Open consultation

Improving proportionality and building safety outcomes in building control: categorisation of higher-risk building work

Published 26 March 2026

Applies to England

Summary

This consultation seeks views on proposals to improve the proportionality of the building control process for Category A and Category B building work to existing buildings under the higher-risk building (HRB) control regime (‘the regime’). The consultation also seeks views on how guidance could be improved and the role of Competent Persons Schemes in Category B works.

We are committed to ensuring that the higher-risk regime is applied in a proportionate way. By this we mean a regime that strikes the right balance between ensuring robust oversight of safety critical works, enabling building works to proceed efficiently and without undue delays and avoiding excessive documentation burdens on applicants. A proportionate approach is not a compromise on safety.

Residents in HRBs who want to make internal (and often minor) changes to their properties have been caught by a regime intended to address systemic industry failure. At this time, it is important that work within HRBs remains with the BSR as the sole authority providing building clearance. To move minor works out of the scope of the BSR entirely at this stage would reduce clarity for business and homeowners alike, and risks applications for work needing to be split across the BSR and local authorities. These proposals aim to ensure that regulatory processes remain proportionate, effective, and focused on maintaining building safety.

Specifically, the consultation considers proposals to change the legal definition of Category A work, exempting work inside an individual flat (‘residential unit’) ^{[footnote 1]} and small-scale works in communal areas of all HRBs. For these types of building work the amount of documentation to accompany the application when it is submitted would be reduced.

These proposals are not a compromise on safety; they would not make any changes to the functional requirements and safety standards that building work must meet, or to Building Safety Regulator (BSR) approval for starting work. Instead, they are intended to ensure that the documentation requirements placed on applicants are proportionate and fit for purpose, and to ensure the BSR can focus on the largest, most complex cases.

Under these proposed changes, dutyholders (defined as individuals or organisations that are assigned specific responsibilities at particular phases of the design and building work life cycle) would continue to be required to ensure that building work complies with Building Regulations. The consultation invites evidence and views on these proposals.

This consultation seeks views on the proposed changes, and whether respondents support one or both of these proposals. The 2 options are not mutually exclusive. Whilst we currently propose implementing both Options 1 and 2, any final decisions will be subject to the findings of this consultation.

In addition to the main proposals of this consultation, we are seeking views on potential longer-term reforms that could be introduced as part of wider reform of the higher-risk regime. There may be a case in the future to move small-scale work out of the scope of the higher risk regime to other building control bodies. This consultation includes questions seeking early views on this and responses will inform ongoing work on options for wider reforms.  Primary legislation would be required to implement any such changes, and this would require careful policy consideration and evidence that the building work in question would continue to be carried out safely, to standards, and with an appropriate level of oversight.  We are only seeking early views at this stage.

These proposals form part of a wider package of reforms that the Ministry of Housing, Communities and Local Government (MHCLG) and the Building Safety Regulator (BSR) are considering to improve safety and efficiency, including moving the BSR to become a new arms-length body under MHCLG in January 2026, and the recent consultation that proposes changes to procedural requirements for telecommunications related building work, which launched on 27 January 2026.

Scope of the consultation

This consultation seeks views on 2 proposals for reform of the HRB building control approval regime at Gateway 2. This consultation also seeks views on guidance, the role of Competent Person Schemes in Category B works, and future reform of the HRB regime.

Emergency repairs, requirements under The Building Regulations 2010, and duties on Accountable Persons to assess and manage building safety risks in occupied higher-risk buildings under Part 4 of the Building Safety Act 2022 are out of scope.

Geographical scope

This consultation is limited to England.

Body responsible for the consultation

The Ministry of Housing, Communities and Local Government (MHCLG).

Duration

The consultation will run for 9 weeks from 26 March 2026 to 28 May 2026. 

How to respond

This consultation is open to everyone. We wish to hear from a wide range of interested parties from across the public and private sectors, as well as from members of the public. The BSR will be invited to respond formally as required under s120B(3) of the Building Act 1984.

You can respond to this consultation using the online survey.

We strongly encourage responses via the online platform, particularly from organisations with access to online facilities such as local authorities, representative bodies and businesses. Using the online survey will assist our analysis of the responses, enabling more efficient and effective consideration of the issues raised.

