This guide is written for clients, designers, contractors and project managers who are dealing with the Building Safety Regulator for the first time. If you have never worked on a higher-risk building before, this explains what the process is and what you are expected to do, in plain terms.
What is a Higher-Risk Building?
A building is classed as higher-risk if it is 7 storeys or more, or at least 18 metres high and contains at least 2 residential units or is a hospital / care home. If your project meets these criteria, it is regulated differently from standard buildings.
A building is classed as higher-risk if it is 7 storeys or more, or at least 18 metres high and contains at least 2 residential units or is a hospital / care home. If your project meets these criteria, it is regulated differently from standard buildings.
Who Regulates Higher-Risk Buildings?
For higher-risk buildings, the Building Safety Regulator (BSR) is the building control authority.
This means:
For higher-risk buildings, the Building Safety Regulator (BSR) is the building control authority.
This means:
- You do not use the local council for building control
- You do not use a private approved inspector
- BSR oversees approval, construction and completion
BSR is part of the Health and Safety Executive.
Why Building Control Approval Is Needed
On higher-risk buildings, work cannot start unless BSR has approved what you plan to build.
BSR checks three basic things:
On higher-risk buildings, work cannot start unless BSR has approved what you plan to build.
BSR checks three basic things:
- That the design complies with building regulations
- That the project is properly managed
- That the people doing the work are competent
Starting work without approval is a criminal offence.
Who Is Responsible for the Application?
The client is legally responsible.
The client can appoint:
The client is legally responsible.
The client can appoint:
- A consultant
- A designer
- A contractor
to submit and manage the application.
However, the legal responsibility stays with the client, even if someone else submits it.
When You Must Apply for Approval
You must apply to BSR before starting:
You must apply to BSR before starting:
- A new higher-risk building
- Major work to an existing higher-risk building
- Any work that affects structure, fire safety, layout or escape routes
You cannot apply after work has started.
- Drawings and design information
- Fire and structural strategies
- Details of how the project will be managed
- Information about the competence of the team
The purpose is to show, clearly and simply, how the building will comply.
What Happens After You Apply
First, BSR checks if the application is complete.
If information is missing:
First, BSR checks if the application is complete.
If information is missing:
- They will ask for it, or
- They may reject the application
If complete, the application is validated. Validated does not mean approved.
How Long BSR Takes to Decide
BSR can take up to:
BSR can take up to:
- 12 weeks for new higher-risk buildings
- 8 weeks for work to existing higher-risk buildings
You must not start work during this time.
The Three Possible Decisions
BSR will issue one of three decisions.
Approved
You can start work.
Approved with requirements
You can start some work, but certain parts are blocked until BSR is satisfied with extra information or changes.
Rejected
You cannot start work. The design or management approach must be corrected and resubmitted.
BSR will issue one of three decisions.
Approved
You can start work.
Approved with requirements
You can start some work, but certain parts are blocked until BSR is satisfied with extra information or changes.
Rejected
You cannot start work. The design or management approach must be corrected and resubmitted.
After Approval: Changes Are Controlled
Once approved, the submitted documents become the agreed documents. You must build in line with them.
Any change is a controlled change:
Once approved, the submitted documents become the agreed documents. You must build in line with them.
Any change is a controlled change:
- Minor changes must be recorded
- Major changes require BSR approval
- Some changes require work to stop until approved
You cannot change the project freely after approval.
Emergency Repairs
If there is an immediate safety risk, emergency repairs can be carried out without prior approval.
However:
If there is an immediate safety risk, emergency repairs can be carried out without prior approval.
However:
- BSR must be notified by the next working day
- The urgency must be justified
- Regular approval must follow
Emergency repairs are not a substitute for proper planning.
Completion and Occupation
When work is finished:
When work is finished:
- You must apply for a completion certificate
- Without it, the building cannot be legally occupied
Higher-risk residential buildings must also be registered with BSR before people move in.
What This Means in Practice
The key change for higher-risk buildings is simple, you must explain everything clearly before you build.
You cannot:
The key change for higher-risk buildings is simple, you must explain everything clearly before you build.
You cannot:
- Build first and justify later
- Rely on informal approvals
- Make major changes without permission
The system is designed to prevent risk, not react to it.
In summary: Building control approval for higher-risk buildings is about planning properly, proving compliance early, and building exactly what was approved. For London projects, understanding this process from the start avoids delays, rework and enforcement action later.
In summary: Building control approval for higher-risk buildings is about planning properly, proving compliance early, and building exactly what was approved. For London projects, understanding this process from the start avoids delays, rework and enforcement action later.
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Expert Verification & Authorship: Mihai Chelmus
Founder, London Construction Magazine | Construction Testing & Investigation Specialist |
