Making changes to a higher-risk building project
What you must do before changing a project that has been approved by the Building Safety Regulator.
Applies to England
Assess and record changes
The documents you uploaded as part of your building control application are known as the ‘agreed documents’.
You must comply with the agreed documents throughout the build. Any change to these documents are known as a ‘controlled change’. You must:
- manage and assess each change in accordance with your change control plan
- record each change in your change control log
Notifiable changes: tell BSR
You must tell BSR before starting any work involving a notifiable change.
Changes that could impact compliance with building regulations are known as notifiable changes. Notifiable changes are changes to :
- the construction control plan
- the change control plan
- the layout or dimensions within an individual residential unit that does not impact the dimensions of the common parts
- the number or dimensions of any openings in a wall, ceiling or other building element for any pipe, duct or cable
- a wall tie, wall restraint fixing or support system in any wall, excluding external walls, or proposed walls
- any other change to the fire and emergency file or fire compliance statement
- the partial completion strategy, if you submitted one as part of the building control approval application
- the staged work statement or a subsequent stages statement, when a new building is being constructed in stages
If you replace a product or building element with something that:
- is of the same, or higher specification or class, then it is a recordable change and you must record it in your change control log
- has a different reaction to fire specification, even it is higher, it may be a notifiable change and therefore you must tell BSR about it
Stopping building work for notifiable changes
You must submit a notifiable change to BSR before:
- the change is carried out
- any building work related to the change starts
Once you submit the change, you can proceed with the work.
BSR may request further information about the change. You do not have to stop building work while you are responding to this request.
You must stop building work related to a notifiable change if BSR tells you that you should have applied for a major change instead.
Major changes: get approval from BSR
You must get approval from BSR before making any major changes.
Major changes undermine the basis by which the project was approved.
A material change of use of any part of the proposed building is classed as a major change. For example, changing units from commercial to residential use.
If you need a partial completion strategy after the application has been approved without one, you must apply for a major change.
Examples of other major changes include changes to:
- the car parking, when part of the proposed building either becomes or stops being a car park
- the external height or width of the building
- the number of storeys, including mezzanine floors
- the number, width or length of staircases or other escape routes including evacuation lifts
- the external walls including a wall tie, wall restraint fixing or support system in the walls
- any part of the active or passive fire safety measures referred to in the fire and emergency file
- the layout or dimensions of the common parts
- a product, if you intend to replace it with one that has a lower reaction to fire specification and performance classification than specified in the building control approval application
- any assumptions made in the design as set out in the building regulations compliance statement
- the number of residential units or commercial units
- the structural design or structural loading of the building
Stopping building work for major changes
Before carrying out any major change you must:
- stop any building work relating to the proposed change
- submit a major change application and have BSR approval for the change
You must not carry out a major change or start building work related to it until the work is approved by BSR.
Other changes
You must tell BSR about any:
- change of client, principal designer or principal contractor
- changes in contact details associated with the application, including the email address you use to access the online application
How to submit changes to BSR
You should use the online service to manage a building control application to:
- submit a notifiable change
- change the client, principal designer or principal contractor
- apply for approval for a major change
When you use the online service you’ll need both:
- the building control approval application reference
- access to the email address used for the original building control approval application
To change the contact details associated with the application, including the email address you use to access the online application, contact your case officer.
For some changes, you may also need to get planning permission. If you’re not sure, check with your local authority.
Information to submit to BSR for a notifiable or major change
For each change, include a brief description of the change and why you consider it to be a notifiable or major change.
You’ll need to tell BSR:
- why you are making the change, for example, a change of design approach or availability of materials
- all the advice you sought, even if it disagrees with your proposal
- who gave the advice, their occupation and contact details
- which agreed documents the change affects
Upload copies of any updated agreed documents which are affected by the change.
Upload a compliance explanation. This must explain how the building will comply with all relevant building regulations after the change is made.
To change the client, principal designer or principal contractor, upload the compliance declaration from the outgoing client, principal designer or principal contractor.
BSR will send an email confirmation to the client, principal designer and principal contractor when they receive a change notification or major change application.
Multiple changes
If you want to make multiple:
- notifiable changes that are related to each other, you can submit them in one change notification
- major changes that are related to each other, you can submit them in one major change application
- major changes and notifiable changes that are related to each other, you can submit them in one major change application
If changes are not related to each other, you must submit them separately. If you include unrelated changes in a single change notification or application and BSR rejects one of the changes, then all changes will be rejected.
If a change affects more than one building control approval application, you must submit the change for each building control approval application.
New buildings constructed in stages
For staged building applications, submit separate change notifications or applications for each stage. You must update all affected agreed documents for each of the stages.
Major changes: application decisions
Unless an extension is agreed, BSR will take up to 6 weeks to assess major change applications.
You do not need to contact BSR while your application is being assessed. BSR will contact you if they need any further information.
You must not start building work related to a major change application before it is approved by BSR.
Application validation
When BSR receives your major change application, they check to make sure the required information has been submitted. If any information is missing BSR may:
- ask you to supply the missing information
- reject your application
An application that contains all the required information is deemed valid, and will progress to the assessment stage.
A validated application does not mean that the application has been approved.
Approved
Building work related to the major change can start as planned.
Approved with requirements
Building work can start as planned on the parts of the major change application approved by BSR.
You must not start building work on any parts of the application that are subject to a requirement, until BSR is satisfied the requirement has been met.
Examples of requirements are BSR telling you to:
- supply additional information, such as providing further plans or details to clarify certain aspects of the application
- supply revised plans to address changes and concerns raised by BSR
- delay certain aspects of building work until you can demonstrate specific requirements are met
Rejected
A major change application will be rejected if it shows that the work will not comply with building regulations.
It will also be rejected if it does not:
- have enough detail to demonstrate compliance
- demonstrate effective strategies for managing compliance
You must not start building work related to the major change if the application is rejected.
Request a review of an application decision
If you disagree with an application decision you can request a review. Details about how to request a review will be included in the decision letter.
If after the review you still disagree with the decision, you can appeal to a First-tier Tribunal.
Charges
The charges for requesting to make changes to a higher-risk building project are set out in the BSR charging scheme (on hse.gov.uk).