Building Regulations and Fire Safety Procedural Guidance – England and Wales Compliance Framework
The Building Regulations and Fire Safety Procedural Guidance is the fifth edition of the framework published in March 2015 by Local Authority Building Control (LABC) and the Fire Sector Federation (FSF). It establishes the standard procedures for building work in England and Wales where the Building Regulations 2010 and the Regulatory Reform (Fire Safety) Order 2005 apply simultaneously. The guidance provides a model for consultation between Building Control Bodies and Fire Safety Enforcing Authorities to ensure that fire safety measures are incorporated during the design and construction phases, reducing the need for remedial work upon occupation.
The document's scope covers the interaction between statutory building control and the ongoing fire safety management of occupied premises. It defines regulatory domains including means of escape, early warning systems, fire spread, and access for the fire and rescue service as outlined in Part B of Schedule 1 to the Building Regulations. Key structural elements of the guide include the coordination of the Design Phase, Construction Phase, Completion Phase, and Occupation Phase. It also clarifies the application of Regulation 38, which governs the handover of fire safety information to the Responsible Person.
The following sections detail the specific responsibilities of applicants, building control inspectors, and fire authorities, alongside the statutory timelines and documentation required for compliance throughout the development lifecycle.
Division of Statutory Responsibility
The guidance identifies two primary bodies responsible for fire safety oversight during different stages of a building's life.
- Building Control Bodies: Responsible for checking compliance with the Building Regulations 2010 during design and construction. This includes local authority building control and Approved Inspectors.
- Fire Safety Enforcing Authorities: Responsible for enforcing the Fire Safety Order 2005, which concerns the safety of persons in relation to the operation and use of non-domestic buildings once occupied.
- The Applicant: The person responsible for obtaining approval and supplying information, often the developer, owner, or an agent such as an architect.
Building Control Procedures and Consultation
The document specifies which application routes are mandatory for projects subject to fire safety legislation.
- Full Plans Procedure: Mandatory for buildings where the Fire Safety Order applies or will apply after completion. This requires formal approval of constructional details.
- Building Notices: Unsuitable for commercial work or buildings subject to the Fire Safety Order; these can only be used for domestic work.
- Initial Notice: A document jointly submitted by an Approved Inspector and the person carrying out the work to the local authority to suspend the authority's statutory building control role.
- Statutory Time Limits: Local authorities have 5 weeks (or 2 months by agreement) to pass or reject plans under Section 16 of the Building Act 1984.
Regulation 38 and Information Handover
A critical component of the completion phase is the transfer of 'as built' fire safety information.
- Regulation 38 Requirements: The applicant must provide a package of fire safety design information to the Responsible Person no later than the date of completion or occupation.
- Certification Restrictions: Building control bodies are advised not to issue Completion Certificates or Final Certificates until they have written confirmation that the Regulation 38 information has been provided.
- Fire Strategy: A record of the rationale behind the fire safety design of the finished building, which assists the Responsible Person in conducting a suitable Fire Risk Assessment.
Determinations and Alterations Notices
The guidance outlines legal mechanisms for resolving disputes and managing high-risk premises.
- Section 16(10) Determinations: Applicants can seek a determination from the Secretary of State or Welsh Ministers if they disagree with a building control body regarding plan conformity.
- Article 36 Determinations: Applicable when the Responsible Person and the fire authority cannot agree on measures to remedy a failure under the Fire Safety Order.
- Alterations Notices: Served under Article 29 of the Fire Safety Order for high-risk premises, requiring the Responsible Person to notify the fire authority before making changes to the building or use.
Frequently Asked Questions
Can a Building Notice be used for commercial fire safety projects?
No, a Building Notice application is not suitable for work where the Fire Safety Order 2005 applies; a Full Plans application must be used.
What information must be provided under Regulation 38?
The applicant must provide 'as built' fire safety information relating to the design, construction, services, and equipment that will assist the Responsible Person in operating the building safely.
Who is the Responsible Person according to the Fire Safety Order?
The Responsible Person is defined as the employer for a workplace or the person in control of the premises (such as the occupier or owner) for other types of buildings.
How long does the Fire Authority have to comment on building plans?
The Fire Safety Enforcing Authority should provide comments in writing to the building control body within 15 working days.
What happens if an Initial Notice for an Approved Inspector is not rejected within 5 days?
If the local authority has neither accepted nor rejected the Initial Notice within five days of submission, it is deemed to be accepted.
Do Approved Inspectors have the power to dispense with Building Regulations?
No, only the local authority has the power to relax or dispense with a requirement of the Building Regulations under Section 15 of the Building Act 1984.
What is the grace period for an Initial Notice if no Final Certificate is issued?
The Initial Notice ceases to have effect 4 weeks after occupation (extended to 8 weeks for buildings consisting solely of flats), after which building control usually reverts to the local authority.
