The BSA Higher Risk Building (HRB) transitional arrangements for works which qualified, because the building control application was made and not rejected before 1 October 2023, come to an end on 6 April 2024. For more information on the transitional arrangements see our article Building Safety Act 2022 (BSA) – Transitional Arrangements For Higher Risk Buildings. By that April date, all three criteria below must be met to stay within those arrangements:
- The construction works must be “sufficiently progressed” – for a new HRB this is the pouring of concrete for the permanent placement of the trench, pad or raft foundations or the permanent placement of piling has started; for an existing HRB when the work started and for change of use to an HRB when work to effect the change has started; and
- The building inspector must have applied for registration as a Registered Building Inspector (RBI) even if his/her competence assessment and registration has not been completed by that date. Competence assessment and certification by one the approved schemes and registration with the BSR must then be completed by 6 July; and
- The Building Control Authority (whether the local authority or a private enterprise) must be registered with the Building Safety Regulator (BSR) as a Registered Building Control Approver (RBCA).
Any HRB project which does not meet each of these requirements by 6 April will transfer to the BSR and the new regulatory regime for HRBs, including Gateways Two and Three (which are avoided under the transitional arrangements) will apply.
Originally all building inspectors were required to be registered as an RBI by 6 April, failing which that inspector could not continue to exercise the building control function and would have to be replaced with one who was properly registered. However in light of industry concerns, on 14 March 2024 the Health and Safety Executive extended the period of competence assessment until 6 July. In addition to the application to register as an RBI by 6 April, the 13-week extension to 6 July during which the building inspector may continue to exercise the building control function will only apply if all three criteria below are met:
- They are an existing building control professional; and
- They are enrolled in, and in the process of having their competency assessed through, one of the BSR approved competency assessment schemes by 6 April 2024. These are: www.cbuilde.com, www.thebscf.org, www.ttd-education.org; and
- A scheme provider has not told them that they have not passed their competency assessment for a second time.
Separately, any building control approval obtained before 1 October 2023 will automatically lapse three years after the date of the initial notice or deposit of plans if not implemented beforehand. This means that it will be as if the original application had not been made and the approval had not been given. A new application will then need to be made to the BSR before any works can proceed and the new HRB regime will apply. The list of those entities which have been registered as an RBCA will apparently not be published by BSR until 1 April 2024, ahead of the 6 April deadline. It is not yet known if the list of RBIs who have successfully completed registration will also be published on that day. Before publication of these registration lists, anyone wanting to check whether an RBCA or RBI is registered, or in the case of a building inspector has applied to be registered and is undergoing competence assessment, will need to make direct enquiries of those parties and seek verification as to their status.