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

21 Change control applications

(1) A change control application must be made by the client (“the applicant”) in writing, signed by the applicant, and must include— (a) the name, address, telephone number and (if available) email address of the client, (b) the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer), (c) a statement that the application is made under this regulation, and (d) a description of the proposed controlled change. (2) The application must be accompanied by— (a) an explanation of the reasons why the change has been proposed, (b) a list of the name and occupation of each person, if any, whose advice was sought in relation to the proposed change and a summary of any advice provided, (c) where the change is to the number of flats or residential rooms, plans showing the number of flats or residential rooms it is proposed the higher-risk building will contain, (d) an assessment of the agreed documents affected by the proposed change, (e) a compliance explanation in relation to the proposed change, ... (f) where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct, (g) if the change control application is an updated application and the building work, to which the updated application relates, relates to the provision of one or more dwellings, or one or more bedspaces in purpose-built student accommodation, and the building which consists of or contains the dwellings or bedspaces is a residential building (as defined in regulation 7 of the BSL Regulations)— (i) the building safety levy information, in relation to the updated application, in accordance with regulation 17A but where the updated application is given on or after the day on which the first notice under regulations 9(3) or 17(3) is given then the information in regulation 17A(1)(a) and (b) is not required; (ii) if the levy charging conditions are met, the information set out in paragraph (3); (iii) if the levy charging conditions are not met, the information set out in paragraph (4), and the application must be accompanied by the revised version of the agreed document produced in accordance with regulation 18(2)(b) (change control). (3) The information referred to in paragraph (2)(g)(ii) is— (a) a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the updated application relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations; (b) a statement setting out the levy charging information in relation to the updated application in accordance with regulation 17B; (c) in a case where regulation 9(3A) or 17(3A) has not applied to any notice under regulation 9(3) or, as the case may be, 17(3), a statement which includes the applicable planning information within the meaning of regulation 9 or, as the case may be, 17; (d) in any case where sub-paragraph (c) does not apply, a statement confirming whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated. (4) The information referred to in paragraph (2)(g)(iii) is— (a) in a case where the change control application is received on a day which is before the first notice under regulations 9(3) or 17(3) is received in relation to the original application, a statement confirming that the first notice under regulations 9(3) or 17(3) was not given before the change control application was submitted; (b) in a case where the change control application is received on or after the day on which the first notice under regulation 9(3) or 17(3) is received and regulation 9(3A) or 17(3A) did not apply to that notice and has not applied to any notice under regulation 9(3) or, as the case may be, 17(3), a statement which— (i) includes the applicable planning information within the meaning of regulation 9 or, as the case may be, 17; (ii) explains how the levy charging conditions are not met; (c) in any other case, a statement which— (i) confirms whether or not the applicable planning information previously provided continues to be correct and if it is not, the statement must include the applicable planning information as updated; (ii) explains how the levy charging conditions are not met. (5) Where a change control application is required to include a statement under paragraph (3) or (4)(b) or (c), the client must send evidence as to the matters set out in the statement together with a statement identifying the application to which the evidence relates to the collecting authority on the same day that the change control application is made to the regulator. (6) For the purposes of paragraph (2)(g), the “levy charging conditions” are that— (a) the change control application is received on or after the day on which the first notice under regulations 9(3) or 17(3) is received in relation to the original application, (b) the building work to which the updated application relates would result in a new building which includes residential floorspace, an existing building which includes residential floorspace where previously it had none (whether by extension or change of use), or an existing building with an increased total area of residential floorspace (whether by extension or change of use), (c) the building work to which the application relates is, or is anticipated to be, major residential development or is part of a wider development which is, or is anticipated to be, major residential development, and (d) the named client or, if there is more than one named client, each of them, in relation to the application is not an exempt person.