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Building Control And Processes

Building control and processes for the Building Safety Act by BESA

Building control is a vital regulatory process ensuring that construction projects adhere to the Building Regulations (2010) in the UK. These regulations encompass structural integrity, fire safety, energy efficiency, accessibility, ventilation, sanitation, and other crucial aspects for safe and healthy buildings. The regulations cover new buildings (except agricultural), and cover extension and alteration work to existing buildings.

The Building Safety Act 2022 has introduced strict regulatory requirements for the design and build of higher-risk buildings (HRBs) and construction work carried out in these buildings. Together with its supporting legislation, the Act has also made changes to the building control process. These apply for all buildings (not just HRBs), and the Act has introduced regulations for the building control profession.

Legal responsibilities are made on those who commission building work, participate in the design and construction process and carry out the building control function, to make sure building work is compliant with the building regulations. These changes are laid out in The Building Regulations etc. (Amendment) (England) Regulations 2023. The overall aim of the legislation is to raise standards throughout the built environment by reforming how building works are designed and constructed, improving building safety.

What Has Changed For Building Control?

The act has mandated that all building inspectors who carry out building control work (in England) are licensed to operate by the Building Safety Regulator (BSR). Details are held on a publicly available register. The individual must have completed a competency assessment and met the required standard, before registration. Inspectors are required to work to professional codes and standards. Re-assessment is carried out every four years.

Rules for the devolved nations differ in some respects but building control inspectors are still registered. Links to the various national registers are given below:

England: Find a registered building inspector in England - GOV.UK

Wales: Registered building inspectors | GOV.WALES

Scotland: Certification Register

Northern Ireland: Building Control NI

Building Control Bodies

Building Control Inspectors may work for building control bodies either as employees or contractors. Depending on the construction works being carried out, building control is overseen by one of the following types of building control body, as set out by the regulations:

  • the Building Safety Regulator (BSR)
    • regulates higher-risk buildings
    • regulates buildings covered by a regulator’s notice
    • is the regulatory authority for the building control profession, including RBCAs and local authorities in England.
  • Local Authorities. They are required to comply with the rules set out by the Operational Standard Rules within the legislation.
  • Registered Building Control Approvers (RBCA), from the private sector. They are required to meet registration conditions and comply with the rules set out by the Operational Standard Rules within the legislation.

Building Control And Compliance With The Regulations

The Act has changed the role of building control, so that it is now focussed on compliance. Building control is now a regulatory role, with a greater emphasis on ensuring that building works meet the provisions of the Building Safety Act and the Building Regulations. This change is to improve safety standards and adherence to the regulatory rules and that everyone involved in construction meets their responsibilities.

Under the regulations, Registered Building Inspectors now focus solely on assessing whether the construction meets compliance with the building regulations. Before the Act was introduced, building controllers would provide design advice as part of their role. The changes made mean that Designers must now provide fully compliant plans and take an active part throughout the construction works, to make any updates or revisions required for the works. Furthermore, Designers are now required to demonstrate through the provision of documentary evidence to Building Control how their works are compliant with the functional requirements of the Building Regulations. The Building Controller will then evaluate this assessment and make an informed decision on compliance.

Compliance And Enforcement

Building controllers inspect the building works throughout the construction process to ensure that the work is compliant with building regulations. They use their findings and professional judgements to support, encourage and, if appropriate, hold the dutyholders to account. The Building Controller can demand changes are made to a construction if, in their opinion, the work does not meet building regulations.

The building control body can make enforcement actions for serious non-compliance and can initiate formal enforcement action, serve legal notices and take steps that may lead to prosecution actions.

The responsibility for regulatory compliance now lies with the Dutyholders.

Dutyholders

The legislation defines dutyholders as those that commission and carry out building works. During the construction phase, duty holders are the Client, the Designers and Contractors, who are responsible for the building works.

Dutyholders must comply with the act and the building regulations made under it. They are responsible for preventing, managing, and controlling their building risks.

