The Building Safety Regulator (BSR) is an independent body established under the Building Safety Act 2022 as the new Building Control Authority for all higher-risk buildings (HRBs).
While the sector is widely aware of the requirement for BSR sign-off before the construction of new HRBs, property professionals and lay clients alike may be unaware that alterations made to existing HRBs (such as refurbishment works to an existing flat in an HRB) also require BSR approval.
An HRB is a building that contains at least two residential units and:
Applicants must approach the BSR before making alterations to an HRB, this is known as Gateway 2 of the building safety regime. Starting work without the BSR’s prior approval is a criminal offence.
Although there are limited situations where an application may not be required (for minor and emergency works), legal advice should, where possible, be sought before relying on these exceptions.
The BSR has eight weeks from the date it receives an application to issue its decision. However, a recent written answer to Parliament made by building-safety minister Rushanara Ali revealed that out of the 606 applications for amendments to existing HRBs made up to 30 June 2024, just 12 were determined within the prescribed timeframe. Crucially for applicants, a lack of response from the BSR by the deadline does not constitute deemed approval.
Applicants must demonstrate that their proposed alterations will comply with all relevant building regulations and that they will be adequately managed during construction.
The market appears to be taking some time to adjust to and get comfortable with the level of detail required to meet this threshold. At 30 June 2024, the BSR had agreed 271 extensions of time and refused a staggering 260 applications on the basis of administrative and substantive shortcomings.
The message here is clear: the need for BSR approval should be borne in mind from the outset of a refurbishment project, as failure to provide adequate detail could result in significant delays. Applications to the BSR, even for minor works, require careful consideration and onboarding legal expertise in the early stages of your project is key to ensuring compliance with this complex but important regime. Where refurbishment projects involve multiple parties, it is critical that they collaborate fully with each other to produce a comprehensive application.
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