The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023

15 Building control approval applications for work to existing HRB: decisions

(1) The regulator must grant the building control approval sought in a building control approval application for work to existing HRB unless— (a) the application or any document that accompanied the application (or is provided under regulation 12(5) (building control approval applications for work to existing HRB))— (i) does not comply with the requirements of regulation 12 (building control approval applications for work to existing HRB) or any direction relating to the application or the document given by the regulator under regulation 59 (electronic submission and directions); (ii) is not sufficiently detailed in any respect to allow the regulator to determine whether the work would contravene any applicable requirement of the building regulations; (iii) shows that— (aa) the proposed work would contravene any applicable requirement of the building regulations; (bb) in a case where details are provided under regulation 12(1)(e)(viii)(bb), the work set out in the details would not in the regulator’s opinion amount to 15% of the work; (iv) shows the strategies, policies or procedures in relation to the work (including in relation to controlled changes, mandatory occurrence reporting, competence of persons or sharing of information and co-operation) would contravene, or would be likely to contravene, the requirements of— (aa) regulations 18 to 21 and 26 to 29 (changes to documents or persons); (bb) regulations 31, 38 and 39 (golden thread etc); (cc) regulations 32 to 37 (mandatory occurrence reporting); (dd) Part 2A (dutyholders and competence) of the 2010 Regulations; (b) when requested pursuant to regulation 12(5) (building control approval applications for work to existing HRB), the applicant failed to provide the document requested. (2) If one or more of the reasons in paragraph (1) applies, the regulator may— (a) reject the building control approval application for work to existing HRB, or (b) with the written consent of the applicant, grant the building control approval sought in the application subject to one or more requirements. (3) The types of requirement that may be imposed under paragraph (2)(b) include— (a) a requirement to provide a specified plan or document, or a revised version of a specified plan or document, within a specified period; (b) a requirement that work does not proceed beyond a specified point until a specified plan or other document, or a revised version of a specified plan or other document, has been given to, and approved by, the regulator. (4) The regulator must notify the applicant of the outcome of the application (and where the applicant is not the client, also give a copy of the notification to the client) within the period referred to in regulation 13 (building control approval applications for work to existing HRB: validity and time limit). (5) A notice that the application has been rejected must give the reasons for rejection. (6) A notice that the building control approval sought in the application has been granted subject to a requirement must specify the requirement imposed. (7) If requested by the applicant, the regulator must provide a paper copy of the notice of building control approval. (8) Where a building control approval application for work to existing HRB is successful the effect is that from the date of the notice under paragraph (4)— (a) building control approval for the work to existing HRB is granted; (b) subject to paragraphs (9) and (10)— (i) the description of the proposed work under regulation 12(1)(e) (building control approval applications for work to existing HRB); (ii) the plans of the work that accompanied the application, and (iii) each of the other documents that accompanied the application and, in accordance with regulation 12(5) (building control approval applications for work to existing HRB), the regulator required to be provided, are approved. (9) Where building control approval has been granted subject to a requirement that a plan or document must be revised, the unrevised plan or document is not approved by paragraph (8)(b). (10) Where— (a) building control approval has been granted subject to a requirement that any plan or document must be revised, and (b) the plan or document is revised in accordance with the requirement, paragraph (8)(b) applies in relation to the revised plan or document. (11) Where building control approval has been granted subject to a requirement of a type described in paragraph (3)(a), the client must ensure that work does not start before the plan or document is provided. (12) Where building control approval has been granted subject to a requirement of a type described in paragraph (3)(b)— (a) the requirement must set out the points specified in relation to the work and the plans or documents which must be approved for each point; (b) the client must ensure work does not proceed beyond the point specified in a requirement until the approval by the regulator in relation to that plan or document has been received. (13) If requested by the client, the regulator must provide a paper copy of the approval referred to in paragraph (12)(b). (14) Where the regulator decides not to approve a plan or document under paragraph (12) if requested the regulator must give the reasons for the decision.