Non-determination applications for higher-risk buildings procedures: applying to the Secretary of State
Changes to Section 30(A) of the Building Act 1984.
Applies to England
Introduction
The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 include provisions through which specified applications may be determined by the Secretary of State. This is in instances where a decision has not been issued by the Building Safety Regulator within the required timeframe and where an extension has not been agreed. These applications, known as non-determinations applications, are made to the Secretary of State under section 30A of the Building Act 1984.
Summary
Applicants wishing to apply to the Secretary of State for a non-determination application must email the Department for Levelling Up, Housing and Communities via HRB.non-determinations@levellingup.gov.uk for full instructions on how to submit their application.
The new building control regime, introduced through the Building Safety Act 2022, makes the Building Safety Regulator (the Regulator) the building control body for all building work carried out on or to create higher-risk buildings and requires regulatory approval before building work can begin.
To help ensure there are no undue delays to building work, statutory timescales have been introduced for the Regulator to issue a decision. Where the Regulator has not issued a decision within the statutory timescale, and no extension has been agreed with the applicant, a non-determination application can be made for the following prescribed applications:
- a building control approval application for Higher-Risk Building work
- a building control approval application for a stage of Higher-Risk Building work
- a building control approval application for work to an existing Higher-Risk Building
- a change control application
- a completion certificate application
- a partial completion certificate application
The applicant must inform the Regulator of their intention to make a non-determination application to the Secretary of State. This notification must be given to the Regulator at least 2 working days before submitting the application.
Please note, this email address is for non-determination application only, responses will not be provided to other inquiries.