Health Safety Executive
Transitional arrangements determine which higher-risk building work can continue under the old rules, and which work must transfer to the Building Safety Regulator (BSR).
This guide sets out the information and documents you need to submit for any work for which BSR becomes the building control authority.
Explanations of what these documents should contain are in Managing building control approval applications for higher-risk buildings.
BSR may also ask for additional information where necessary to oversee building work. Any charges which may apply are detailed in BSRs charging scheme on the Health and Safety Executive website.
You must provide BSR with evidence of compliance with the building regulations for work you oversee.
When transitional arrangements apply
For higher-risk building work to continue under the old rules, 3 conditions must be met:
- an initial notice must have been given to a local authority, and not rejected, or full plans must have been deposited with a local authority and not rejected
- the local authority has been notified that higher-risk building work is sufficiently progressed by 6 April 2024
- the approved inspector which gave the initial notice has become a registered building control approver before 6 April 2024
If these conditions are met, the work is not subject to the higher-risk regime for that individual higher-risk building. The work will continue under a local authority or private sector building control.
What counts as a higher-risk building
During building work a higher-risk building has at least 7 storeys or is at least 18 metres in height and either:
- is a hospital or care home
- has at least 2 residential units
Sufficiently progressed
Work on an existing higher-risk building is sufficiently progressed when it has started on any permanent change as described in the application or initial notice. This is different to what is sufficiently progressed in transitional arrangements if constructing a new higher-risk building.
Full plans rejected before 1 October 2023
Contact BSR to find out what to do if your plans were rejected before 1 October 2023.
Full plans on work to an existing higher-risk building are rejected from 1 October 2023
Use this section to understand what to do when full plans were deposited with the local authority before 1 October 2023 but were rejected on or after that date.
What to do after the plans are rejected
After rejection, BSR becomes the building control authority. You must not do any further work until you have received building control application approval from BSR.
Work carried out before the rejection date
If any building work was carried out before the rejection date then you must comply with any notice from BSR. This notice allows them to judge if the work complies with building regulations. BSR may require you to cut into, lay open or pull down any work to make their judgement.
You must provide BSR with:
- any documents required to accompany the application for building control approval
- plans showing that the work already carried out complies with the building regulations
The person intending to carry out the work has 10 working days from the rejection of full plans to notify BSR setting out:
- the name, address, telephone number and, if available, the email address of the person intending to carry out the work
- details of the work to be carried out
- details of the intended use of the higher-risk building and use of each storey
- details of any existing building on site, including the height of the existing building, the number of storeys in it and the use of each storey
- the proposed number of residential or commercial units if it is higher-risk building work, or if it is work to an existing higher-risk that changes the existing number of residential or commercial units
- the location of the building
- the height of the higher-risk building and the number of storeys
- any work carried out
- summary of the inspections undertaken by the local authority in relation to any work that has been carried out
In addition to completing the notice you must provide BSR with the following documents for Category A work:
- details of work to be carried out
- plan 1:1250 of the size and position of building and relationship to adjoining boundaries, boundaries of the curtilage of building and the size, position and use of every other building or proposed building within the curtilage, and width and position of any streets within the curtilage of the building
- other plans showing how the higher-risk building complies with building regulations
- for an application made by someone on behalf of client, a statement signed by client confirming they agree to the application and the information within is correct
- competence declaration
- construction control plan
- change control plan
- mandatory occurrence reporting plan
- building regulations compliance statement
- fire and emergency file
- partial completion strategy if proposing occupation of part of building before completion
In addition to completing the notice, you must provide BSR with the following documents for Category B work:
- details of work to be carried out
- plan 1:1250 of the size and position of building and relationship to adjoining boundaries, boundaries of the curtilage of building and the size, position and use of every other building or proposed building within the curtilage, and width and position of any streets within the curtilage of the building
- other plans showing how the higher-risk building complies with building regulations
- for an application made by someone on behalf of client, a statement signed by the client confirming they agree to the application and the information within is correct
- fire safety compliance statement - if your work affects the fire safety requirements of part B of Schedule 1 of Building Regulations 2010, such as warning and escape, and spread of fire
BSR may ask you for other documents which you must provide. You can also provide additional documents on a voluntary basis, supporting the work which is transferring. Upon completion of building work, you must show it complies with all functional requirements of the building regulations.
An initial notice is cancelled between 1 October 2023 and 6 April 2024and work is not sufficiently progressed on work to an existing higher-risk building
This section applies when one of the following applies:
- the initial notice is no longer valid
- the local authority did not get a notice that the work was sufficiently progressed before the cancellation date
What to do after the initial notice is cancelled
After cancellation, BSR becomes the building control authority.
You must not do any further building work described in the initial notice until you get a notice of a valid application. BSR will send this notice to the person intending to carry out building work.
Building work can continue while BSR considers a valid application. If BSR rejects the application, work must stop until building control approval is granted.
Work carried out before the cancellation date
If any building work was carried out before the cancellation date then you must comply with any notice from BSR. This notice allowsBSR to judge if the work complies with building regulations. BSR may require you to cut into, lay open or pull down any work to make itsjudgement.
You must provide BSR with:
- any documents required to accompany the application for building control approval
- plans showing that the work already carried out complies with the building regulations
The person intending to carry out the work has 10 working days from the cancellation date to give a notice to BSR setting out:
- the name, address, telephone number and, if available, the email address of the person intending to carry out the work
- details of the work to be carried out
- the location of the building
- the height of the higher-risk building and the number of storeys
- any work carried out before the cancellation date, including details of the work in relation to which a final certificate was given and not rejected
- details of any inspections und