Autumn BSA Regulatory Update

On 7 October 2025, amendments to the Building Regulations 2010 and Registered Building Control Approvers (RBCAs) Regulations (England) 2024 came into force. These:

• Clarify the obligations of clients/developers (Client) in relation to building control completion notices, which must be given within five days after construction work has been completed. These notices are required to include key completion statements from principal or sole contractors and designer dutyholders required under the Building Safety Act (BSA), the amendments set out what must happen if any of these statements are unavailable.
• Place new obligations on RBCAs in relation to the notification of contravention orders issued under the BSA.
• Clarify the completion notice requirements that apply to building work which was subject to an Initial Notice, but where supervision has now passed to the relevant authority. This will be relevant, for example, where private building control approvers cease to trade.

Under the amended regulations, where a Client is unable to obtain a completion statement from the principal or sole contractor and/or the principal or sole designer, the completion notice submitted to the relevant building control authority – whether the Building Safety Regulator (BSR) or a local authority (including where supervision has reverted to the local authority) must now include a formal explanation from the Client giving the reasons for the absence of such statements.

In parallel, the amended regulations introduce a new requirement for the BSR to notify all local authorities in England of any serious contravention orders which are issued. This measure is intended to enhance transparency and regulatory oversight.

If the Initial Notice for building regulation approval (being the notice required to be given by the registered building inspector prior to the commencement of works) is cancelled by the relevant building control approver or Client, a declaration must be made on the cancellation form if the person completing the form is subject to a serious contravention notice. A new Initial Notice cannot then be given whilst the works remain subject to a contravention notice.

Compliance with Building Regulations generally – a Reminder

Clients, designers and contractors all have legal duties to comply with the relevant requirements of the building regulations and local authorities responsible for building control have a general duty and statutory obligation to enforce those regulations. Clients are also obliged under the BSA to make suitable arrangements for the planning, managing and monitoring of a project to ensure compliance with all relevant building control requirements.

Generally, the BSA has strengthened the building regulations regime to improve oversight and ensure compliance. As well as being able to cancel Initial Notices in an increased number of circumstances, a building control local authority can issue compliance notices requiring non-compliant work to be remedied by a set date and stop notices requiring work to stop immediately. Failure to comply with such notices may be a criminal offence not only for corporate bodies but also culpable individuals within those corporate organisations.

Failure to comply with building regulations can be a statutory criminal offence punishable by a fine or imprisonment of culpable individuals. This is in addition to possible civil liability if, as is likely, the non- compliance is a breach of a relevant contract.

 Practical implications of the October 2025 Amendments

While the latest amendments are relatively concise, their practical implications in view of the overall duties referred to above are important. There are two key areas where proactive steps which should be taken to ensure compliance:

1. Strengthen Project Documentation Protocols

Clients should ensure that a robust documentation strategy is implemented from the outset of their projects to ensure compliance generally with the building regulations and the BSA. This includes ensuring, in line with the new regulations, that a contemporaneous record is maintained of all efforts to engage with principal contractors and designers, as dutyholders, regarding their statutory declarations. Where a completion statement cannot be obtained, the Client’s explanation as to why that has not been possible, must be credible, detailed, and supported by evidence of reasonable attempts to secure the required documentation. A Client should satisfy itself that these checks are being made and properly recorded bearing in mind that the Client itself is a dutyholder.

The lack of sufficient explanation and supporting evidence as to why the statements cannot be obtained in a notice will at best delay a certificate of satisfactory compliance with the building regulations or at worst eventually lead to sanctions and or enforcement action being taken.

2. RBCAs to Establish a Protocol for Contravention Orders

Where a serious contravention order is issued to an RBCA, it is now mandatory for the Building Safety Regulator to notify each building control authority in England. To ensure timely and accurate compliance with these regulations:

• RBCA organisations (whether local authority or private) should establish an internal reporting mechanism to flag and escalate such orders.
• A designated compliance officer or legal contact should be responsible for recording and updating the data.
• A centralised log of all contravention orders and related correspondence should be maintained for audit purposes.

These procedural steps should help avoid inadvertent breaches of the regulations and reinforce a culture of transparency and accountability.

Final Thoughts

These amendments to the regulations, which are mandatory for all construction projects, reflect the government’s continued focus on strengthening the regulatory framework for building safety in England. Clients and construction professionals, particularly building control approvers, must not only understand the letter of the law but also embed practical safeguards into their own project management to ensure compliance.

The original regulations and the recent amendments should be read together:

• The Building Regulations etc. (Amendment) (England) Regulations 2025
• The Building (Registered Building Control Approvers etc.) (England) Regulations 2024
• The Building Regulations 2010
• The Building Act 1984

For further advice on implementing these changes or reviewing your current compliance protocols, please get in touch with our Construction team.

This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.

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