Introduction

Building control has adopted this policy to make sure that individuals, businesses, and others can understand what to expect from our registered building inspectors (RBIs) while attempting to improve compliance in terms of The Building Regulations 2010 (as amended).

There are many good designers and contractors, and when work is carried out in accordance with the regulations there may be no need to refer to this enforcement policy.

The Building Safety Act 2022 (BSA22) provides powers for the Building Safety Regulator (BSR) to:

• oversee the safety and standards of all buildings
• help and encourage the built environment industry and building control professionals to improve their competence, which must be validated
• lead implementation of the new regulatory framework for high-rise buildings

The role of the Building Safety Regulator

The Building Safety Regulator (BSR) have a series of escalating sanctions and enforcement measures. They use these to maintain standards and deal with poor performance around the regulation of the building control profession. This sets out how the BSR will conduct investigations.

The BSR also publish findings on the performance of Building Control Bodies (BCBs), which are a regulated profession. This approach will help BCBs efficiently plan and deliver their functions to consistently high standards.

The BSR clarifies roles and responsibilities, including those of duty holders, to make sure that buildings are safe and compliant. It sets out a risk-based approach to building control functions that BCBs and their professionals will be expected to adopt. This also reflects the risk-based approach the BSR will take as the building control authority for higher-risk buildings. 

In England, the BSR has a code of conduct for registered building inspectors (RBIs) and professional conduct rules for registered building control approvers (RBCAs).

BCBs are regulated by:

• the operational standards rules (OSR) for BCBs in England
• key performance indicators
• data reporting requirements and frequency

The enforcement approach from the BSR will:  

• exercise its powers in line with regulatory best practice
• take a consistent and proportionate approach
• target enforcement activity in cases where action is needed
• work closely with existing regulators such as local authorities and fire and rescue authorities

According to the Building Act 1984 (BA84) Section 91ZA/B, the BSR is the building control authority for higher-risk buildings (HRBs) in England. HRBs are buildings with 7 or more storeys or are 18 metres or higher, and either:  

• have at least 2 residential units
• are hospitals or care homes (during design and construction)

The BSR assess whether duty holders are considering building safety and regulatory compliance.

The BSR has a range of enforcement powers throughout the design and construction of an HRB development, and the enforcement powers under the BSA22 and the BA84 will be a matter for the BSR. Any building work to an HRB (new build or existing) will mean an application to the BSR before work can begin. They are the building control authority in England (as outlined above). 

The local authority will then have the formal enforcement powers for all other types of buildings and building work, covered under The Building Regulations 2010 (as amended) and the BA84.

The remaining sections in this policy relate to non-HRB buildings, with the exception of  dangerous structures and dilapidated buildings.

Local authority enforcement

The work of building control includes:  

• processing building regulations applications and checking plans for compliance
• inspecting work under construction
• controlling building demolition, dealing with dangerous structures, and securing empty properties
• the preparation and enforcement of general and special safety certificates and the enforcement of fire safety standards for sports stadia and certificated stands in sporting venues

Building control is responsible for using a range of Acts of Parliament and Statute Laws. “Enforcement” means action carried out in the exercise of, or against the background of, these Acts and Laws. This includes studying documents, reviewing drawings and making inspections of premises to check compliance with legislation.

Local Authority Building Control teams can also take formal enforcement action. This may escalate through a staged process that involves more formal correspondence, the issue of legal notices, and prosecution.