If you cannot respond via the online platform, you may send your response by email to: buildingregulationsconsultation@communities.gov.uk using the subject line ‘Category A and B consultation’.

If you are responding in writing, make it clear which question or paragraph number each comment relates to.

Please ensure that your response does not include any material that you are not content for us to publish. For further information see the ‘Data Protection’ section.

Enquiries

For any enquiries about engagement on the consultation please contact: buildingregulationsconsultation@communities.gov.uk using the subject line ‘Category A and B consultation enquiry’.

Introduction

Background

As part of the landmark Building Safety reforms that followed the Grenfell Tower fire, the government introduced the higher-risk building control regime in England from October 2023 to significantly improve the regulatory oversight of higher-risk buildings (HRBs). The Building Safety Regulator (the BSR) was established to provide building control oversight for higher-risk building work in England. It is also responsible for overseeing compliance with building regulations for HRBs.  HRBs are buildings that are at least 18 metres high or at least 7 storeys tall, containing at least 2 residential units, or used as a hospital or care home.

For both HRBs and non-higher-risk buildings, ‘building work’ is defined in regulation 3 of The Building Regulations 2010. The Building Safety Act 2022 and subsequent regulations, including the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (‘the 2023 Regulations’), set out the documentation applicants must provide to demonstrate that HRB work, or work to an existing HRB complies with the functional and dutyholder requirements of the Building Regulations 2010.

Crucially, all building work to existing HRBs must receive approval from the BSR (following submission of a building control approval application at Gateway 2) before the work can start unless the work is:

• ‘exempt’ under regulation 57 and Schedule 2 of the 2023 Regulations
• carried out under a Competent Person Scheme
• an ‘emergency repair’ under regulation 10 of the 2023 Regulations

Category A and B work

Robust Gateway processes are essential to making sure there is appropriate building control oversight of HRBs to consider building work holistically, taking account of initial construction and any other works that have been undertaken. Building work to an existing HRB varies significantly in scale and complexity and can be commissioned by different parties for different purposes meaning a one-size-fits-all approach is not suitable.

This is why the HRB regime sets different requirements at the application stage for different types of building work, to reflect the scale and nature of the building work in question. Building work in HRBs is split between Category A and Category B.

Category A work involves at least one of the following:

• changing the external height or width of the building
• changing the number of storeys (including adding or removing an mezzanine or gallery floor)
• changing the internal layout
• changing the number of residential units
• work to the external wall (excluding work or materials of specified descriptions)
• work that involves passive fire safety measures (such as fire-resistant materials)
• work that involves active fire safety measures (such as sprinklers and alarms)
• work that affects the number or width of staircases or other escape routs
• work on the building’s common areas, including any work on the external wall which is otherwise not Category A applicable

Broadly, Category A works are more likely to result in greater risks to safety and standards than the types of work under Category B. Category B is defined as any works not in Category A.

Both categories of building work require the functional requirements of the Building Regulations to be met, and both are overseen by the BSR. For both categories of building work, the application at Gateway 2 must include details of key duty holders, descriptions of and relevant plans for proposed works and information on how work complies with functional requirements of building regulations.

For Category A work, the enforcing authority under the Regulatory Reform (Fire Safety) Order 2005 (i.e. generally the relevant fire and rescue service) must be consulted by the BSR before determining the application. For Category B work the enforcing authority only needs to be consulted if  Part B (which covers fire safety) of Schedule 1 to the Building Regulations 2010  imposes a requirement in relation to  the work.

Category A work requires additional documentation to be submitted (the same suite of documentation as required for new buildings):

• a competence declaration
• a construction control plan
• a change control plan
• a mandatory occurrence reporting plan
• a Building Regulations compliance statement
• a fire and emergency file
• a partial completion strategy (if the building is intended to be occupied in stages)

The BSR can require the applicant to provide additional documents (i.e. any of the Category A documents) for Category B applications, and where it does, work cannot proceed unless the requested documentation is provided and the application is approved by the BSR. Therefore, building work being Category B  work  does not mean a reduction to the safety or standards the work is required to meet in comparison to building work that is Category A work, but allows for a more flexible approach to determining what documentation is necessary for different types of work.

Implementation

This government is committed to ensuring that we have a regulatory system that is not only robust, but also clear, consistent, and easy to navigate. Regulatory certainty and efficiency are essential to unlocking the investment needed to build and maintain the homes this country urgently needs.

