Planning permission is not the regulator's permission to start building work. [1] [2]
Which buildings are in the design-and-construction regime?
The government guidance covers buildings at least 18 metres high or with at least seven storeys which contain at least two residential units, as well as qualifying care homes and hospitals. It includes detailed definitions and exclusions, so both the dimensional and use tests need to be checked. [1]
The design-and-construction definition is not identical to the occupation regime. Nor is it the same as the threshold for second stairs in Approved Document B. Avoid using “high-rise”, “seven floors” or “18m building” as an informal substitute for a recorded classification assessment. [1] [3]
Additional storeys or a change to an existing building can also require a fresh assessment. The government expressly directs such projects to the relevant existing-building criteria rather than assuming that the building keeps its previous status. [1]
Approval comes before the relevant work
The client must ensure the necessary building control approval application is made to the regulator. An appointed agent can handle the submission, but this does not remove the client's responsibility. The application requires the relevant plans and prescribed information, not just a copy of the planning decision. [2]
Set the submission strategy alongside the design programme. Where staged work is proposed, the regulator's staged-application arrangements need to be followed; a construction programme divided into phases does not itself establish approval for each stage. [2]
Design changes need control
The regulator's guidance distinguishes controlled changes and sets out when further approval is required. Major changes must not be implemented on the assumption that an amended drawing can be sent afterwards. Record the change, its implications and the applicable notification or approval route before construction proceeds. [2]
Keep the contractor, designers and client working from the same approved information. A product substitution or altered layout should be reviewed for its effect on the compliance case, not treated solely as a procurement decision.
From 2 September 2029, Approved Document B removes references to BS 476 for fire-resistance classification, subject to the published transitional arrangements. The fire-resistance specification must use the guidance edition applicable to the proposed building work. [6]
Completion and occupation are separate checkpoints
The process includes an application for a completion certificate, with the required declarations and evidence. For residential buildings within the occupation regime, registration is also required before residents occupy. Do not treat practical completion under the building contract as proof that these statutory steps have been completed. [2]
From 1 October 2026, the regulator's guidance also addresses the Building Safety Levy. Where the development falls within its scope, prescribed information is required and the relevant payment or no-charge position must be resolved for completion certification. The levy does not apply simply because a building carries the HRB label; its own scope and exemptions must be assessed. [2] [4]
Keep the classification review live
Government's published criteria guidance includes a notice dated 28 May 2025 announcing a clarification about roof gardens and storey counting. For a borderline building, ask the designer to identify the applicable legislation, measurement basis and status of that clarification rather than relying on a simplified counting rule. [1]
The Future Homes Standard also has separate HRB commencement and transitional arrangements from 24 September 2027. Include them in the technical compliance schedule. Obtain specialist advice where classification or transitional protection is uncertain. [5]