Building control expect dutyholders to proactively demonstrate how their project complies with the building regulations. This should include an explanation of how their project meets the functional requirements of the building regulations from design into occupation. It should include:

  • identified risks and their management arrangements
  • evidence on which guidance informed design and construction
  • evidence on how dutyholders have assessed the appropriateness of the guidance used to demonstrate specific elements of compliance

For refurbishment works, dutyholders should engage with any building occupiers present during the works. This will help them check, improve and maintain the standard of their building, in compliance with the law.

For further details of the role of Duty Holders, refer here.

Building control and processes for the Building Safety Act by BESA

What Are The Key Stages Of The Building Control Process?

  • Pre-Application Discussions: Engage with building control early in the project to discuss plans, and potential challenges, and ensure design alignment with expectations.
  • Submitting Plans and Notifications: Provide detailed plans and information for building control review. There are two main submission routes:
    • Full Plans Application: Detailed plans for full assessment.
    • Building Notice: Less detail submitted, with more reliance on site inspections.
  • Site Inspections: Building control will inspect work at various stages. It's crucial to coordinate with them, address any queries, and rectify any identified issues.
  • Completion Certificate: Upon satisfactory completion, the building control body issues this certificate confirming compliance with the Building Regulations.

The Building Safety Act And Building Control Key Elements

The Building Safety Act introduces significant changes to building control, particularly for higher-risk buildings (HRBs). Key aspects include:

  • Gateway System: Three gateways with mandatory approval points during the design and construction of HRBs. Gateway 1 replaces the full plans route.
  • Accountable Persons and Principal Accountable Persons: Designated responsible individuals for managing building safety.
  • Building Safety Regulator (BSR): A new regulator overseeing the system and with enforcement powers.
  • Competence Requirements: Stricter competence standards for those involved in the design, construction, and maintenance of HRBs.
Building control and processes for the Building Safety Act by BESA

The Importance Of Building Control For BESA Members

Compliance: BESA members, as specialists in building engineering services, must work within the framework set by the Building Regulations. Building control ensures works are designed and installed in a compliant manner.

Quality and Safety: Adherence to building control standards guarantees the quality and safety of building systems for which BESA members are responsible.

Reputation: Working with building control upholds the reputation of BESA members as professionals who deliver safe and compliant buildings.

How BESA support members with Building Control?

Technical Guidance: BESA provides technical publications, guidance documents, and bulletins aiding members in adhering to building control requirements.

Training and Competence: BESA offers training courses and supports competence frameworks, ensuring members meet the elevated standards of the Building Safety Act.

Industry Representation: BESA engages with regulators and policymakers, influencing the Building Control system to support their members and the broader industry.

Key points to remember

  • Engage with building control early and maintain open communication.
  • Ensure the competence of your team is in line with the Building Safety Act requirements.
  • Prioritise and evidence compliance with the Building Regulations in all your work by utilising the resources and support provided by BESA.
  • BESA resources: For guidance, support and up-to-date announcements, visit our Building Safety Act Hub where you’ll find the latest information on the Building Safety Act with easy to digest guidance & Regulations. 

Frequently Asked Questions About Building Control

How do I get a building control completion certificate?
  • Project Completion: Ensure your construction project is fully completed and meets the agreed-upon plans and specifications.
  • Final Inspection Request: Contact your building control body (local authority or approved inspector) and request a final inspection. They may have an online form or require a phone call.
  • Inspection: A building control officer will visit the site to verify completion and compliance with building regulations.
  • Compliance Confirmation: Upon successful inspection, confirming all regulations are met, you will receive a completion certificate.
  • If your building falls under the category of a Higher-Risk Building, you must secure a completion certification from the Building Safety Regulator via the Gateway 3 procedure prior to occupancy.
Do I need building control for internal works?
  • Not all internal works require building control: Most minor repairs, replacements, and maintenance works generally don't need it.
  • Focus on structural elements: Building control usually becomes necessary for internal alterations impacting load-bearing walls, chimneys, fireplaces, or walls around staircases.
  • Consult your local building control body: If unsure about your specific project, it's best to contact them for clarification and guidance.
  • Competent person schemes: For specific internal works like window replacements, utilising an installer registered with a competent person scheme may suffice instead of building control approval.

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