Approved Inspector role replaced by Registered Building Control Approvers under the Building Safety Act

Changing the Approved Inspector role to Registered Building Control Approvers (RBCAs) is just one example of the wide ranging and complex changes that have been made by the Building Safety Act 2022 (BSA) and associated secondary legislation.

The legislature has shown some leeway by allowing extensions and transitional periods for businesses to change over to the new regime. 

Here, Solicitor Gareth Martin in our construction law team explores the role of the new RBCAs and how to determine which regime that a construction project should operate under during the transition period.

BSA and the Building Safety Regulator

The BSA is primary legislation enacted to create systemic change around building safety within the construction industry. The groundbreaking legislation reformed the Building Act 1984 (BA 1984) through general principals brought into force through secondary legislation (regulations).

In October 2023, the BSR was introduced through Part 2 of the BSA. The objectives of the BSR are to secure the safety of people in and around buildings and to improve all building standards. The BSR intends to achieve this by encouraging improvements to competency in the industry, by keeping safety, risks and standards of all buildings under continual review and by managing a rigorous regime for higher risk buildings (HRBs).

Approved Inspector role replaced by Registered Building Control Approvers

One of the changes introduced by the BSA was the commencement of registration for the new role of RBCAs to replace the role of approved inspector.

In order to facilitate this change, on 6 April 2024 the Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023/906 (the old regulations) were revoked by Part 8 of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024/110. 

On the same date, the Building Safety Act 2022 (Commencement No.7 and Transitional Provisions) Regulations 2024 (SI 2024/104 (C.7)) brought into force various provisions of the BSA including the transfer of approved inspectors to RBCAs. 

As a result, all approved inspectors needed to register with the BSR before 6 April 2024. However, due to concerns raised within the construction industry, HSE extended this registration period by 13 weeks to 6 July 2024 in England.

The role of the RBCA for non-higher-risk buildings

The new RBCA role for non-higher-risk buildings (non-HRBs) will include:

• advising on how building regulations will apply to the building works
• checking plans
• attending site to inspect works throughout the duration of the project — with the authority to cancel an initial notice if they’re not satisfied
• issue a plans certificate (if applicable)
• issue a final certificate.

How do these changes impact non-HRB projects that started before 1 October 2023?

Under Regulation 20 of the old regulations, any initial notices that were submitted and approved (under s.47 of BA 1984) before 1 October 2023, are not subject to the new regime. Therefore, the role of approved inspector will be retained for these projects through to completion.

There were some exclusions to this, including where: 

• there had been a lapse of three years from initial notice approval to commencement of works
• the initial notice had been cancelled due to the approved inspector no longer being able to act (or if there had been a contravention of any provision of the building regulations) under section 52 of BA 1984.   

The new regime also applies in circumstances when an initial notice had been approved prior to 1 October 2023, but works had not started on or before 6 April 2024.

Does this also apply in Wales?

The new role of the RBCA will also take effect in Wales from 6 April 2024. However, the Welsh Government has committed to a phased introduction of changes to the building control regime which will continue until April 2025. At the time of writing, the full roadmap of dates has not been published to achieve this objective and at present this doesn’t include the duty holder requirements for the appointment of a principal contractor and principal designer or the additional regulatory requirements relating to HRBs that apply in England.   

Furthermore, as the registration for the new RBCA role in Wales only opened in January 2024, a six-month extension relating to building control professionals has been granted. This allows those building inspectors registered with the BSR as ‘class 1 or higher’ prior to the 6 April 2024 deadline to continue their duties on any existing projects until 1 October 2024.

RBCA responsibilities for HRBs under the Building Safety Act

In England, a HRB is one that is at least 18 metres in height or has at least seven storeys and containing at least two residential units. In Wales, under the HRB Wales Regulations 2023 this definition is very similar, except this applies where there is at least one residential unit and not two — making this scope slightly wider. 

The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023/909 (the HRB Regulations) set out the technical and administrative detail of how gateways two and three operate in relation to new and existing HRB’s. In England, the HRB Regulations follow a similar, but slightly more complex process to those outlined above for non HRBs. 

In order for the old regime to remain in effect for any new or existing HRBs an initial notice or full plans must have been made or deposited to a local authority (and approved) before 1 October 2023.  However, as well as this, under Schedule 3 the works must also have been ‘sufficiently progressed’ and a notice (confirming this) must have been received by a local authority before 6 April 2024.

The meaning of ‘sufficiently progressed’ is defined in the HRB Regs for an existing HRB as when the works have started. For a new HRB this is provided as ‘when the pouring of concrete for the permanent placement of the trench, pad or raft foundations, or the permanent placement of piling, for that building has started’.

Provided that the above conditions are met, any existing or new HRB project will be able to continue through to completion under the old regime.

The role of the RBCA varies depending on whether the project involves a HRB or non-HRB. For example, the RBCA will report to the BSR for HRBs and a Local Authority for non-HRBs. Additionally, the RBCA will require specialised training and higher levels of competency when working on HRBs. While working on non-HRB requires standard record-keeping practices, a HRB requires comprehensive, detailed and digital records in line with the golden thread of information. 

How to prepare for the changes

It’s prudent that all contracts and appointments are updated to reflect the appropriate regimes and requirements so that all parties understand their obligations. Companies operating across the UK must also be aware of the differences between the phased approaches in England and Wales. 

RBCAs and Approved Inspectors may consider the following to prepare for the changes:

• Familiarise themselves with the new regulations.
• Seek to enhance professional competence through training and engage in ongoing professional development.
• Audit existing procedures to identify where areas require updates to align with the new regulations.
• Collaborate with the BSR to receive updates on the legislation and provide feedback for improvements. 
• Utilise industry resources and participate in networks, forums and webinars to share knowledge and stay updated.  

Talk to us

If you’d like to understand how any of the above changes will affect you and your business, or for assistance with bringing any documents up to date in line with the changes brought in by the BSA, please contact our multidisciplinary building safety team.

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