Transitional arrangements

[edit] Update as of March 14, 2024

The Building Safety Regulator (BSR) has extended the deadline for registration of Building Control inspectors until 6 July.

Director of Building Safety for the Health and Safety Executive (HSE), Philip White, wrote on 14 March to the Building Control industry outlining new transitional arrangements for the registration of Building Control inspectors in England.

In Wales, the deadline has been extended until 1 October 2024.

Registered building inspectors are a new role created under the Building Safety Act 2022. They will be empowered to issue compliance notices and stop notices for higher-risk buildings during any stage of the design and construction process.

White wrote in his letter that Building Control professionals who had not yet completed a competence assessment can take advantage of the deadline extension provided they meet the following criteria:

• They are an existing Building Control professional;
• They are registered as a Class 1 Registered Building Inspector (RBI) by 6 April 2024;
• They are enrolled in, and in the process of having their competency assessed through, one of the BSR-approved competency assessment schemes by 6 April 2024; and

A scheme provider has not told them that they have not passed their competency assessment for a second time.
For more details, please visit the Making Buildings Safer website.

[edit] Definiton

Transitional arrangements are defined in the Government guidance "Eligibility for transitional arrangements in building control" updated March 11, 2024.

Transitinal arrangemants are described as allowing projects to stay under the existing building control regime – and avoid transfer to the Building Safety Regulator (BSR). Which means eligible projects can stay under the old rules. Though developers must take the required steps for their projects to qualify.

[edit] Details

If a project had building control arrangements established before October 1st, 2023, and has made substantial progress before April 6th, 2024, it qualifies for transitional provisions. A notice of sufficient progress must be given to the local authority in order to qualify

As such under these provisions, a project can continue to be regulated by the existing building control provider. This will require the building control provider to be appropriately registered with the BSR. In order to benefit from transitional arrangements, it is essential that notice is given to the relevant local authority, indicating that the building work has progressed sufficiently.

For the construction of a higher-risk buildings, sufficient progress means when pouring concrete for the permanent placement of foundations or piling has started. For work on existing buildings, this means when any work has begun. There is no specific rule for what counts as starting work, but it usually includes any significant building activity mentioned in the project application.

If the project involves an Approved Inspector (AI), a copy of this notice must also be goven to the AI as well. Failure to send notice to the local authority will result in the project transferring to the BSR.

Projects must use a suitably Registered Building Inspector (RBI) and suitable building control arrangements to continue benefitting from the transitional arrangements. Suitable building control arrangements means submitting full plans to the local authority. The plans must not be rejected. Or it means giving an initial notice to the local authority. The authority must accept the notice.

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