Non-determination applications for higher-risk buildings procedures: applying to the Secretary of State
Changes to Section 30(A) of the Building Act 1984.
Applies to England
Introduction
The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 include provisions through which specified applications may be determined by the Secretary of State. This is in instances where a decision has not been issued by the Building Safety Regulator within the required timeframe and where an extension has not been agreed. These applications, known as non-determinations applications, are made to the Secretary of State under section 30A of the Building Act 1984.
Summary
The new building control regime, introduced through the Building Safety Act 2022, makes the Building Safety Regulator (the Regulator) the building control body for all building work carried out on or to create higher-risk buildings and requires regulatory approval before building work can begin.
To help ensure there are no undue delays to building work, statutory timescales have been introduced for the Regulator to issue a decision. Where the Regulator has not issued a decision within the statutory timescale, and no extension has been agreed with the applicant, a non-determination application can be made for the following prescribed applications:
- a building control approval application for higher-risk building work
- a building control approval application for a stage of higher-risk building work
- a building control approval application for work to an existing higher-risk building
- a change control application
- a completion certificate application
- a partial completion certificate application
How to apply
Applicants wishing to apply to the Secretary of State for a non-determination application must email the Ministry of Housing, Communities and Local Government via hrb.non-determinations@communities.gov.uk for full instructions on how to submit their application.
Once a non-determination application has been made to the Secretary of State, applicants will be unable to agree on a new extension with the Regulator for the case in question or request the non-determination process to stop and return the application to the Regulator for a decision.
Non-determination applications made to the Secretary of State have no statutory timeframe within which a decision must be made.
For non-determination applications to be considered valid to receive a determination decision by the Secretary of State, they must meet all the following criteria:
- the original application submitted to the Building Safety Regulator has not been issued a decision within the statutory timescale or within an agreed extension, and no extension or further extension has been agreed with the applicant
- the applicant must make the non-determination application to the Secretary of State within 6 weeks from the day after the expiry date of the original application with the Regulator
- the applicant must inform the Regulator of their intention to make a non-determination application to the Secretary of State. This notification must be given to the Regulator at least 2 working days before submitting the non-determination application.
When applying for a non-determination application to the Secretary of State, please include in the email enquiry all the following information:
- the application reference number provided by the Regulator from the original application
- the type of application (e.g. a building control approval application for higher-risk building work, change control application etc.)
- the date the Regulator should have decided the original application by, including the end date of any agreed extension
- proof that the Regulator has been given two working days’ notice before applying to the Secretary of State
Please note, this email address is for non-determination applications only, responses will not be provided to other inquiries.
Updates to this page
Published 17 January 2024Last updated 5 August 2024 + show all updates
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Added section on How to apply.
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First published.