher-risk buildings
How to comply with the Building Safety Act 2022 for higher-risk buildings (18m+ or 7+ storeys). Covers gateway approvals, golden …
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 …
Hand over the golden thread at building completion
How to hand over the golden thread of building information from the construction team to the Accountable Person at building …
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 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, …
Sections and provisions
66 classified provisions from this legislation.
Duties 24
- s.3 Building control approval for HRB work or stage of HRB work
- s.5 Building control approval applications for HRB work or stage of HRB work: validity and time limit
- s.6 Building control approval applications for HRB work or stage of HRB work: consultation
- s.7 Building control approval applications for HRB work or stage of HRB work: decisions direction relating
- s.13 Building control approval applications for work to existing HRB: validity and time limit
- s.14 Building control approval applications for work to existing HRB: consultation
- s.15 Building control approval applications for work to existing HRB: decisions direction relating
- s.18 Change control the client
- s.19 Change control: record-keeping
- s.20 Change control: notification requirements
- s.21 Change control applications
- s.22 Change control applications: validity and time limit
- s.24 Change control applications: decisions direction relating
- s.27 New client etc PR
- s.29 New principal contractor or principal designer etc: notification reasons the person referred
- s.30 Variation of a requirement imposed on a building control approval
- s.31 Golden thread key needed
- s.32 Mandatory occurrence reporting system safety occurrence
- s.37 Mandatory occurrence reporting: client duty on appointment of principal contractor or principal designer
- s.41 Completion certificate applications: validity and time limit
- ... and 4 more duties
Powers 9
- s.8 Regulator’s power to require notifications etc for HRB work or stage of HRB work
- s.16 Regulator’s power to require notifications etc for work to existing HRB
- s.25 Change control: regulator power to specify notifiable changes and major changes
- s.26 Change control: major changes and notifiable changes
- s.46 Inspections etc
- s.48 Review of regulator’s decisions
- s.53 Section 30A applications: determinations
- s.54 Section 30A applications: appointed persons
- s.59 Electronic submission and directions
Definitions 15
- Schedule 1 Documents dutyholders
- s.2 Interpretation the 1984 Act the 2022 Act the 2010 Regulations
- s.10 Notification of emergency repairs to existing HRB emergency repairs responsible person
- s.23 Change control applications: consultation category B work
- s.35 Mandatory occurrence reporting: definitions construction phase HRB design work principal dutyholders
- s.38 Handover of information on completion etc BFLO information relevant person specified golden thread information
- s.39 Information to be provided where work is scheme work certifier fire safety information responsible person
- s.40 Completion certificate applications compliance declaration
- s.50 Section 30A prescribed applications
- s.51 Section 30A applications: procedure
- s.57 Exempt work
- s.58 Requirement for completion certificate before occupation and transitional cases type A transitional work type B transitional work
- s.61 Provisions in relation to which a stop notice may be given
- s.64 Consequential amendments to the Community Infrastructure Levy Regulations 2010
- s.65 Consequential amendments to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 emergency repairs the regulator work to existing HRB
Exemptions 6
- s.11 Building control approval for work to existing HRB
- s.28 Insolvency etc of the client: notifications
- s.33 Mandatory occurrence reporting: reporting to the regulator
- s.34 Mandatory occurrence reporting: defences
- s.47 Regularisation of unauthorised building work
- s.60 Contraventions by the regulator not to be subject to enforcement