As of February 2026, the BSR has received 1,944 non-cladding remediation Category A  work applications. This represents roughly 46% of the total applications for non-cladding remediation. This is roughly 5 times the number than the BSR expected to fall into Category A which was intended to represent more complex, major work.

The 2023 Regulations have unintentionally resulted in some relatively small-scale or minor works falling into Category A. This is particularly the case for some common types of works that are carried out inside of a single fire compartment or flat, which are generally small-scale and low complexity but are being classified as Category A, for reasons such as having any impact on the active or passive fire safety measures of a building or work affecting the internal layout of an HRB.

Example

If a flat owner is replacing a single fire door within their property, they will need to submit a Category A application. This is because the work will affect the passive fire safety measures of the HRB as a fire door is responsible for resisting the spread of fire and smoke inside a building and vital to fire compartmentation.

Replacing a single fire door within a flat (i.e. a single compartment) is unlikely to pose a significant risk and therefore is unlikely to require the full suite of Category A documentation to enable the BSR to reach a determination.

However, replacing a large proportion of fire doors in a building may warrant a Category A approach as  when taken together those fire doors may pose a systemic risk.

Categorising these types of small-scale and lower complexity building works as Category A places a disproportionate burden on both the applicant and the BSR, resulting in slower decision-making. This is particularly evident when applications are put forward by smaller organisations or individuals with limited experience of the regime. This disproportionate approach impacts on the delivery of new homes and work to make existing homes safe, which runs counter to the intention of the HRB regime and the Category A and B approach.

We are committed to ensuring that the higher-risk regime is applied in a proportionate way. By this we mean a regime that which strikes the right balance between ensuring robust oversight of safety critical works, enabling building works to proceed efficiently and without undue delays, and avoiding excessive documentation burdens on applicants. A proportionate approach is not a compromise on safety.

This consultation seeks to make sure that building control processes are reasonable and proportionate for building work to existing higher-risk buildings while continuing to uphold essential safety standards.

Pre-consultation engagement

In considering the proportionality of the building control system, we have engaged with the Statutory Residents Panel, industry representatives, building safety experts including the Building Advisory Committee, and the BSR, with whom we have worked collaboratively on these proposals.

We have also engaged with building and fire experts to better understand the current regulatory system and the likely impact of the proposed changes in this consultation.

Discussion with experts has indicated support to make the regulatory system more reasonable and proportionate for works covered by these proposals. However, we still welcome further views from these stakeholders as part of the formal response to this consultation.

Policy proposals

Changes to the categorisation of building work to existing HRBs

We are proposing to change how some building work is categorised to ensure the documentary requirements are reasonable and proportionate to the scale and complexity of the work. By doing so, we aim to make sure:

• the requirements placed on applicants are proportionate to the scale and complexity of work
• the BSR can focus resources on the types of work that require the most oversight, such as external remediation projects and new builds

While there is a clear rationale to improve the proportionality of the current system, this cannot compromise safety and performance standards of the building in question. This is why the proposals in this consultation only consider changes to the categorisation of work as Category A and B in a way that is appropriate to the scale and complexity posed by different types of work. The BSR will still be able to request additional documentation from the applicant where they consider they need to do so.

The proposals below aim to ensure that the requirements for building work applications are reflective of the nature of the work, without removing regulatory oversight of the work or compromising on the standards that work has to meet. The 2 options are not mutually exclusive. We propose implementing both Options 1 and 2, however any final decisions will be subject to the findings of this consultation.

For the proposals set out in this section, building work must still comply with the functional requirements and dutyholder requirements of the Building Regulations 2010 which are there to ensure the safety and performance of the completed work. The ongoing duties on Accountable Persons (AP) to assess and manage building safety risks in occupied higher-risk buildings under Part 4 of the Building Safety Act 2022, will also continue to apply. This consultation does not propose changes in these areas.

Option 1: Exclude building work within individual flats from Category A

We are seeking views on a proposal that the legal definition of Category A work be amended to exclude building  work within individual flats (residential units) from Category A.  This would mean that most building work contained within an individual flat in the case of residential HRBs (or mixed use HRBs with residential units) be excluded from Category A.

