Introduction
This article provides a summary of, and links to, the key guidance notes published by the Health and Safety Executive (HSE) relating to High-Risk Buildings (HRBs). These guidance notes are essential for understanding the roles, responsibilities, and legal requirements for managing safety in HRBs. It also provides detailed responsibilities for clients, principal designers, and principal contractors involved in the design and construction of higher-risk buildings.
Building Control Approval for HRBs
The role of the Building Safety Regulator (BSR) is to oversee and approve building work for HRBs. An HRB is a building that is at least 18 metres tall or has at least 7 storeys and contains at least two residential units or is a hospital or care home.
Prior to any building work starting the “client” must ensure that building control approval is granted and that the information provided in the Building Control Approval Application (the “Application”) is correct.
Where there is an HRB that is not connected to another building or multiple HRBs connected by a common part (i.e. a car park, walkway, or party wall) then a single Application may be submitted.
However, for “complex” projects that involved buildings with multiple connected parts, it may be appropriate to apply for a “stage application”. This is where the building work is split into different stages and allows for the progress of the project in separate stages with detailed plans submitted for each stage prior to commencing work on that stage.
Approval by the BSR is not required in some circumstances such as when the work consists only of “exempt work” [1]or “competent person scheme work” [2] . However, where such work forms part of a wider building project, then it must be included in the Application for that project.
If the works are “emergency repairs”[3] then it may also proceed without approval from the BSR.
Preparing Information for a Building Control Approval Application
Applications are required to include specified information. If the person or entity making the Application is not the “client” then written proof that the client has authorised the application must be provided. The required information includes:
- The names, addresses, contact details and organisation for each of the client, principal designer and principal contractor must also be provided. Should any of the duty holders change, the BSR must be notified.
- Details of the building name and location must be provided.
- Drawings and plans which describe the project and scope of the work and how the work complies with the Building Regulations.
- The intended use of the building and each storey once works are completed.
Making changes to a HRB Project
There are procedures for making changes to an HRB project that has already been approved.
Changes that could impact compliance with Building Regulations are known as “notifiable changes”[4] and must be notified to the BSR prior to the change being implemented.
A “major change[5]” (i.e. a material change of use of any part of the proposed building) requires approval from the BSR prior to any works proceeding. Currently, applications to the BSR for “major changes” may take up to six weeks to assess.
Reasons must be given for making any notifiable or major change, together with an explanation of any advice obtained and which documents affect the change.
Applying for a Completion Certificate
Once the works are complete, and in order to register the building, a completion certificate (the “Certificate”) must be applied for and issued by the BSR. Either a full or partial Certificate can be applied for.
When applying for a Certificate, a summary of the completed work that will be covered by the Certificate is required. Copies of the following key documents are also required to be provided:
- Drawings and plans;
- Construction control plan;
- Change control plan;
- Mandatory occurrence reporting plan;
- Building regulations compliance statement;
- Fire and emergency file;
- Fire completion statement (for category B work);
- Partial completion strategy (if applying for a partial completion certificate);
- Plans showing locations of any new drains and sewers;
- Information about drainage precautions (if built over, or within three metres of the centreline of an existing drain, public or private sewer or disposal main);
- Compliance declarations (signed by the principal designer and principal contractor);
- A client confirmation statement (signed by the client);
- Change control log; and
- A statement confirming the client has handed the building information over to either the responsible person under the Regulatory Reform (Fire Safety) Order 2005 or the principal accountable person.
Application Decision
The BSR will assess the information and documents in the Application comparing the original documents in the Application to any updated documents, together with any changes submitted during the work. The BSR will also carry out an inspection of the completed works to decide whether the completed works meet the relevant Building Regulations and requirements.
A Certificate will be approved if:
- The BSR decides that the completed works comply with the applicable Building Regulations and requirements;
- The required documents and information for the Application are completed and accurate; and
- Information about the building has been handed over to the responsible person or relevant accountable person.
[1] Building control approval for higher-risk buildings – GOV.UK
[2] Building control approval for higher-risk buildings – GOV.UK
[3] Building control approval for higher-risk buildings – GOV.UK
[4] Making changes to a higher-risk building project – GOV.UK
[5] Making changes to a higher-risk building project – GOV.UK
