Building control approval for higher-risk buildings: Guidance from the Building Safety Regulator

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Application process applies to high-rise residential, care and hospital buildings in England

The UK Health and Safety Executive has published updated guidance detailing how to apply for building control approval from the Building Safety Regulator (BSR) for work involving higher-risk buildings in England.

Higher-risk buildings are defined as those that are at least 18 metres tall or have seven or more storeys, and either contain at least two residential units or are used as hospitals or care homes.

The guidance outlines when approval is required, how to apply, and the obligations of clients during building projects.

It also explains the classification of building work, exemptions, emergency procedures, and what happens after an application is submitted.

According to the Health and Safety Executive, building work on higher-risk buildings must not begin until building control approval has been granted.

Failing to obtain approval beforehand is a criminal offence.

Clients must ensure applications are accurate and submitted before work begins

Under the regulations, it is the client’s legal responsibility to make sure that an application for building control approval is submitted and approved before any work on a higher-risk building starts.

Clients may nominate someone else to handle the submission process, but responsibility for compliance remains with the client.

Building control approval is required for new higher-risk buildings, work that results in a building becoming or ceasing to be higher-risk, and most work on existing higher-risk buildings unless it is classified as exempt or conducted under a recognised competent person scheme.

Approval is not needed for non-higher-risk buildings.

In such cases, control remains with local authorities or registered building control approvers.

Applications vary based on project scope and must follow defined categories

The process for applying differs depending on whether the project involves a new higher-risk building or work on an existing one.

For new construction, applicants can choose to submit one full application or apply in stages if the project is complex.

In all cases, a single application should be submitted for connected buildings that share common parts such as car parks or walls.

Work on existing higher-risk buildings must be categorised correctly.

Category A includes structural alterations and changes affecting fire safety systems or escape routes.

Category B includes all other work.

Applications submitted under the wrong category may be rejected.

Emergency repairs addressing immediate health or safety risks can be undertaken without prior approval, but BSR must be notified by the end of the next working day.

Approval, inspections, and completion certification processes

Once an application is submitted, the BSR checks that it includes all necessary information.

Applications that pass validation are assessed within 12 weeks for new buildings or 8 weeks for existing buildings, unless otherwise agreed.

Decisions may include approval, conditional approval with further requirements, or rejection.

If rejected, the applicant will receive reasons and can request a review or appeal to a First-tier Tribunal.

After approval, clients must notify the BSR at various stages of the project and comply with a defined inspection schedule.

Any major changes to the project must be submitted for additional approval.

When construction is complete, clients must apply for a completion certificate.

A building with two or more residential units must also be registered with BSR before it can be occupied.

Building control approval for higher-risk buildings: Summary

The Building Safety Regulator, part of the UK Health and Safety Executive, requires building control approval for construction or building work on higher-risk buildings in England.

These buildings are defined as those with at least 18 metres in height or seven storeys, and either containing two or more residential units, or operating as hospitals or care homes.

Clients are legally responsible for ensuring that building control approval is granted before any work starts.

Applications must follow specific processes depending on whether the building is new or existing, and must be categorised appropriately.

Emergency repairs are allowed without prior approval but must be reported to BSR the next working day.

Applications are validated and assessed by BSR, who will issue a decision to approve, approve with requirements, or reject.

Approved projects must follow inspection and change notification protocols.

Upon completion, a certificate must be obtained, and buildings with residential units must be registered with BSR before occupation.

Charges apply according to the BSR’s published scheme.

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