Guidance

Transitional building control approval for new higher-risk buildings

What documents clients need to submit to manage building control approval for higher-risk building work under transitional arrangements.

• From: Health and Safety Executive
• Published: 2 April 2024

Applies to England

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 the guide about 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 BSR’s 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

A higher-risk building is a building that has at least:

• 7 storeys or is at least 18 metres high
• 2 residential units or is a hospital or a care home

A higher-risk building with at least 2 residential units must be registered with BSR before people live there.

You can read guidance about the criteria that makes a building a higher-risk building.

Sufficiently progressed

Work is ‘sufficiently progressed’  on the construction of a higher-risk building when the placement of permanent foundations has started. This means one of the following has begun:

• the pouring of concrete for the permanent placement of the trench, pad or raft foundations
• the pouring of concrete for the permanent placement of piling

Work on an existing building to create a higher-risk building, or work to an existing higher-risk building is sufficiently progressed when work has started on any permanent change as described in the application or initial notice.

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 rejected for creating a new higher-risk building 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 its 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
• 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

You must make a new application and provide BSR with the following documents:

• 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
• 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
• where it is an application for a stage of higher-risk building work, the staged work statement
• for an application made by someone on behalf of the client, a statement signed by the client confirming they agree to the application and the information within is correct
• description of any work carried out before the cancellation date, including details of any work to which a final certificate was given and not rejected
• details of any inspections undertaken by the approved inspector
• plans showing that the work carried out complies with the building regulations  

An initial notice for creating a new higher-risk building is cancelled between 1 October 2023 and 6 April 2024 and the work is not sufficiently progressed 

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

Where you receive notice that the initial notice is cancelled, 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 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 its 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 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 undertaken by the approved inspector in relation to the work

You must make a new application and provide BSR with the following documents:

• 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
• 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
• staged work statement if there is one
• 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
• description of any work carried out before the cancellation date, including details of any work to which a final certificate was given and not rejected
• details of any inspections undertaken by the approved inspector
• plans showing that the work carried out complies with the building regulations  

An initial notice for creating a new higher-risk building is cancelled from 6 April 2024 and the work is not sufficiently progressed  

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 6 April 2024

What to do after the initial notice is cancelled  

Where you receive notice that the initial notice is cancelled, 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 then 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 allows BSR 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 its 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 cancellation date of the initial notice, 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 undertaken by the approved inspector in relation to the work

You must make a new building control approval application and provide BSR with the following documents:

• 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
• 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
• staged work statement if there is one
• for an application made by someone on behalf of the client, a statement signed by the client confirming they agree to the application and the information within is correct
• description of any work carried out before the cancellation date, including details of any work to which a final certificate was given and not rejected
• details of any inspections undertaken by the approved inspector
• plans showing that the work carried out complies with the building regulations

Building control approval lapses before 6 April 2024 and work has not commenced 

Building control approval on new building work lapses automatically 3 years after any building control approval, if the work has not commenced during that time.

For buildings which had building control approval before 1 October 2023, the work is commenced if you started work before 6 April 2024.  

You must make a new application for building control approval if your approval lapses before 6 April 2024. At this point, BSR is the building control authority.      

Building work to create a new higher-risk building has sufficiently progressed but the initial notice is cancelled between 1 October 2023 and 6 April 2024 

Use this section to understand what to do when the following apply before 6 April 2024:

• work is sufficiently progressed and the local authority received a notice stating it had sufficiently progressed before 6 April 2024
• the initial notice relating to the higher-risk building is cancelled

If a final certificate is accepted before the cancellation date then that building work is not subject to building control approval by BSR.

If a plan certificate is accepted before the cancellation date it becomes invalid from the notice date.

Where you receive notice that the initial notice is cancelled, BSR becomes the building control authority.

The person intending to carry out the work has 10 working days 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 undertaken by the approved inspector in relation to that work

You must not carry out any building work set out in the initial notice until BSR confirm your application is valid. 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 then rejects the application, work must stop until building control approval is granted.

You must provide BSR with:

• 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
• plans showing the work already carried out complies with the building regulations, including for work where a final certificate has been issued
• competence declaration
• construction control plan
• 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
• for an application made by someone on behalf of the client, a statement signed by the client confirming they agree to the application and the information within is correct
• copy of a final certificate, if applicable

Building work to create a higher-risk building has sufficiently progressed but the approved inspector is not a registered building control approver from 6 April 2024 

Use this section to understand what to do when the following apply from 6 April 2024:

• the approved inspector who gave the notice is not an appropriately registered building control approver on that date
• notice that work had sufficiently progressed was received by a local authority before 6 April 2024

If a final certificate is accepted before the cancellation date then that building work is not subject to building control approval by BSR.