Many common types of works that are carried out inside a flat are generally small in scale, but are being classified as Category A, for reasons such as affecting   the active or passive fire safety or changing the internal layout of the HRB.

This option is restricted to residential HRBs or mixed use HRBs with flats (‘residential units’) only. This is because the definition of a fire compartment, as applied to residential units, does not apply in the same way for other HRBs such as hospitals, where compartments are typically much larger, and communal areas are far more extensive.

Following pre-consultation engagement, we propose that building work within a flat should remain under Category A only when that building work will have implications on the safety of the wider building and residents. For example, this may include:

• work that impacts active fire safety measures(for example, fire alarms, CO detectors, sprinkler systems)
• work impacting load bearing walls within the flat
• work impacting external walls of the flat, excluding windows
• work to fire doors connecting the flat to communal areas (subject to option 2 below concerning whether such building work to fire doors in question is ‘small-scale’)

Under this option all building work to communal and external areas (such as external walls, staircases and major works such as adding storeys, or additional residential units) would continue to be Category A, subject to potential further amendments to the legal definition outlined below in Option 2.

We recognise that when  building work internal to flats is conducted at a large scale (e.g. planned upgrades work by a landlord to multiple properties) this may present a higher risk. Were all building work projects across multiple flats to remain as Category A, it’s possible that smaller-scale works (e.g. replacement of showers) with no impact on fire or structural safety would become Category A, which would not meet the objectives of this consultation. However, the BSR will be able to request additional documentation at the application stage for work internal to a property where the applicant has also submitted applications for similar work to other properties. We will work with the BSR to ensure that this approach works in practice and is robust enough to mitigate ‘gaming’ from applicants.

Examples of the types of building work internal to a flat that are currently in Category A that would be excluded from Category A under this proposal are:

Movement or removal of non-load bearing walls within a flat

Currently, applications for building work to move or remove non-load bearing walls within a flat would fall under Category A work, owing to this changing the internal layout of the building. However, movement or removal of non-load bearing walls within a single flat will not typically have implications on the safety of the wider building and residents.

Building work to windows within a flat

Work to windows would typically fall under a CPS but these schemes are not currently operating as they normally would in an HRB. Work to  a flat’s windows would usually be Category A as they would involve modifications to the external wall system. Under this proposal, any work to windows in a single flat would be Category B work.

Modifications to kitchens or bathrooms

Currently, applications for building work to modify kitchens or bathrooms within flats may fall under Category A work owing to modifications to passive fire safety measures (e.g. altering escape routes within that single unit). Provided that modifications to kitchens and bathrooms do not affect active fire safety measures (e.g. relocating or replacing smoke or heat detection alarms), under this proposal the work would be Category B.

Building work to fire doors within a flat

Because fire doors are key passive fire safety measures, all work to fire doors is currently Category A work. Under this proposal, work to fire doors within a flat would be Category B because of the limited implications on the safety of the wider building and residents.

Anticipated benefits and risks

We anticipate this change will reduce burdens on both the BSR and applicants and ensure the documentation provided is proportionate to the scale and complexity of the works. In particular, this should enable residents wanting to make internal (and often minor) changes to their properties to get a BSR decision more quickly.

Overall, the net present social value (NPSV) of Option 1 is around £2.4m to £3.1m over the 2026/27 – 2035/36 ten-year appraisal period, depending on the number of refurbishment applications coming through. It is estimated to deliver an annual net saving to businesses of between £280k to £360k per year.  A portion of this saving may be passed down to leaseholders through a reduction in service charges.

As Category B applications require less documentation, they typically take less time to prepare and to process. Applicants are anticipated to save around 7 hours in time preparing application materials, while the regulator is also estimated to save 7 hours of processing time per application. This estimate is informed by the regulator and industry consultants. As the BSR’s charges for applications include an hourly rate element, reduced BSR processing time will further benefit applicants through reduced application fees.

We recognise that this option carries a degree of risk. Applications for building work internal to flats would include less documentation (and therefore less information about the work) for the BSR to scrutinise. However, we consider that for the majority of cases of building work inside flats, the Category B requirements will be sufficient for the BSR to be assured that work is safe and compliant, and if that is not the case, the BSR can  request further documentation from the applicant before determining the application.

