October 14, 2025
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The Building Safety Act 2022 has introduced substantial changes to bolster safety measures, primarily targeting higher-risk buildings (HRBs). However, it is equally crucial to grasp how this legislation impacts non-higher-risk buildings (non-HRBs).
Main Similarities:
The Client must still appoint the roles of Building Regulations Principal Designer and Principal Contractor, where there is more than one contractor.
Non-HRB dutyholders (Client, designers and contractors) still have the responsibility for ensuring Building Regulations compliance and fulfilling a number of legal duties. It is a criminal offence if these duties are not undertaken.
Design and construction professionals working on non-HRB projects must also demonstrate and maintain competence.
For Non-HRBs, the Client is still required to declare the project compliant on completion before a completion certificate can be given.
Design work and building work must be planned, managed, and monitored to ensure compliance with the building regulations.
Main Differences:
Non-HRB projects are not subject to oversight by the Building Safety Regulator.
There are no formal Gateways in the process for non-HRBs.
Non-HRB projects retain the flexibility to choose their Building Control Authority.
Unlike Higher-risk Buildings (HRBs), non-HRB projects are not bound by a set of prescribed documents.
While competency is still essential for non-HRB projects, the standards are less onerous than those required for HRBs.
In place of formal gateways, non-HRB dutyholders are expected to submit appropriate reports to the Building Control Authority, demonstrating how and why their design and construction align with the functional requirements of Building Regulations – a shift from receiving advice and guidance from building control authorities to proactively demonstrating compliance. Building Control Authorities have been encouraged to adapt their approach in this evolving regulatory landscape, reducing their role as hand-holders throughout the process.
Designers of Non-HRBs should shift from merely offering designs to the building control authority to determine compliance to providing compliant designs with confidence. Dutyholders are now tasked with taking ownership of the compliance process, reducing their reliance on Building Control Authorities. As the CIC Building Safety Committee emphasised, regulators expect designs submitted to them to exude confidence in compliance “rather than an offer for the regulator to consider and offer advice as to whether compliance has been reached or whether change is needed.”
Under the new dutyholder regime, the Building Control Authority will be careful not to inadvertently become a designer through advising on compliance solutions; it’s about creating your own systems and evidence of compliance.
The client, designers and contractors are ultimately responsible and liable for building regulations compliance; however, particularly for non-HRBs, there often remains a focus on undertaking the bare minimum to achieve a building control completion certificate without the appreciation that this does not mitigate the risk of legal action for any non-compliances. This is because a building control completion certificate is not evidence that building work is compliant or that dutyholders have fulfilled their legal duties.
Safer Sphere will support you throughout the design and construction process, reducing risk and providing compliance assurance, cost certainty and the necessary evidence that the building control authority will expect for your non-HRB projects.
Our Building Safety Consultancy team comprises Building Control, Design and Construction Management professionals who provide relevant guidance to all duty holders under the legislation. We offer full PI for all services, including the Building Regulations Principal Designer role (BRPD).