What This Requirement Covers
Building Regulations compliance is overseen by Building Control Bodies. In England, there are two types: local authority building control departments and Registered Building Control Approvers (RBCAs, formerly known as Approved Inspectors). The Building Safety Act 2022 introduced the new term and registration requirements, but both types provide the same fundamental service.
Key Requirements
Local Authority Building Control (LABC)
- Every local authority has a building control department
- LABC is the default building control body; if no other arrangement is made, the local authority has jurisdiction
- LABC processes both full plans applications and building notices
- LABC issues completion certificates for the work they have inspected
- LABC has enforcement powers, including the ability to require removal of non-compliant work
- Fees are set by each local authority
Registered Building Control Approvers (RBCAs)
- RBCAs are private sector companies registered with the BSR to carry out building control functions
- Before the Building Safety Act, they were known as Approved Inspectors and were registered by CICAIR (Construction Industry Council Approved Inspectors Register)
- Under the new regime, all private sector building control bodies must register with the BSR
- RBCAs operate on a commercial basis and compete for work
- When an RBCA is appointed, an initial notice is submitted to the local authority, transferring building control functions to the RBCA
- The RBCA issues a final certificate on completion, which the local authority is obliged to accept
Differences
| Aspect | LABC | RBCA |
|---|---|---|
| Appointment | Automatic (default) | Must be appointed by the client |
| Notification | Full plans or building notice | Initial notice to LABC |
| Fees | Set by authority | Negotiable, market-based |
| Enforcement | Can enforce directly | Must refer to LABC for enforcement |
| Completion | Completion certificate | Final certificate |
| Continuity | Guaranteed (public body) | Risk of company ceasing to trade |
Higher-Risk Buildings
Under the Building Safety Act 2022, neither LABC nor RBCAs can act as the building control body for higher-risk buildings. The Building Safety Regulator (BSR) is the sole building control authority for HRBs.
Practical Compliance Tips
- For domestic work, the choice between LABC and an RBCA is often based on cost, speed of response, and personal preference
- For commercial projects, RBCAs may offer more flexibility in terms of site inspection scheduling
- Always check that an RBCA is properly registered with the BSR before appointing them
- If an RBCA ceases to trade during the project, the building control function reverts to the local authority; ensure you have copies of all inspection records
- For higher-risk buildings, you must apply to the BSR directly; do not submit to LABC or an RBCA
- Consider the ongoing availability of the building control body for queries after completion
- Retain all correspondence, inspection notes, and certificates from the building control body as part of the building records