In addition, where Part B in Schedule 1 to the Building Regulations, imposes any requirements on the building work, relating to fire safety, the application must include additional information about fire safety compliance, and it would be necessary for the BSR to consult the enforcing authority (usually the FRS).

Consultation questions on Option 1

Question 1

To what extent do you agree or disagree that building work within a flat (residential unit) should be excluded from Category A (and classed as Category B work)?

• strongly agree
• agree
• neither agree nor disagree
• disagree
• strongly disagree
• don’t know

Question 1(a)

(Optional) Please explain your answer.

(Free text)

Question 2

To what extent do  you agree or disagree that the following work within a flat should remain in Category A:

• work that affects active fire safety measures such as fire alarms or sprinkler systems
• load bearing walls within the flat
• work to fire doors connecting the flat to communal areas (subject to option 2 in the consultation) concerning whether such building work to fire doors in question is ‘small-scale’)
• work to external walls of the flat, excluding windows

For each option, you can answer:

• strongly agree
• agree
• neither agree nor disagree
• disagree
• strongly disagree
• don’t know

Question 2(a)

(Optional) Please explain your answer.

(Free text)

Question 3

Is there any other building work to an individual flat (other than the exceptions we have proposed in Option 1) that should remain at Category A?

• yes
• no
• don’t know

Question 3(a)

If so, please explain your answer

(Free text)

Question 4

Do you have any additional comments on Option 1 as proposed (including any potential unintended consequences of this Option? (Optional)

(Free text)

Option 2: Amend Category A work to exclude small-scale building work in communal areas

Categories A and B do not currently differentiate between large-scale and small-scale works. We are seeking views on a proposal to exclude small- scale work in communal areas of HRBs from Category A. This option builds on Option 1 above (to exclude building work within individual flats from Category A) to also exclude work in communal areas which are not proportionate for Category A requirements.

This approach is not about reducing standards for smaller-scale work in communal areas of HRBs. Rather, it is about ensuring the documents that must be submitted alongside the application before work can begin are proportionate to the building work in question.

This option would apply in any HRB, including residential blocks and mixed-use buildings,  hospitals, and care homes.

Under this proposal the BSR would retain the legal right to request additional documentation for any Category B applications if they deem it necessary to accurately assess the risk, and no building work would be able to begin until the BSR is content with the documentation provided and has formally approved the application so that works can safely begin.

We propose that small-scale work is work that:

• can typically be undertaken by a team of 3 or fewer people
• can typically be completed within 5 working days  (i.e. 40 hours)
• does not impact active fire safety  measures  (for example, fire alarm, CO detectors, sprinkler systems), load-bearing walls, or external walls (excluding building work to windows)

Work would have to meet all of the above criteria to qualify as small-scale. Any work that impacts the structural integrity of the building is intended to remain as Category A work, and in all cases the BSR can request further documentation from the applicant before determining the application.

Examples of the type of work that would be excluded from Category A under this proposal are:

Electrical work to install new emergency lighting in a communal hallway

Electrical work to install new emergency lighting in a communal hallway is work that might typically be conducted by a single electrician and completed within a maximum of one working week. This would not typically affect the active fire safety measures of the building. As such, this work would qualify as small-scale work therefore making it Category B work.

Work to repair a single fire door set in a communal area

Work to repair or replace a single fire door set in a communal area might  typically be completed by a single individual within a matter of hours. This work would not typically affect the active fire safety measures of a building as fire doors are passive fire safety measures. As such, this work would qualify as small-scale work and fall under Category B work.*

Work to repair a window frame in a communal area

We recognise that outside of HRBs work to windows would usually fall under a CPS, and that this is not operative in HRBs. Work to repair or replace a single window frame in a communal area could typically be completed by a single individual within a matter of hours. This work would not typically affect the active fire safety measures of a building. As such, under Option 2 , this work would qualify as small-scale work therefore making it Category B work.

*If only option 1 was implemented, work to fire doors bordering communal areas would remain as Category A. Under this option (2), work to fire doors bordering communal areas may be Category A or B depending on the circumstances. If the work were small-scale it would be Category B.

Anticipated benefits and risks

We anticipate this proposal under Option 2 will provide a proportionate approach to small-scale works, particularly in the absence of appropriate Competent Person Schemes. In ensuring the documentation provided is proportionate to the scale of the works being undertaken this will reduce the burden on both the applicant and the BSR.

