Building Control news and updates

Building Control news and updates

There will be an increase in Building Control fees from 1 April 2024

Changes To Building Regulations 1 Oct 2023

The Building Regulations changed on the 1 October 2023, along with the implementation of sections of the Building Safety Act 2022. Any building work where Building Regulations are required will be subject to the new Duty Holder Regime.

The new regime imposes new requirements on applicants, agents, and builders. 

  • the applicant is now referred to as the ‘Client, this includes Domestic Clients
  • an agent is now referred to as the ‘Principal Designer’
  • a builder is now referred to as the ‘Principal Contractor’

It is the Client’s responsibility to appoint a Principal Contractor and Principal Designer. The aim is to ensure that at each stage in a building project, duty holders are identified, and the roles, responsibilities and expectations are clear. This will ensure clients can consider and demonstrate how the building work will meet the requirements of the Building Regulations. 

For further information about the roles and responsibilities

The overall responsibility to show compliance with the Building Regulations lies with the Client, the Principal Designer, and the Principal Contractor. This applies to all types of Building Regulation applications.  This has always been the case, but it is now set down in legislation. Building Control is to act as the Regulator and Building Control Inspectors are not able to advise on any elements of the design or construction methods of the development. 


Changes to submitting an application

Application forms are being updated and additional questions will be asked:

  • where the person completing the application form is not the Client (for example, when submitted by the Principal Designer), the name, address, telephone number and if available a contact email address for the Client is required.
  • where known at the date of the application, the name, address, telephone number, and if available a contact email address for the Principal Contractor (or sole contractor) and the Principal Designer (or sole or lead designer) must be provided.
  • confirmation is required as to whether the building is subject to the Regulatory Reform (Fire Safety) Order 2005 (RRO) or it will apply after completion of the building work. (Note: The RRO applies to all buildings other than private dwellings).
  • Where the project consists of works to an existing building, a full description of the existing building is required which now includes:
    • details of the current and proposed use of the building and or individual storeys of the building.
    • the height of the building before and after building work has taken place. The height is measured from the lowest external ground level to height of the highest floor level and aligns with the definition given in Approved Document B.
    • the number of storeys in the building, both before and after building work has taken place. (As determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023)
    • a date when it is proposed the works will reach the point when it is to be regarded as commenced, in accordance with regulation 46A (lapse of building control approval: commencement of work). See below for more information.
    • where the application is made by someone on behalf of the Client, statement, signed by the Client confirming they agree to the application being made and that the information contained in the application is correct.


Starting work and Notice of Commencement

Building Control must be notified when you start work on site in order for us to carry out the necessary inspections. (Start of work stage)

There is now an additional stage where Building Control Must be notified. This is the deemed commenced stage. A template for this notice - Notice of Commencement will be provided once your application is registered.


Works are deemed commenced when

For complex buildings

Foundations are constructed, and the structure of the lowest floor level is complete. 

For new buildings and horizontal extensions

Sub surface structure of the building or the extension including all foundations and the structure of the ground floor level is completed. 

For all other works

Constructed 15% of the overall work.


Notice of completion

A notice of completion must be submitted to us within 5 days of the work being completed. A template for this notice – Notice of Completion will be provided once your application is registered.

We will not be able to issue a completion certificate until this notice is received and it being signed by all parties.

The notice of completion will require the following information: 

  • the name, address, telephone number and email address of the Client, Principal Contractor, and Principal Designer
  • a signed statement will be required from the Client to say that the works have been completed and complies with all the applicable regulations to the best of their knowledge
  • a statement will also be required from both the Principal Contractor and Principal Designer to confirm they have fulfilled their duties under Part 2A (duty holders and competence). The duties for this can be found here, The Building Regulations etc. (Amendment) (England) Regulations 2023 (

For buildings subject to the Fire Safety Order, the client must submit the same notice, but within 5 days of occupation, and it must also state the following:

  • the date when the building (or any part of it) is occupied; and
  • a signed statement confirming that to the best of their knowledge, Regulation 38 and Part B of Schedule 1 are currently complied with for the parts of the building are to be occupied.

Important reminder

New Building Regulations and Approved Documents and the Transitional arrangements reminder - LABC.


The Building Performance Gap 

The building performance gap, information that is required proving your new dwelling is built to the right level of thermal performance. The following information provided by LABC details information and photographic evidence need to address this.

Amendments to approved document J

On Friday the United Kingdom (UK) Government issued important documents affecting the building regulations in England. Amendments to Approved Document J were announced.

These come into effect on 1 October 2022 and make key changes to Approved Document J: Combustion appliances and fuel storage systems:

  • The guidance on smoke control areas and the interaction with the Clean Air Act 1993 has been updated to reflect the interaction with the Environment Act 2021
  • The guidance on installing carbon monoxide (CO) detectors to satisfy requirement J3 has been extended into sections 3 and 4. This is to cover both gas and oil burning appliance installations.
  • The previous guidance on CO detectors contained in section 2 for solid fuel appliances has also been amended.

For more information on the amendments visit GOV.UK.

The Building Safety Act

On 25 July, the Department of Levelling Up and Communities (DLUHC) published guidance relating to the Building Safety Act, which was granted Royal Assent on 28 April. 

The Act gives residents and homeowners more rights, powers and protections. It delivers protections for qualifying leaseholders from the costs associated with remediating historical building safety defects, and a toolkit of measures that will allow those responsible for building safety defects to be held to account. 

The Act creates three new bodies to provide effective oversight of the new regime:

  • the Building Safety Regulator
  • the National Regulator of Construction Products
  • the New Homes Ombudsman 

Many of the detailed provisions in the Act will be implemented over the next two years through a programme of secondary legislation.
For more information about the Act, visit Gov.UK.