Wondering if the Building Safety Act applies when your project already started on site, or is it about to start before October 1st? Let’s clarify.
The Building Safety Act applies to all building projects, regardless of size or typology.
However, the Higher-risk Building regime applies to a building that is:
at least 18 metres in height or has at least seven storeys
and is either a residential building with at least two residential units, a hospital or a care home.
The HRB regime will come into effect from 1st October, but transitional arrangements exist if the following applies:
1. A Building Regulations application has been submitted (and not rejected) to either the Local Authority or an *Approved Inspector before the 1st of October 2023.
*If the building control authority for the project is an Approved Inspector, they must become a Registered Building Control Approver by 6th April 2024.
2. By the 6th of April 2024; work has started on site, or, for the construction of a new higher-risk building, work has ‘Sufficiently Progressed’.
The definition of ‘Sufficiently Progressed’ is:
Pouring of concrete for —
(i) the permanent placement of the trench, pad or raft foundations, or
(ii) the permanent placement of piling
NB: All Higher-risk residential buildings are subject to Part 4 of the Building Safety Act 2022 on completion (in-occupation management) regardless of these transitional arrangements