New Legislation – relating to higher-risk buildings, including a consequential amendment to the CIL Regulations 2010 (01/10/2023) …

The following 1 new Statutory Instrument (SI) comes into force on 01/10/2023:

New Legislation:

  • October 2023: SI 2023 No. 909 - The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (pdf) (link).


  • The above SI 2023 No. 909 includes a consequential amendment to the following SI:
    - CIL Regulations 2010.
  • In particular, regulation 64 of the above SI 2023 No. 909 amends the definition of "compliance certificate" within regulation 2(1) of the CIL Regulations 2010 to include a reference to "regulation 44 (completion certificate applications: decisions) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023".
  • The "Explanatory Note" (link) at the end of the above SI 2023 No. 909 includes the following information:
    - "Section 91ZA of the Building Act 1984 (as inserted by section 32 of the Building Safety Act 2022, which is to come into force on 1st October 2023, provides for the regulator to be the building control authority in relation to any higher-risk building in England and any proposed higher-risk building.".
    - "The requirements in the Building Regulations 2010 continue to apply to higher-risk buildings. Amendments (to be made elsewhere) to those Regulations disapply most of the procedural requirements in those Regulations, consequently procedures in this instrument [SI 2023 No. 909] apply instead.".
    - "Part 7 of [SI 2023 No. 909] defines exempt work, gives the regulator the power by direction to require an application to be sent to it via a specified method, and also sets out those provisions in relation to which a stop notice under section 35C of that Act may be given. Part 7 [of SI 2023 No. 909] also includes consequential amendments to the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541); the Community Infrastructure Levy Regulations 2010 (S.I. 2010/948); and the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (S.I. 2023/753). Schedule 3 to [SI 2023 No. 909] sets out transitional, supplementary and saving provisions in relation to projects for higher-risk building work for which plans were deposited or initial notices given before 1st October 2023.".

Updates to the Planning Jungle website: