Building Control news and updates

New guidance from MHCLG

The Ministry of Housing, Communities and Local Government (MHCLG) has published guidance about how local authorities, registered building control approvers (RBCAs), and persons carrying out building work in England may act regarding the cancellation of initial notices in different circumstances, where building work might revert to a local authority or where another RBCA may be appointed by the person carrying out the work after the initial notice of the original RBCA has been cancelled.  Cancellation notices, transfers and reversions.

New Approved Document Part T – Toilets

On the 1 October 2024 a new Approved Document has come into force, Approved Document Part T; Toilet accommodation provisions.  This Approved Document provides technical guidance on the design and layout of universal toilets, ambulant toilets and toilet cubicles requirements in Part T to the Building Regulations. Approved Document T applies to new buildings other than dwellings and buildings undergoing a material change of use.

Building Safety Regulator Information

The Building Safety Regulator has produced a FAQ guide on how the Building Control Authority works for Higher Risk Buildings. All building work to these buildings must be submitted to the Building Safety Regulator. 

The Building Safety Act 2022 established the new regulator BSR to oversee all aspects of building safety in England. From October 2023 BSR became the Building Control Authority for all higher-risk buildings (HRBs) in England.

This means developers can no longer choose their building control body for HRBs. These are new residential buildings over 18 metres or 7 storeys, and hospitals and care homes meeting the same height threshold or alterations to HRBs. 

The Home Office new Fire Safety guides

The Home Office has produced a guide for responsible persons and others to whom the Regulatory Reform (Fire Safety) Order 2005 (as amended) (“the FSO”) applies on enforcement and sanctions for non-compliance. The guide explains how the FSO is enforced and advises of the sanctions that are available to Enforcing Authorities if the responsible person fails to comply with this legislation.

The Home Office has also produced guidance to assist responsible persons to understand their duties under fire safety laws in England.

New Building Regulations Charges

The Building (Local Authority Charges) Regulations 2010

This is a notice to inform you that Dorset Council have revised the charges for Building Regulation Applications following recent changes in legislation.

The new charges will come into effect from the 6 December 2023.  The hourly rate charge for Building Control will be £80 plus VAT.

We work out bespoke Building Regulation application fees for all individual building projects based on the time spent on the application, depending on the type of building work, the number of surveyor visits required, the information provided with the application and the amount of administrative time.

All applications will receive a Fee Quote, you can make payments over the phone.  Please contact the team to discuss your Building Regulation application.

Currently we are developing a link to our brand-new electronic payment system.

Changes To Building Regulations 1 Oct 2023

The Building Regulations changed on the 1 October 2023, along with the implementation of sections of the Building Safety Act 2022. Any building work where Building Regulations are required will be subject to the new Duty Holder Regime.

The new regime imposes new requirements on applicants, agents, and builders. 

• the applicant is now referred to as the ‘Client, this includes Domestic Clients
• an agent is now referred to as the ‘Principal Designer’
• a builder is now referred to as the ‘Principal Contractor’

It is the Client’s responsibility to appoint a Principal Contractor and Principal Designer. The aim is to ensure that at each stage in a building project, duty holders are identified, and the roles, responsibilities and expectations are clear. This will ensure clients can consider and demonstrate how the building work will meet the requirements of the Building Regulations. 
For further information about the roles and responsibilities.

The overall responsibility to show compliance with the Building Regulations lies with the Client, the Principal Designer, and the Principal Contractor. This applies to all types of Building Regulation applications.  This has always been the case, but it is now set down in legislation. Building Control is to act as the Regulator and Building Control Inspectors are not able to advise on any elements of the design or construction methods of the development. 

Changes to submitting an application

Application forms are being updated and additional questions will be asked:

• where the person completing the application form is not the Client (for example, when submitted by the Principal Designer), the name, address, telephone number and if available a contact email address for the Client is required.
• where known at the date of the application, the name, address, telephone number, and if available a contact email address for the Principal Contractor (or sole contractor) and the Principal Designer (or sole or lead designer) must be provided.
• confirmation is required as to whether the building is subject to the Regulatory Reform (Fire Safety) Order 2005 (RRO) or it will apply after completion of the building work. (Note: The RRO applies to all buildings other than private dwellings).
• Where the project consists of works to an existing building, a full description of the existing building is required which now includes:
  • details of the current and proposed use of the building and or individual storeys of the building.
  • the height of the building before and after building work has taken place. The height is measured from the lowest external ground level to height of the highest floor level and aligns with the definition given in Approved Document B.
  • the number of storeys in the building, both before and after building work has taken place. (As determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023)
  • a date when it is proposed the works will reach the point when it is to be regarded as commenced, in accordance with regulation 46A (lapse of building control approval: commencement of work). See below for more information.
  • where the application is made by someone on behalf of the Client, a statement, signed by the Client confirming they agree to the application being made and that the information contained in the application is correct.

Starting work and Statement of Commencement

Building Control must be notified when you start work on site in order for us to carry out the necessary inspections. (Start of work stage)

There is now an additional stage where Building Control Must be notified. This is the deemed commenced stage. A template for this Statement will be provided once your application is registered.

Works are deemed commenced when

For complex buildings

Foundations are constructed, and the structure of the lowest floor level is complete. 

For new buildings and horizontal extensions

Sub surface structure of the building or the extension including all foundations and the structure of the ground floor level is completed. 

For all other works

Constructed 15% of the overall work.

Notice of completion

A notice of completion must be submitted to us within 5 days of the work being completed. 
A template for this Statement will be provided once your application is registered.

The notice of completion will require the following information: 

• the name, address, telephone number and email address of the Client, Principal Contractor, and Principal Designer
• a signed statement will be required from the Client to say that the works have been completed and complies with all the applicable regulations to the best of their knowledge
• a statement will also be required from both the Principal Contractor and Principal Designer to confirm they have fulfilled their duties under Part 2A (duty holders and competence). The duties for this can be found here, The Building Regulations etc. (Amendment) (England) Regulations 2023 (legislation.gov.uk)

For buildings subject to the Fire Safety Order, the client must submit the same notice, but within 5 days of occupation, and it must also state the following:

• the date when the building (or any part of it) is occupied; and
• a signed statement confirming that to the best of their knowledge, Regulation 38 and Part B of Schedule 1 are currently complied with for the parts of the building are to be occupied

Important reminder

New Building Regulations and Approved Documents and the Transitional arrangements reminder - LABC.

The Building Performance Gap 

The building performance gap, information that is required proving your new dwelling is built to the right level of thermal performance. The following information provided by LABC details information and photographic evidence need to address this.

Amendments to approved document J

On Friday the United Kingdom (UK) Government issued important documents affecting the building regulations in England. Amendments to Approved Document J were announced.

These come into effect on 1 October 2022 and make key changes to Approved Document J: Combustion appliances and fuel storage systems:

• The guidance on smoke control areas and the interaction with the Clean Air Act 1993 has been updated to reflect the interaction with the Environment Act 2021
• The guidance on installing carbon monoxide (CO) detectors to satisfy requirement J3 has been extended into sections 3 and 4. This is to cover both gas and oil burning appliance installations
• The previous guidance on CO detectors contained in section 2 for solid fuel appliances has also been amended

For more information on the amendments visit GOV.UK.

The Building Safety Act

On 25 July, the Department of Levelling Up and Communities (DLUHC) published guidance relating to the Building Safety Act, which was granted Royal Assent on 28 April. 
The Act gives residents and homeowners more rights, powers and protections. It delivers protections for qualifying leaseholders from the costs associated with remediating historical building safety defects, and a toolkit of measures that will allow those responsible for building safety defects to be held to account. 

The Act creates three new bodies to provide effective oversight of the new regime:

• the Building Safety Regulator
• the National Regulator of Construction Products
• the New Homes Ombudsman 

Many of the detailed provisions in the Act will be implemented over the next two years through a programme of secondary legislation.
For more information about the Act, visit Gov.UK.

