New Building Control Legislation Effective from 1st October 2023
New Building Control Legislation Effective from 1 October 2023
Changes to the Building Act 1984, as amended, and the Introduction of the Building Safety Act 2022
Background and What Has Changed
In 2023, the Government introduced amendments to the requirements of the Building Regulations. These changes apply to all Initial Notices submitted from 1 October 2023 onwards.
In addition, a new regulatory body was introduced to oversee the new building control regime. The Building Safety Regulator (BSR) became operational under the Health and Safety Executive (HSE) from 6 April 2024.
As of 27 January 2026, the BSR became a standalone body under the Ministry of Housing, Communities and Local Government (MHCLG).
Dutyholders – Compliance Declarations
From 1 October 2023, the new dutyholder regime applies to all controllable building work requiring Building Regulations consent, except for certain minor works that are either not notifiable or are exempt from the Building Regulations.
Under Regulation 18 of The Building (Registered Building Control Approvers etc.) (England) Regulations 2024, a Compliance Declaration must be submitted to Active BCS, acting as a Registered Building Control Approver, by all dutyholders before a Final Certificate can be issued.
Once Active BCS receives the required compliance declarations, completed, signed and dated, we will acknowledge receipt before issuing the Final Certificate.
Dutyholders include the:
Client
Principal Designer
Principal Contractor
As of 7 October 2025, under the Building Regulations etc. (Amendment) (England) Regulations 2025, Active BCS has the authority to assess missing statements for completed works from the Client.
If a Client is unable to obtain the required declarations from the Principal Designer or Principal Contractor, the Client must provide a reasonable written statement to Active BCS explaining the full circumstances. Active BCS will then consider whether to accept the statement or begin formal proceedings.
Download a copy of the Compliance Declaration Form
Registered Building Control Approvers
All Registered Building Control Approvers must be registered with the Building Safety Regulator, which is responsible for issuing the licence to operate.
Active BCS is required to comply with the Building Safety Regulator’s Operational Standard Rules and Professional Conduct Rules in order to maintain its approval and continue operating as a Registered Building Control Approver.
Registered Building Control Approvers are corporate organisations operating in the private sector to provide building control services.
Registered Building Control Approvers, such as Active BCS, are regulated by the Building Safety Regulator and provide advice and guidance to clients in relation to the Building Regulations.
As a Registered Building Control Approver, Active BCS provides a proactive, client-focused service designed to make the building control approval process clearer and more straightforward.
A Registered Building Control Approver works with the Client throughout the construction process. This includes providing advice and checking that building work is carried out in accordance with the Building Regulations.
This process includes:
plan checking;
site inspections;
statutory consultations where applicable;
issuing a Final Certificate upon satisfactory completion of the works.
When you appoint Active BCS, we will notify the relevant Local Authority of your proposed building work through an Initial Notice.
The Initial Notice allows Active BCS to act as the Building Control Body for your project.
As part of this role, Active BCS will carry out a plan check before works start, undertake statutory sewer and fire consultations where applicable, inspect the work during construction, and issue a Final Certificate once the works have been satisfactorily completed and all required information has been received.
Registered Building Inspectors
Registered Building Inspectors, also known as RBIs, are qualified building control professionals regulated by the Building Safety Regulator. They are listed on a statutory register.
Registered Building Inspectors assess plans and inspect construction work as restricted activities to check compliance with the Building Regulations.
The role of the Registered Building Inspector became mandatory for many professionals under the Building Safety Act 2022 from 1 October 2023, with the aim of improving building safety, particularly for higher-risk buildings.
Registered Building Inspectors may work for Local Authorities or private Registered Building Control Approvers.
They must pass competency assessments and be registered with the Building Safety Regulator from 6 April 2024.
Contact
Active BCS
Email: info@activebcs.co.uk
Website: www.activebcs.co.uk
Get in Touch
Phone: 01217942109
Mobile: 07470000885
Email: info@activebcs.co.uk
Address:
146 the CIBA Building, Suite 203 N 2nd floor, Hagley Road, Birmingham B16 9NX, UK.
© 2026. All rights reserved to Active BCS.
Forms and Procedures
Company Number 16519824