KubitDocs · Legislation

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

Provisions the documents cite: regs 18–26 (change control), regs 32–33 (mandatory occurrence reporting), reg 38 (handover of information on completion), reg 40 (completion certificate applications) with reg 44 (decisions), Schedule 1 (documents — competence declaration, construction control plan, change control plan, Building Regulations compliance statement, fire and emergency file, partial completion strategy)

What it requires

Change control for higher-risk buildings: major and notifiable changes require BSR approval before they are built (regs 18–26). A change control application is made by the client in writing and signed, giving the client's, principal contractor's and principal designer's contact details and a description of the change, accompanied by the reasons for it, who was consulted and a summary of their advice, an assessment of the agreed documents affected, a compliance explanation, the client's confirmation where someone applies on its behalf, and the revised agreed documents (reg 21). Mandatory occurrence reporting — before the construction phase begins the principal dutyholders establish a system for the prompt reporting of every safety occurrence to them, and maintain it throughout the construction phase; they take reasonable steps to give each reporting person instruction and information on the system and on what to report (designers and contractors before beginning work, anyone else as soon as reasonably practicable after first entering the site); the principal contractor ensures an appropriate frequency of inspections of the work, and the principal designer of the HRB design work, for safety occurrences (reg 32). On becoming aware of a safety occurrence during the construction phase a principal dutyholder notifies the regulator by the quickest practicable means without undue delay, and gives a written report within 10 days giving the date and time, the site address, the reporter's contact details, the type and details of the occurrence including the nature of the risk, and the remedial measures or mitigation carried out (reg 33). Handover — no later than the date the work is completed (or, for a partial completion certificate, the date the part is to be occupied) the client gives the relevant person the building information the 2010 Regulations require (fire safety information under Part B, and ventilation, energy, on-site generation and overheating information under F1(1), L1, L2 and O where they apply) and the specified golden thread information — a copy of the completion certificate application and each document that accompanies it — keeping the filing structure, indexes and keys, in a format the relevant person can read, keep and update; the relevant person acknowledges receipt, confirming it can access the information and that it is enough to understand, operate and maintain the building and its fire safety systems (reg 38). Completion certificate application — made in writing to the regulator and signed by the client, with the parties' contact details, a description of the work as built (location; use of each storey; height and number of storeys; flats, residential rooms and commercial units; drainage; building over drains; local enactments), a client statement that to the best of its knowledge the work as built complies with all applicable requirements of the building regulations, and a statement signed by the client and the relevant person that the reg 38 information has been given and received. It is accompanied by a notice of the completion date, a plan at not less than 1:1250, other plans showing compliance, the agreed documents (construction control plan, change control plan, mandatory occurrence reporting plan, Building Regulations compliance statement, fire and emergency file), the updated change control log, and a compliance declaration signed by each principal contractor (or sole contractor) and principal designer (or sole or lead designer) with their details, dates of appointment and confirmation that they fulfilled their Part 2A duties, or the client's reasons where a declaration cannot be obtained (reg 40). The regulator approves only if satisfied the work is complete and compliant, the documents are complete and accurate and the handover information has been provided; on approval the client sends the relevant person the application, its documents and the certificate (reg 44). Schedule 1 prescribes the documents that accompany building control approval applications: the competence declaration signed by the client (stating the client considered past misconduct under 2010 Regulations reg 11E(2)(b) and is satisfied as to competence, with the reg 11D(8)–(9) records where there is more than one contractor); the construction control plan (the client's strategies, policies and procedures for compliance and the golden thread, for identifying and reviewing competence including serious sanctions, and for cooperation, a schedule of appointments with responsibilities, and review of the plan); the change control plan (how changes are identified, assessed, decided, recorded and notified, and how the plan is reviewed); the Building Regulations compliance statement; the fire and emergency file; and the partial completion strategy. WATCH — from 1 October 2026 the Building Safety Levy (England) Regulations 2025 (register entry bsl-regs-2025) add building safety levy information to building control approval and change control applications and a levy liability statement to completion certificate applications (regs 4(1)(f), 21(2)(g), 40(1)(g), 44(2A), 45).

The instrument itself: https://www.legislation.gov.uk/uksi/2023/909. The summary above is our plain-English reading, not the text of the instrument — always work from the source.

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The 23 documents that cite it

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Cladding & Facades RAMS

Cladding and façades quality checklists

Fire Protection topic RAMS

Higher-risk buildings