If a plan certificate is accepted before the cancellation date it becomes invalid from the notice date.

Where you receive notice that the initial notice is cancelled, BSR becomes the building control authority.

The person intending to carry out the work has 10 working days from the cancellation date to give a notice to the regulator setting out:

• plans showing the work will comply with the building regulations
• 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 undertaken by the approved inspector in relation to that work

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.

If any building work was carried out before the cancellation 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 its 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

You must provide the BSR with:

• 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
• plans showing the work already carried out complies with the building regulations, including for work where a final certificate has been issued
• copy of a final certificate, if applicable
• competence declaration
• construction control plan
• 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
• for an application made by someone on behalf of the client, a statement signed by the client confirming they agree to the application and the information within is correct 

Building work to create a higher-risk building has sufficiently progressed, but the initial notice ceases after 6 April 2024 

Use this section to understand what to do when the following apply:

• an initial notice was in force on 6 April 2024 but is now no longer in force
• notice that work had sufficiently progressed was received by a local authority before 6 April 2024

If a final certificate is accepted before the cancellation date then that building work is not subject to building control approval by BSR.

If a plan certificate is accepted before the cancellation date it becomes invalid from the notice date.

Where you receive notice that the initial notice is cancelled, BSR becomes the building control authority.

The person intending to carry out the work has 10 working days from the date on which the initial notice ceased to be in force to give a notice to the regulator setting out:

• plans showing the work will comply with the building regulations
• 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 undertaken by the approved inspector in relation to that work

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.

If any building work was carried out before the cancellation date then you must comply with any notice from BSR. This notice allows BSR 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 its 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

If BSR rejects the application for building control approval then from that rejection date building work must stop until a building control approval is granted in relation to the building.

BSR is the building control authority for the higher-risk building. You must send BSR the following documents:

• 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
• competence declaration
• staged work statement if applicable
• for an application made by someone on behalf of the client, a statement signed by the client confirming they agree to the appointment and the information within is correct
• copy of the final certificate, if applicable
• plans showing the work already carried out complies with the building regulations
• 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

Work to new higher-risk building with full plans is not sufficiently progressed by 6 April 2024

Use this section to understand what to do when the following apply from 6 April 2024:

• full plans were deposited with a local authority before 1 October 2023
• notice that work had sufficiently progressed was not received by a local authority before 6 April 2024

Where plans were deposited, but a notice that work had sufficiently progressed was not received by a local authority before 6 April 2024, BSR becomes the building control authority.

You must notify BSR by 4 May 2024  of the work being transferred, setting out:

• the name and address of the building
• 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
• a copy of the commencement notice given to the local authority
• any plans or documents given to the local authority showing work complies with building regulations
• a statement setting out any conditions imposed on the plans and any changes agreed with the local authority about the plans
• any work carried out that’s not set out on the plan
• the name, address, telephone number, and if available the email address of the client, the principal contractor, and the principal designer
• details of the intended use of the higher-risk building, including the intended use of each storey
• the proposed height of the higher-risk building and the number of storeys
• the proposed number of flats, number of residential rooms and number of commercial units to be contained in the higher-risk building
• the provision to be made for the drainage of the building
• details of the work to be carried out
• details of any existing building on the site, including the height of any existing building, the number of storeys contained in it and the use of each storey
• details of any work carried out with a summary of the inspections undertaken by the local authority in relation to the work
• the steps to be taken to comply with any local enactment that applies
• precautions taken if building over a drain, sewer, or disposal main
• copy of any inspection report, notes and photographs, produced by the local authority relating to each inspection of work
• statement setting out details of any enforcement action taken by the local authority in relation to the work

You may continue to build to the plans approved by the local authority. However, BSR may on receipt of the notice require further information on the project. BSR may also enforce against any non-compliance identified.

You will be subject to the requirements of the higher-risk regime, excluding the processes for building control approval applications. While some requirements of the higher-risk regime are modified, you must still be able to show compliance with all applicable requirements of the building regulations.

Published 2 April 2024