Overall, the net present social value (NPSV) of Option 2 is around £3.8m to £5.0m over the 2026/27 – 2035/36 ten-year appraisal period, depending on the number of applications coming through. It is estimated to deliver an annual net saving to businesses of between £440k to £580k per year. A portion of this saving may be passed down to leaseholders through a reduction in service charges.

As Category B applications require less information up front, they typically take less time to prepare and to process. Applicants are anticipated to save around 8 hours in time preparing application materials, while the regulator is estimated to also save 8 hours of processing time per application, this estimate is informed by the regulator and industry consultants’ understanding of a small-scale building work. As the BSR’s charges for applications include an hourly rate element, reduced BSR processing time will further benefit applicants through reduced application fees.

We recognise that building work can vary in nature across different buildings which means it is not possible to set out an exhaustive list of specific types of building work that meet the threshold for small-scale. There will not always be a direct correlation between the scale of works and the level of risk. Some work that is minor in nature and fast to complete could still have significant impacts on the safety of the building. However, we think that requiring less documentation up front for small-scale building work of this nature is a sensible starting point to achieve a more proportionate regime, and that in most cases, Category B will be appropriate for most small-scale building work.

The BSR will be able to request further information if it considers this to be appropriate.  In addition, where Part B in Schedule 1 to the Building Regulations imposes any requirements on the building work, relating to fire safety, the application must include additional information about fire safety compliance, and it would be necessary for the BSR to consult the enforcing authority (usually the FRS).

We welcome views on both the proposal and the thresholds set out above.

Consultation questions on Option 2

Question 5

To what extent do you agree or disagree that Category A work should be amended to exclude small-scale work in communal areas?

• strongly agree
• agree
• neither agree nor disagree
• disagree
• strongly disagree
• don’t know

Question 6

To what extent do you agree or disagree with the Option 2 thresholds for small-scale building work that it must be:

• typically conducted by a team of 3 or less
• typically be completed within 5 working days

• must not affect active fire safety measures (for example, fire alarm, CO detectors, sprinkler systems), load-bearing walls, or external walls (excluding building work to windows)

• strongly agree
• agree
• neither agree nor disagree
• disagree
• strongly disagree
• don’t know

Question 6(a)

(Optional) Please explain your answer.

(Free text)

Question 7

To what extent do you agree or disagree that building work should meet all listed criteria to be considered small-scale?

• strongly agree
• agree
• neither agree nor disagree
• disagree
• strongly disagree
• don’t know

Question 7(a)

(Optional) Please explain your answer.

Question 8

Do you have any additional comments on Option 2 as proposed (including any potential unintended consequences of this Option?

(Free text)

Supporting guidance

A further factor contributing to delays commencing building work in existing HRBs is the quality of applications and issues with applications that have been miscategorised. For example, applicants may provide less documentation than is required, or misunderstand requirements, resulting in applications being invalidated, or back-and-forth between the BSR and applicants on the documentation required. Conversely, applicants may submit applications for Category B work on the basis that work is Category A work and submit the wider suite of documentation.

We recognise the role that guidance can play in ensuring applicants understand what category their building work falls into and the documentation they need to submit to the BSR to accompany the building control approval application.

Consultation questions on supporting guidance

Question 9

Do you have any comments on guidance or have suggestions on how existing guidance could be improved? Are there any areas where additional guidance would be helpful?

• yes
• no
• don’t know

Question 9(a)

If so, please provide details below (free text)

Question 10

Are there particular stakeholders  that should be engaged in developing further guidance?

• yes
• no
• don’t know

Question 10(a)

If so, please provide details below (free text)

Question 11

To what extent do you agree or disagree that the existing guidance is reaching the intended audience?

• strongly agree
• agree
• neither agree nor disagree
• disagree
• strongly disagree
• don’t know

Question 11(a)

Are there steps that could be taken so that it is reaching the people who need it? (free text)

Competent persons scheme

In addition to the proposals above, we are also interested in receiving views on whether competent person schemes (CPS) could be established for some types of building work that would fall under Category B.

Currently, some building work can be carried out without applying to the BSR if it is carried out under a recognised CPS.

The objective of a CPS is to allow self-certification of building work as complying with the relevant building regulations in building work that is relatively low risk and is carried out by a registered installer.

