Refurbishments: factsheet
Updated 5 April 2022
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This publication is available at https://www.gov.uk/government/publications/building-safety-bill-factsheets/refurbishments-factsheet
What are we going to do?
Residents and occupants of must remain safe, and feel safe from building safety risks, when building work is carried out and completed in their building (refurbishment).
We are introducing a more stringent regulatory framework which will strengthen building control oversight of prescribed refurbishments:
- before building work starts to assess whether proposals comply with building regulations and assure building safety;
- during building work, including through inspections at key stages, and the requirement for major changes from the original proposal to be approved by the Building Safety Regulator before they are made; and
- on completion of building work to check compliance with building regulations requirements before a completion certificate is issued.
The new regime will require building control approval to be obtained from the Building Safety Regulator as the building control body for these buildings before starting prescribed building work. It will work closely with local authorities and fire and rescue authorities, bringing in external technical experts as necessary when making decisions on applications.
It will be an offence to carry out prescribed building work without approval from the Building Safety Regulator which will have robust enforcement powers to deal with contraventions.
How are we going to do it?
Provide certainty about requirements to be met when building work is carried out in high-rise residential buildings, care homes and hospitals which are 18 metres or more, or at least seven storeys in height.
The Building Safety Bill amends the Building Act 1984 to allow the different requirements for prescribed refurbishments in these buildings to be set out in building regulations.
Dutyholders will need to have the skills, knowledge, experience and behaviours necessary to perform their roles competently and in compliance with building regulations.
We will continue working with the Joint Regulators Group and industry groups to develop detailed policy relating to prescribed refurbishments in these buildings. Regulations will then be made using secondary legislation and will be subject to consultation once the Building Safety Bill has gained Royal Assent.
Ensure requirements are proportionate to the expected impact of the building work on building regulations compliance, including building safety.
Refurbishments vary significantly in scale and impact on building safety, from the replacement of a window to the addition of storeys, and are initiated in different ways, from a building owner improving communal areas to a resident improving their own flat. The specific requirements that must be met for each project will therefore be proportionate to the expected impact of the proposed refurbishment on building regulations compliance and building safety.
Where the scale and impact is significant, applicants will submit a building control application to the Building Safety Regulator with plans and all prescribed documents. The application must demonstrate how the proposal complies with building regulations and must not rely on unreasonable assumptions such as the management and maintenance of the building or behaviours and characteristics of residents or other users.
Where the scale and impact is minor, applicants will alternatively submit a building control application to the Building Safety Regulator with plans and only prescribed documents they deem relevant. This will ensure that applicants are not subject to disproportionate or inappropriate requirements. The Building Safety Regulator will be able to request further prescribed documents and refuse applications if they are not provided.
The approach to categorising significant and minor refurbishments in these buildings and the corresponding requirements for each will be consulted on and set out in regulations after the Building Safety Bill has received Royal Assent.
During prescribed building work
During prescribed building work, dutyholders will be subject to ongoing requirements, including duties around co-operation, co-ordination, communication and competence. They will also have to follow new statutory change management requirements where changes from the approved building control application occur, with Building Safety Regulator approval needed before significant changes can go ahead. The Building Safety Regulator will carry out inspections at key stages of building work to provide appropriate regulatory oversight.
Confidence that completed building work complies with building regulations and that building owners have the information they need to manage building safety
On completion of building work, an application must be submitted to the Building Safety Regulator for assessment with ‘as-built’ plans and relevant prescribed documents. It will inspect the building work and a completion certificate will be issued if it is satisfied that it complies with building regulations. This should provide confidence to residents, occupants and those responsible for managing the building that it is safe upon completion of the building work.
Accurate, up to date information about the completed building work must also be handed over to the person(s) responsible for the building (Accountable Person(s) in the case of high-rise residential buildings). They will be required to identify and assess building safety risks and take reasonable steps to reduce and control them on an ongoing basis, including when a refurbishment is proposed and carried out, with the Principal Accountable Person setting out a summary of their approach through [Safety Case] (https://www.gov.uk/government/publications/building-safety-bill-factsheets/safety-case-factsheet) Reports.
