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For all ongoing building projects, there are some key steps to comply with by 6 April 2024 to stay within the Building Safety Act transitional arrangements.

Will your project still be a "transitional project" after 6 April 2024?

6 April 2024 is a key milestone in the transition to the full Building Safety Act regime. For existing and on-going projects, there are some important steps that must have been complied with by 6 April 2024 for those projects to remain within the existing transitional arrangements.

Higher-Risk Buildings: will your building works be "sufficiently progressed"?

Clients or developers developing new Higher-Risk Buildings or undertaking major works to an existing higher-risk building will be required to comply with the building (Higher-Risk Buildings Procedures) (England) Regulations 2023 unless:

  • prior to 1 October 2023 the client or developer has given the Initial Notice under s.47 Building Act 1984 to the local authority, and the local authority accepted (or deemed accepted) the Notice and/or deposited full plans with the local authority;
  • the Initial Notice remains in force on 6 April 2024 and has not expired or been cancelled before that date; and 
  • the works are "sufficiently progressed" before 6 April 2024.

For new Higher-Risk Buildings, "sufficiently progressed" is when the pouring of concrete for that building has started in relation to the permanent placement foundations or piling. For works to existing Higher-Risk Buildings, "sufficiently progressed" is when the works have started.

The local authority must be notified of this progress within five working days of the works being deemed sufficiently progressed, and in any event before 6 April 2024

Non-Higher-Risk Buildings: have your building works started?

The Building Regulations etc. (Amendment) (England) Regulations 2023 also have their own transitional arrangements. In respect of non-Higher-Risk Building work, a significant number of the new Building Regulations requirements, including the new competency requirements relating to the principal designer and principal contractor role, do not apply to building work where:

  • a building notice has been given to a local authority or where full plans were deposited with the local authority in relation to the work, in either case before 1 October 2023; or 
  • the work started before 1 October 2023,

but the project will fall out of these transitional arrangements if building works have not started by 6 April 2024. 

Has your building control professional registered?

Under the Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023, building control becomes a registered profession on 6 April 2024. In addition to the above, an approved inspector for current building work must have registered by 6 April 2024 for the work to continue to benefit from the transitional arrangements and remain under private sector building control.

For further information please contact:  Assad Maqbool, Katie Saunders, Andy Waite.

Building Safety – How we can help you

At Trowers, we have been at the forefront of the Building Safety regime from the start. Our dedicated group of specialist lawyers are committed to helping clients impacted by the Building Safety Act to navigate the new legislative and competency frameworks.