The registered installer issues a compliance certificate to the consumer and reports the work to the CPS operator who in turn notifies the local authority that work has taken place.  The local authority then notifies the BSR. As the relevant Building Control Authority, for HRBs, the BSR is authorised to accept the certificate as evidence that requirements relating to building work, materials and workmanship have been satisfied.

The existing schemes largely cover domestic replacement of controlled fittings (e.g. a door or window) or controlled services (e.g. a boiler).

Example of how a current CPS functions

In domestic situations, competent electricians can certify that their work is compliant.  All electricians who have been authorised by a government approved Competent Person Scheme are listed on the Registered Competent Person Electrical register.  Electricians must be registered with a government approved Competent Person Scheme to legally self-certify their work under Part P (Electrical Safety).  Notifiable work includes installation of new circuits, replacing consumer units (fuse boxes), or any electrical work in special locations like kitchens or bathrooms. This work must either be done by a registered electrician who can self-certify compliance; or be inspected and signed off by a local authority building control inspector.  

Example of where a CPS may be appropriate

At present nearly all ‘hard wired’ domestic fire safety systems are installed in a domestic setting by electrical contractors. This work would need to comply with Part P (Electrical Safety) as well as the relevant British Standards. A CPS for domestic fire safety systems as a controlled fitting service may lead to a more consistent level of Building Regulation compliance for these systems. It may also improve data collection regarding domestic fire safety systems via CPS operator statistical returns.

There are long lead-in times associated with the creation of new CPS schemes, and extensive evidence would need to be gathered to ensure that any newly created schemes would have robust safeguards to ensure safety and compliance.

We are not proposing changes to how current schemes operate in HRBs. At this stage we are only seeking views on whether there are particular types of building work that should be explored in the future as a candidate for a CPS.

Consultation questions on competent persons schemes

Question 12

Do you believe there are any types of building work that should be considered for a CPS scheme in the future

• yes
• no
• don’t know

Question 12(a)

If so, please provide details below (free text)

Future reform of the HRB regime

In the longer term, as other reforms across the sector bed in, there may be a case to remove building work inside flats and building work that is small-scale from the higher-risk regime, with those types of building work being overseen by building control bodies outside of the BSR.

Primary legislation would be required to implement any such changes, and this would require careful policy consideration and evidence that the building work in question would continue to be carried out safely, to standards, and with an appropriate level of oversight.  Responses to the questions below will help inform ongoing work on options for wider reform.

For both questions below you may wish to consider the following factors (this list is indicative and non-exhaustive):

• safety for residents and building users
• other (non-safety related) impacts on residents and building users
• impact on industry and delivery
• impact on the speed and efficiency of building work
• impact on accountability of duty holders
• impact on assurances on safety for residents and building users
• consistency with the wider building control system

Questions on future reform of the HRB regime

Question 13

What would be the benefits of moving work internal to flats and small-scale work from the BSR’s oversight in the higher risk regime to other building control bodies?

[free text]

Question 14

What would be the risks of removing work internal to flats and small-scale work from the BSR’s oversight in the higher risk regime to other building control bodies?

[free text]

About this consultation

This consultation document and consultation process have been planned to adhere to the Consultation Principles issued by the Cabinet Office.

Representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions when they respond.

Information provided in response to this consultation may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Environmental Information Regulations 2004 and UK data protection legislation.  In certain circumstances this may therefore include personal data when required by law.

If you want the information that you provide to be treated as confidential, please be aware that, as a public authority, the Department is bound by the information access regimes and may therefore be obliged to disclose all or some of the information you provide. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

The Ministry of Housing, Communities and Local Government will at all times process your personal data in accordance with UK data protection legislation and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. A full privacy notice is included below.

Individual responses will not be acknowledged unless specifically requested.

Your opinions are valuable to us. Thank you for taking the time to read this document and respond.

Are you satisfied that this consultation has followed the Consultation Principles?  If not or you have any other observations about how we can improve the process please contact us via the complaints procedure.

Data protection

The following is to explain your rights and give you the information you are entitled to under the Data Protection Act 2018 and other Data Protection Legislation.

Note that this section only refers to your personal data (your name address and anything that could be used to identify you personally) not the content of your response to engagement on this white paper.