Building Safety Regulator oversight of Competent Person Scheme building work in these buildings
Certain types of building work can be carried out under an authorised Competent Person Scheme, where the incidence of risk of these types of building work is considered low. This allows the installer to self-certify that the work complies with building regulations. To ensure proportionality and to align with the existing approach to Competent Person Schemes, we expect that it will not be necessary to submit a building control application seeking permission to carry out the work, but the Building Safety Regulator as the building control authority for these buildings must be notified within 30 days of completion of the building work. It can decide whether to inspect the building work as it will have enforcement powers if the work contravenes the building regulations.
Background
Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety identified that there were weaknesses at key points in the design, construction, and refurbishment process of what she defined as higher-risk residential buildings.
Through the Building Safety Bill and forthcoming legislation, we will take robust steps to address the concerns and implement the recommendations by strengthening the building control regime. This will apply to high-rise residential buildings, care homes and hospitals which are 18 metres or more, or at least seven storeys in height and will instil industry culture change. The introduction of new processes for prescribed refurbishments in existing these buildings is a critical part of this.
How does this approach to refurbishments differ from existing practice?
The Building Safety Regulator will be the building control body for high-rise residential buildings, care homes and hospitals which are 18 metres or more, or at least seven storeys in height. It will not be possible for applicants to choose the building control body that oversees their building work.
Building control approval must be obtained before starting almost all building work, including where refurbishments are carried out. It will be an offence to breach this.
Building control applications for significant refurbishments will include new prescribed documents – some of which may also be relevant for minor refurbishments.
The approach to categorising significant and minor refurbishments and the corresponding requirements for each will be set out in secondary legislation.
Why aren’t refurbishments subject to the Gateways process?
A different approach is needed for building work in existing high-rise residential buildings, care homes and hospitals which are 18 metres or more, or at least seven storeys in height, particularly as many will remain occupied while work is carried out and the safety of occupants must be assured.
Refurbishments vary in scale and impact from the replacement of a window to adding storeys, and can be initiated by residents, landlords, freeholders or building owners. A one-size-fits-all approach is therefore not appropriate or proportionate.
We intend that the requirements that must be met will be proportionate to the scale and potential impact of the work, including the impact on building safety.
How will you ensure requirements are proportionate?
In line with existing practice, certain types of building work may be carried out under a Competent Person Scheme where installers self-certify their work as building regulations compliant.
We intend that where a building control application is needed, the level of information required will depend on the scale and potential impact of the building work, including the impact on building safety, to ensure proportionality.
The approach to categorising significant and minor refurbishments and the corresponding requirements for each will be set out in secondary legislation.
How will you impose a change control process to ensure the switch in cladding material, like at the Grenfell Tower tragedy, won’t happen again?
All changes during construction, such as a change to cladding material, will have to be recorded, evaluated and evidenced to demonstrate compliance with building regulations.
Significant changes will need Building Safety Regulator approval before they can take place and it will have enforcement powers where breaches occur. Details of the statutory change control process for high-rise residential buildings, care homes and hospitals which are 18 metres or more, or at least seven storeys in height will be set out in secondary legislation.
The refurbishment application will be assessed against building regulations requirements. What about the safety case duties for the building – will the safety case report also have to be reviewed?
Before carrying out prescribed building work in high-rise residential buildings, care homes and hospitals which are 18 metres or more, or at least seven storeys in height, applicants will have to submit a building control application to the new Building Safety Regulator, which will be assessed against building regulations.
The Principal Accountable Person and/or relevant Accountable Person(s) in high-rise residential buildings will also have an ongoing duty to assess and manage building safety risks, including considering the impact of planned building work.
They must revise the safety case report where the assessment of, or measures in place to manage building safety risks change. They should inform the Building Safety Regulator when the report is revised and it will have the power to call in the report for review.
How will residents be involved in decisions about refurbishments in their building?
Under the new regime, those responsible for high-rise residential buildings will have to actively engage with and listen to residents on the safety management of their building.
They will need to produce a Residents’ Engagement Strategy setting out how they will promote the participation of residents in the decision-making about building safety risks in their building. This includes when building work is to be carried out.
Will a high-rise residential building have to be re-registered with the Building Safety Regulator after a refurbishment has been carried out?
Building registration is a one-off process. However, an Accountable Person will be required to inform the Building Safety Regulator of key updating information. If the building becomes unoccupied – for example, because it is decanted during a major refurbishment then the Building Safety Regulator may remove the building from the register.