In September, attendees at InSite 2024 heard from a range of fascinating speakers. One of which was Senior Policy Advisor Laurence Hodgson from the Health and Safety Executive (HSE).
Delegates were given the opportunity to ask each speaker questions at the end of each session.
Due to the overwhelming number of questions we had following the HSE presentation, we were unfortunately unable to answer every question.
Here, Josh Paulin, the Operational Policy Advisor at the HSE, answers all of the questions that we didn’t have time to answer on the day.
Can the difference in opinion on the definition on HRBs be resolved?
We would need further context about this difference in opinion. The definition of a higher-risk building can be found in section 120D of The Building Regulations 2010, and regulation 2 of The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. Guidance can be found at Guidance on the criteria for being a higher-risk building - GOV.UK (www.gov.uk)
Does minor work or alterations need to go through the BSR as well?
Anything which meets the definition of building work (Regulations 3 of The Building Regulations 2010) would need an application to BSR unless it is exempt work or wholly Scheme work. Often, minor works and simple repairs would not meet the definition of building work and would not therefore need an application to BSR, but it is worth seeking the advice of a professional if unsure.
There was a reported issue with processing times for submissions. Is this working ok now?
BSR is continuing to identify areas where we can stabilise and improve the new building control approval process for higher-risk buildings, and operational contingency measures have been put in place following an unexpected increase in applications which led to some delays in processing. While in part this backlog has been due to an unexpected increase in applications coming into BSR, we are also experiencing high numbers of applications which are incomplete or are unclear, making them unsuitable for approval.
Is the BSR considering offering pre-application advice in the future (perhaps a on a paid for basis?)
No, there are no plans for BSR to offer a pre-application advice service.
Are you seeing final construction drawings and named products in areas that were traditionally performance specified, like MEP and curtain walling?
We are seeing a mix of approaches, but we would expect to see finished drawings that adequately demonstrate how the functional requirements of the building regulations are intended to be met. Naming specific products is not a requirement.
Where can developers turn for advice on ensuring applications are successful?
There is guidance on the GOV.uk application portal, but the best place to look are the regulations themselves. The Building (Higher-Risk Building Procedures) Regulations 2023 lists the documents required for different types of application, and Schedule 1 in those regulations tells you what should be included in each document. The majority of applications that fail, fail because they haven’t provided us with sufficiently detailed documents to demonstrate compliance with the functional requirements of the Building Regulations.
What is the BSR's view on developers who are appointing themselves as Principal Designer or Principal Contractor and the provision on Competency statements?
The appointment of PDs and PCs is the duty of the client, and these roles have defined duties and responsibilities under Part 2A of the Building Regulations 2010. As long as these legal duties are met, and the obligations to make suitable arrangements to plan, manage and monitor a project are undertaken, BSR does not take a view on who is appointed.
If we know a building is likely to require a partial occupation, when should this be raised with the BSR?
Where an applicant is proposing to occupy part of a building before completion of all the HRB work, a partial completion strategy is required at Gateway 2, so as part of the building control approval application.
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Every care was taken to ensure the information in this article was correct at the time of publication (September 2024). Guidance provided does not replace the reader’s professional judgement and any construction project should comply with the relevant Building Regulations or applicable technical standards. For the most up to date Premier Guarantee technical guidance please refer to your Risk Management Surveyor and the latest version of the Premier Guarantee Technical Manual.
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