1. The identity of the data controller and contact details of our Data Protection Officer

The Ministry of Housing, Communities and Local Government (MHCLG) is the data controller. The Data Protection Officer can be contacted at:

Dataprotection@communities.gov.uk

Or by writing to the following address:

Data Protection Officer
Ministry of Housing, Communities and Local Government
Fry Building
2 Marsham Street
London
SW1P 4DF

2. Why we are collecting your personal data

Your personal data is being collected as an essential part of the consultation process, so that we can contact you regarding your response (if needed) and for statistical purposes. We may also use it to contact you about related matters. We will collect your IP address if you complete a consultation online via Citizen Space. We may use this to ensure that each person only completes a survey once. We will not use this data for any other purpose.

The personal information we are requesting as part of this consultation includes:

• your name
• your email
• your regional location
• your position (if applicable)
• the name of organisation (if applicable)
• the size of your organisation, for example, a Small or Medium Enterprise (SME) or larger business (if applicable)
• what your organisation is, for example, a manufacturer, trading body, local authority (if applicable)

3. Sensitive types of personal data

Please do not share special category data or criminal offence data if we have not asked for this unless absolutely necessary for the purposes of your response. By ‘special category personal data’, we mean information about a living individual’s:

• race
• ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• genetics
• biometrics
• health (including disability-related information)
• sex life
• sexual orientation

By ‘criminal offence data’, we mean information relating to a living individual’s criminal convictions or offences or related security measures.

4. Our legal basis for processing your personal data

The collection of your personal data is lawful under article 6(1)(e) of the UK General Data Protection Regulation as it is necessary for the performance by MHCLG of a task in the public interest/in the exercise of official authority vested in the data controller. Section 8(d) of the Data Protection Act 2018 states that this will include processing of personal data that is necessary for the exercise of a function of the Crown, a Minister of the Crown or a government department i.e. in this case engagement on a consultation.

5. With whom we will be sharing your personal data

MHCLG may appoint a ‘data processor’, acting on behalf of the Department and under our instruction, to help analyse the responses to this consultation. Where we do, we will ensure that the processing of your personal data remains in strict accordance with the requirements of the data protection legislation.

MHCLG will take reasonable and proportionate steps to remove personal data from the consultation responses before using an Artificial Intelligence (AI) tool. The AI tool processes data securely and does not copy or share data. The data will only be accessed and used by those authorised to do so.

The AI tool identifies themes present in the responses. The draft themes are reviewed and agreed by a policy team before the tool then maps responses to the themes to be used by policy teams to analyse the consultation. MHCLG will take steps to check for accuracy and identify and reduce bias.

We may also share your full anonymised responses with other government departments to support the delivery of inter-government business. See below the list of government departments we may share your full responses with:

• Number 10
• Cabinet Office
• DHSC
• NHS England
• HMT
• BSR

6. For how long we will keep your personal data, or criteria used to determine the retention period

Your personal data will be held for 2 years from the end of engagement on this consultation, unless we identify that its continued retention is unnecessary before that point.

7. Your rights, e.g. access, rectification, erasure

The data we are collecting is your personal data, and you have considerable say over what happens to it. You have the right:

a. to see what data we have about you

b. to ask us to stop using your data, but keep it on record

c. to ask to have your data corrected if it is incorrect or incomplete

d. to object to our use of your personal data in certain circumstances

e. to lodge a complaint with the independent Information Commissioner’s Office (ICO) if you think we are not handling your data fairly or in accordance with the law. You can contact ICO at https://ico.org.uk/, or telephone 0303 123 1113.

Please contact us at the following address if you wish to exercise the rights listed above, except the right to lodge a complaint with the ICO: dataprotection@communities.gov.uk

Or by writing to the following address:

Knowledge and Information Access Team
Ministry of Housing, Communities and Local Government
Fry Building
2 Marsham Street
London
SW1P 4DF

8. Your personal data will not be sent overseas

9. Your personal data will not be used for any automated decision making

10. Your personal data will be stored in a secure government IT system

We use a third-party system, Citizen Space, to collect responses. In the first instance your personal data will be stored on their secure UK-based server. Your personal data will remain on the Citizen Space server and/or be transferred to our secure government IT system for 2-years of retention before it is deleted.

1. As defined in The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 2 (2)(a). ↩