Many property owners and managers may not realise that various types of work to existing Higher Risk Buildings (HRB) now require approval from the Building Safety Regulator (BSR). While not all works need prior approval, it is crucial to understand the distinction between exempt works and those requiring sign-off.
Collaborative working with owners, developers and tenants as an integrated and cohesive team means we can minimise commercial risks by establishing the optimum path to achieving statutory compliance and sign-off.
The Building Safety Act 2022 and the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 significantly affect existing Higher Risk Buildings (HRBs), introducing new responsibilities for owners of flats or commercial units.
Emergency repairs, deemed urgent for health, safety, or welfare reasons, only require a notice followed by a regularisation certificate.
Exempt works, which do not need BSR approval, include minor services work (e.g., adding or replacing control devices, external doors, sanitary ware, or gutters), replacing external door and installation of thermal insulation in a roof space and in suspended timber floors. However, more complex tasks such as work on combustion appliances, electrical systems, or fire safety measures are not exempt. (see Schedule 2 ‘Exempt work’ for details)
Scheme work is work which can be carried out under a self-certification or third party certification scheme in accordance with reg. 20 and 20A, Building Regulations, also does not require a separate application by the client.
Category A works, such as altering the building’s height, layout, or fire safety systems, require detailed applications, including competence declarations, fire and emergency file, a construction control plan, a change control plan, a mandatory occurrence reporting plan and a Building Regulations compliance statement. Gateway 2 deliverables must also include detailed information about the building and proposed works to ensure compliance with all applicable regulations.
Work which do not fall into category A are classed as category B work. For this work category, some of the documents required for category A works (such as competence declarations, fire and emergency file, a construction control plan, a change control plan, a mandatory occurrence reporting plan and a Building Regulations compliance statement) can be omitted. However, these can still be requested by the BSR before determining the application.
The statutory period for HRB work applications to be determined is 8 weeks, but not less than 15 working days, emphasising the importance of early preparation and ensuring compliance with these new safety regulations.
Comments