Building control and regulations

The Building Regulations etc. (Amendment) (England) Regulations 2023 set out a framework which identifies those duty holders involved in the procurement, design and undertaking of building work, and imposes duties on them. They apply to all building work from 1 October 2023 onwards.

The duty holders to which these regulations will apply will be clients, principal designers, designers, principal contractors and contractors. As has always been the case, the duty to ensure that the work complies with all relevant building regulations is on those procuring and undertaking the design and building work.

Duty holders will need to plan, manage and monitor their work, cooperate and communicate with each other and coordinate their work. Those undertaking design work and building work will need to have the right competence (the skills, knowledge, experience and behaviours or organisational capability) for the work they are engaged to do.

The person making the appointment for design work or commissioning building work has a duty to appoint a competent person, and the person undertaking the work should not undertake the work if they are not competent to do so.

Anyone undertaking design work or building work will need to plan, manage and monitor the work to ensure that it complies with all relevant requirements. When carrying out design work the designer or principal designer will be required to take all reasonable steps to ensure that the design is such that, if the building work to which the design relates has been built in accordance with that design then the building work would comply with all relevant requirements.

When carrying out building work, the contractor or principal contractor will need to ensure the building work they carry out complies with all relevant requirements. The requirements placed upon clients, designers, principal designers, contractors and principal contractors are listed in regulations 11A to 11O of the Building Regulations 2010 as inserted by Regulation 6 of the Building Regulations etc. (Amendment) (England) Regulations 2023. In higher-risk buildings the duty holders will need to demonstrate to the Regulator how they intend to comply, how they are complying, and how they have complied with their duties, including submitting a competence declaration to the Regulator when requesting a competition certificate for the work.

Other than the checks being carried out for higher-risk building work when applications are made to the Regulator, we are not expecting proactive inspections of the duty holder and competence regime.

However, when there is a failure to comply with building regulations, the duty holder and competence regulations will enable the building control authority to track back through the design and building processes for the project for each of the relevant duty holders and take appropriate action for non-compliance with the building regulations as appropriate.

• Regulation 16(4A) Completion Notice (PDF)
• Notification of Change of Dutyholder (PDF)

In the interest of safety of the general public, occupiers and adjoining owners, most buildings to be demolished are subject to legal requirements administered by the Building Control Division.

• If you wish to demolish a building or part of a building, you are required to notify the Local Authority in writing, giving at least six weeks notice.
• A copy of the notice should also be sent to other interested parties, such as the occupier of any adjacent building, and the local water, gas and electricity supply authorities/companies.

We will write to inform you of any works to be carried out to services and adjoining buildings. This is to ensure that: Gas, electricity and water supplies are made safe, Redundant drains are sealed, Affected buildings are properly supported and weatherproofed, and On completion debris is removed and the site made safe.

You may only start the demolition if you have received our response to your notice or the six week period has expired. If you commence before that time the local authority may be obliged to take enforcement action under the Building Act 1984.

COMMENCEMENT

Demolition works may only commence after receipt of the City Council's Counter Notice or on expiry of 6 weeks from the date Notice was given to the City Council.

• Planning consent may also be required prior to demolishing a building. For further advice contact the Development Control Section Ph

COUNTER NOTICE

The Council's Counter Notice will specify requirements that the owner or agent must adhere to during the demolition process.

These requirements relate to:

• Shoring and weatherproofing adjacent buildings.
• Repairing damage to adjacent buildings.
• Removing rubbish from the site.
• Disconnecting, sealing or removing drains and sewers on the site.
• Making good disturbed ground.
• Making arrangements with statutory undertakers for the disconnection of services to the building.
• Arrangements for burning of material on the site.
• Other matters such as securing the site against unauthorised access, or ensuring compliance with British Standard 6187 Code of Practice on Demolition.

Copies of the Counter Notice will be sent to relevant Statutory Undertakers, including Southern Electricity, Transco, Southern Water Services, the Health and Safety Executive, Hampshire Fire & Rescue Service, owner/occupiers of adjacent buildings and other sections of the Council and interested bodies.

NOTICES OF STAGE OF WORK

A person undertaking demolition work must provide Building Control with notice of certain stages of the work; these are as follows.

• At least 48 hours notice must be given before disconnecting, sealing or removing drains and sewers on the site.
• At least 24 hours notice must be given before making good disturbed ground