New Dwellings Guidance Booklet

View the Dorset Council Building Control New Dwellings Guidance Booklet for the new Building Regulations that came into effect in June 2022. If you require this booklet in an accessible format, please contact us.
Key insights into Approved Documents:
F = Ventilation,
L = Energy efficiency,
O = Overheating,
S = Electrical vehicle charging points

Fire safety guidance strengthened for new high-rise homes 

New improvements to fire safety guidance form part of a wider update to tighten building regulations and provide clearer fire safety rules for the design or construction of residential developments. For further information about the improvements visit GOV.UK.

The new Building Safety Act receives Royal Assent and is welcomed by LABC

The bill will improve building standards, ensure the safety of residents, and protect leaseholders from the costs of any remedial work. The new Act sees the creation of a new construction products regulator with the power to remove products from the market and a new building safety regulator. Visit the LABC website to read the full full news article.

5 minutes with Adele Higgs MCABE

Read our recent feature with Local Authority Building Control (LABC) and the Chartered Association of Building Engineers (CABE). Our feature focused on a Career in the Building Control profession.

New homes to produce less carbon

New homes and buildings in England will have to produce significantly less CO2 under new rules announced by the government to help the country move towards net zero. 

Charging electric vehicles

There are new requirements for the installation of infrastructure for charging electric vehicles.

Building Safety Bill

Visit Gov.uk to see information about the Building Safety Bill, introduced in the House of Commons on 5 July 2021.

New Building Regulations Fees

The Building Act 1984, The Building (Local Authority Charges) Regulations 2010

This is a notice to inform you that Dorset Council has revised the charges for Building Regulation Applications. The new charges will come into affect from the 6 April 2021.

The hourly rate for Building Control will increase from £68 to £70 plus VAT.

We work out bespoke fees for individual projects depending on the type of building work, the number of surveyor visits and the amount of administrative time.

See further information about our Building Control Service.

LABC - new website for homeowners

LABC have launched a new website, Front Door, for homeowners. offering advice on home improvements, building regulations, planning permission, working with builders and much more. More details can be found at https://labcfrontdoor.co.uk.

The Health and Safety Executive (HSE) announces new Chief Inspector

HSE have announced the appointment of a new Chief Inspector of Buildings.

A new Manual to the Building Regulations

The UK Government has issued a new 'Manual to the Building Regulations', a short guide that gives an outline on how the building regulations system in England works.

The manual is aimed at a range of audiences: from homeowners planning home improvements to sole tradespeople, builders, architects and building control professionals.

The first half of the guide, Volume 1, gives an outline of how the system currently works and Volume 2 provides additional guidance and is geared towards people working in construction.

Landmark building safety law

The government is set to publish its landmark Bill, this will make residents safer in their homes. See the Gov.uk news release for further information.

Changing Places toilets for severely disabled people to be compulsory in new public buildings

See the changes to building rules in England. This will help add larger accessible toilets to more than 150 buildings a year.

Changes to planning permitted development regulations

The government has announced changes to planning permitted development regulations from 1 August. It is important to note that these changes are with reference to Permitted Development rules under the planning process. Building Regulation applications, site inspection requests and Demolitions notices under the Building Act should still be submitted to the Building Control team in the normal way. Please contact the area offices team to discuss your Building Regulation application.

Amendments to Approved Document B (Fire Safety) 

The Government have published Amendments to Approved Document B of the Building Regulations (Fire Safety). See this LABC news article for further information. 

Fire safety

Following the major incident in London at Grenfell Tower, Dorset Building Control would like to reassure residents that we are working closely with Dorset and Wiltshire Fire and Rescue Service to ensure the safety of flats in Dorset.

We suggest residents look at the advice given on Dorset and Wiltshire Fire and Rescue Service website. Please contact the Fire Service or your Building Control for any further information.

Septic tanks

If you have a septic tank that discharges directly to a surface water outfall, you will need to replace or upgrade your treatment system by 1 January 2020, or when you sell your property if before this date.

If the Environment Agency finds evidence that your septic tank is discharging to a surface water outfall which is causing pollution, you will need to replace or upgrade your system earlier than 1 January 2020. You will usually have to do this within 1 year, although this will be agreed on a case-by-case basis.

Find out more about septic tanks and small sewage treatment plants

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