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

9 Notice before starting on site and further notice when work is “commenced”

(1) This regulation applies where building control approval for HRB work or building control approval for a stage of HRB work is granted under regulation 7 (building control approval applications for HRB work or stage of HRB work: decisions). (2) At least five working days before the day on which the HRB work or the stage of HRB work starts, the client must give a notice to the regulator setting out their intention to start the work and the date that work is to start. (3) Not more than five working days after the day on which the HRB work is to be regarded as commenced the client must give a notice to that effect to the regulator. (3A) Subject to paragraphs (3B) and (3C), where the work 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), a notice under paragraph (3) must also— (a) if the levy charging conditions are met , but subject to sub-paragraph (c)— (i) include a statement setting out the number of dwellings, if any, that would be provided as a result of the building work to which the building control approval application for HRB work or the building control approval application for a stage of HRB work relates which are within any of sub-paragraphs (a) to (c) of regulation 8(1) of the BSL Regulations, (ii) include a statement setting out the levy charging information, in accordance with regulation 17B, in relation to the building control approval application for HRB work or the building control approval application for a stage of HRB work to which the notice relates, (iii) include a statement setting out the applicable planning information, (b) if the levy charging conditions are not met , but subject to sub-paragraph (c)— (i) include a statement setting out the applicable planning information, (ii) include a statement explaining how the levy charging conditions are not met, ... (c) if a statement required under sub-paragraph (a) or (b) has been given previously in relation to the building work to which the building control approval application for HRB work or the building control approval application for a stage of HRB work relates, include a statement to that effect instead of the statement. (3B) Where a notice under paragraph (3) is required to include a statement under paragraph (3A)(a) or (b), 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 notice under paragraph (3) is sent to the regulator. (3C) Where, in relation to the work referred to in paragraph (3A), no statement under regulation 17A(1)(c) to (f) has previously been required, the notice under paragraph (3) must include whichever of those statements under regulation 17A(1)(c) to (f) that is applicable. (4) If the regulator is not satisfied the work is to be regarded as commenced it must give the client a notice to that effect (“rejection notice”) within four weeks of the date the notice under paragraph (3) is given, and the rejection notice must give the reasons for rejection. (5) Where a notice is given under paragraph (3) and the period referred to in paragraph (4) expires without a rejection notice being given, then the work is to be regarded as commenced. (6) If the client accepts the rejection notice they may not give a further notice under paragraph (3) unless, having regard to the reasons given by the regulator, they are satisfied the work is to be regarded as commenced. (7) The client may appeal to the First-tier Tribunal against the decision of the regulator to reject the notice provided the appeal is made within 21 relevant days beginning with the day after the day on which the regulator gives the rejection notice. (8) The First-tier Tribunal may allow an appeal under paragraph (7) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the decision was unreasonable; (d) that the decision was made without following the procedures set out in the 1984 Act or regulations made under that Act. (9) Where a notice under paragraph (2) or (3) is given by someone on behalf of the client, the notice must include a statement signed by the client confirming they agree to the notice being given and that the information contained in it is correct. (10) The regulator may take such steps, including— (a) requiring information; (b) laying open of work for inspection, as it thinks appropriate to check whether the work is to be regarded as commenced. (11) For the purposes of paragraphs (3) to (10) the provisions of regulation 46A (lapse of building control approval: commencement of work) of the 2010 Regulations apply to determine whether work is to be regarded as commenced. (12) In this regulation— (a) the “levy charging conditions” are— (i) the building work to which the building control approval application for HRB work or a building control approval application for a stage of HRB work 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), (ii) 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 (iii) 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; (b) subject to sub-paragraph (c), “applicable planning information” is— (i) where a statement under regulation 17A(1)(a) stated that planning permission is not required, a statement confirming whether or not that remains the case and if it has changed setting out details of the change; (ii) where a statement under regulation 17A(1)(a) stated that section 33 of the Planning Act 2008 applied, a statement confirming whether or not that remains the case and also identifying the development consent under section 31 of the Planning Act 2008 and if it has changed setting out details of the change; (iii) where regulation 17A(1)(b)(i) or (iv) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, a statement confirming that information identifying the planning permission or prior approval have already been provided and if the planning permission has changed since the time that application was made the statement must set out details of the planning permission as updated; (iv) where regulation 17A(1)(b)(ii) or (iii) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, information identifying the planning permission granted; (v) where regulation 17A(1)(b)(v) or (vi) applied to the building control approval application for HRB work or the building control approval application for a stage of HRB work at the time that application was made, information identifying the prior approval and how the prior approval requirement is satisfied, but where the planning permission expressly provides for the development to be carried out in phases the reference in paragraph (iii) and (iv) to the planning permission is a reference to the planning permission for the particular phase or phases of the development to which the building control approval application for HRB work or the building control approval application for a stage of HRB work relates; (c) if, at the date the applicable planning information is to be included in a notice or application, no statement under regulation 17A(1)(a) or (b) has previously been required, then the “applicable planning information” is whichever of those statements under regulation 17A(1)(a) or (b) that is applicable, as updated; (d) for the purposes of paragraph (b), a prior approval requirement is satisfied, in relation to a development, if the outcome of the prior approval application is that— (i) prior approval is given or is deemed to be given, or (ii) the local planning authority has determined prior approval is not required (where local planning authority has the meaning given in section 336 of TCPA 1990).