HSE publishes letter clarifying BSR approach

Philip White, Chief Inspector of Buildings and Director of Building Safety at the HSE, has published a letter on the use of BS 9991 in relation to applications for Building Control Approval, which is supported by an advisory note from the CLC. They include the following transitional dates:

  •  Planning applications made from the date of publication of the CLC advisory note on 17th March 2025 should use BS 9991:2024
  • Gateway Two applications where a project has previously progressed a design using BS 9991:2015 are required to state how and why the building work remains compliant with the Building Regulations
  • From 30 September 2026 Gateway Two applications should use BS 9991:2024

The letter states that the Building Safety Regulator (BSR) expects applicants to give clear reasons for adopting the approach taken and explain how the design achieves compliance with the Building Regulations. BSR will take into account the timing of the application and changes to guidance or standards during its development. 

Designers will need to ensure a level of safety at least equivalent to that provided by Approved Document B taking into consideration any associated transitional arrangements. 

In all case, the BSR will remain pragmatic when considering HRB building regulations applications.

Building control providers for other types of building are not bound by the approach of BSR and may set their own policies and processes when considering applications.