Implementing the new building control regime for higher-risk buildings consultation – member briefing

The Department for Levelling Up, Housing and Communities is currently consulting on proposals to introduce a new, more stringent regulatory regime for higher-risk buildings, defined for the purpose of the in-occupation phase as a residential building that is 18m or more in height, or has at least seven storeys.

This briefing covers the consultation on policy proposals for the construction phase for buildings in scope of the new regime.

We have published a separate briefing covering the consultation on the in-occupation regime for occupied higher-risk buildings.

The consultation is split into 12 parts, with each part covering a different aspect of implementing the new regime for buildings in the construction phase. These include:

• Competence requirements for all building work and additional requirements for works on higher-risk buildings.
• A series of robust ‘hard stops’ or gateway points to strengthen regulatory oversight before a building is occupied.
• The approach to regulator notices where a project includes non higher-risk and higher-risk building work – i.e. notifying a local authority that the Building Safety Regulator will oversee all work.
• Additional requirements for building work in existing higher-risk buildings.
• Stronger change control during the construction phase for higher-risk buildings.
• The process of certifying building work that has been carried out without regulatory approval (regularisation).
• Establishing a golden thread of information – i.e. a better information management system.
• A mandatory occurrence reporting system.
• More rigorous enforcement powers and the approach taken to review and appeal building control decisions.
• Wider changes to align the existing system with the new system.
• Transitional arrangements.

The NHF will be submitting a sector response to the consultation. To help shape our response we are seeking views from members in response to the questions and proposals outlined in our briefing.

We are asking housing associations to get in touch and share their views by no later than Wednesday 28 September.