BUILDING REGULATIONS - CHANGES 2023

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This information is intended to help inform of the changes to the Building Regulations that came into force on 1st October 2023. It is not an exhaustive summary or comprehensive explanation and should not be treated as such. 

The Government has published amendments to the Building Regulations, which came into effect from 1st October 2023. If you have submitted, or are intending to submit, a Building Control application, you have new legal responsibilities as a Client, Designer, or Contractor. 

As of 1st October 2023, it is a legal requirement for all Principal Designers, Principal Contractors, and you, the Client, to be entirely involved with the project from start to finish. This is to ensure that at each stage of building projects ‘Dutyholders’ are identified, and roles, responsibilities, and expectations are clear.

Part 2A of the Building Regulations introduces new terms, roles, and responsibilities; the role of ‘Dutyholders’, competency requirements, and signed declarations stating compliance has been achieved prior to submitting a Building Regulations application. These changes place a greater responsibility for Building Regulation compliance on the Client, requiring them to make suitable arrangements for the planning, management, and monitoring of any building works to which the Building Regulations apply.

Before the 1st October, liability and responsibility of compliance fell to the Appointed Building Inspector. The new legislation places increased liability on ‘Dutyholders’ to monitor and manage the build through to completion with sign off declarations.

For domestic projects, it is considered unlikely that the Client will have sufficient competencies to carry out these duties and therefore most of the Client duties will be placed on those undertaking the design work and building work, as appointed by the Client. 

Appointing the correct persons, with the right competencies for the project is imperative to ensure compliance with Building Regulations. It is your responsibility to ensure your chosen Contractor is aware of the latest Building Regulation changes and be capable and competent to undertake the proposed works. 

It is important that you take your time and ensure due diligence is taken in choosing the most competent Contractor to instruct as they will be required to inspect and sign off their own works to meet compliance before a Building Inspector is able to assess the project. 

Prior to commencement of the project and prior to submitting a Building Regulations application, a Principal Contractor is to be engaged and we will require their details to be shared with Hawkins & Hawkins in a ‘Key Building Information’ (KBI) form, which denotes that person’s role in the project. The works undertaken by your chosen Contractor will require declaration sign offs prior to contacting Building Control. 

It is important you thoroughly read and understand your compliance duty. More information can be found below.