Part 3: Building Act 1984 Building control authorities and building regulations Section 33: Building regulations Effect
This section inserts new provisions into Schedule 1 to the Building Act 1984 to provide powers for building regulations to set:
procedural requirements relating to building control and the issue of notices and certificates (new paragraph 1A);
procedures relating to applications for building control approval, and for requirements to be imposed on approvals (new paragraph 1B);
approval of schemes whose members can issue certificates, and provision about those certificates and schemes including insurance (new paragraph 1C);
requirements on giving, obtaining or keeping of information or documents (new paragraph 1D);
requirements for the establishing of a system relating to mandatory occurrence reporting (new paragraph 1E);
the form and content of documents and information to be provided with building control applications (new paragraph 1F);
inspection and testing (new paragraph 1G);
powers for building control authorities to extend prescribed timescales for deciding applications with the agreement of the applicant (new paragraph 1H); and
rights to appeal decisions, appeal requirements and procedures (1I).
	The Building Safety Regulator will be the building control authority for higher-risk buildings and buildings covered by a regulator’s notice in England (see section 32), new sections 91ZA and 91ZB), and local authorities will be the building control authority for other buildings; in some cases the building control authority in Wales will be a designated local authority, rather than the local authority for the area in question (see section 32, new section 91ZD).
	The new regulatory regime will introduce procedures and requirements for new higher-risk buildings as they are designed and built, and for building work carried out on them. Proposals for new higher-risk buildings will go through a gateway process, and proposals for building work on existing higher-risk buildings will go through a refurbishment process, each of which will be laid out in building regulations.
	Procedures similar to the current building control routes will continue to be available for buildings not in scope of the more stringent regime where a local authority is the building control authority, namely deposit of plans or issue of a building notice. Procedures for these are currently set out in Part 3 of the Building Regulations 2010 as amended. This section will provide the powers to make changes to these existing requirements, including the information to be provided, consultation with fire and rescue authorities and sewerage undertakers, building control approvals, including with requirements, notification of when stages of work commence, and issue of completion certificates when work has completed.
	Schedule 5 makes consequential repeals and amendments to relevant provisions in the Building Act 1984.