Chapter 10
Gateways – Completion Certificates
This chapter – at a glance
- Part 5 of The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, referred to in this chapter as the Regulations.
- Part 5 – Completion Certificates
- Applications
- Validity and Time Limit
- Statutory Consultation
- Inspections
- Decisions
- Partial Completion Certificates
Part 5 – Completion Certificates
Part 5 introduces a more rigorous process at the end of the works for assessing whether work has complied with the Building Regulations and sets out how to apply for a completion certificate to approve the works (referred to as a Gateway 3 application). A completion certificate must be granted by the BSR before the HRB can be occupied, so the Gateway 3 application and the completion certificate are a vital stage in the gateway process.
Applications
- Regulation 40 sets out in detail the various information that must accompany a Gateway 3 application, including the location and height of the building and a statement signed by the client confirming that (to the best of their knowledge) the HRB complies with the applicable Building Regulations and that all handover information has been provided to the relevant person in accordance with Regulation 38.
- Regulation 40(2)(f) also requires the Gateway 3 application to be accompanied by a compliance declaration issued by each principal contractor and each principal designer.
- Regulation 40 does not apply to scheme work, exempt work, or emergency repairs (as defined in the Regulations).
Validity and Time Limit
Essentially this Regulation 40 mirrors the regulations at the building control application stage (Regulation 5, 13 and 22) – it sets out the time the BSR will take to validate a completion certificate application. Regulation 41(1) confirms that the BSR has 8 weeks to acknowledge and determine the application (this reflects the same timeframe permitted for non-HRBs under regulation 17 of the Building Regulations).
Statutory Consultation
Under Regulation 42 there is now a process in place to allow for a statutory consultation to take place whereby the relevant enforcing authorities for the Regulatory Reform (Fire Safety) Order 2005 or the sewerage undertaker before a completion certificate is determined. Regulation 42(2) requires the BSR to wait 15 days from the start of the consultation process to determine the application unless all relevant views have been received prior to the end of the 15-day period in which case the application can be determined at that stage.
Inspections
Regulation 43 sets out that the BSR must inspect a completed building to assess that it complies with all applicable requirements before it can determine an application for a completion certificate.
Decisions
If the above has all been meet, then the application must be approved by the BSR and where the BSR is not satisfied that an element of the application process has been met then the application must be rejected. If it is rejected, the BSR is expected to give reasons for its decisions.
When the application is approved then Regulations 44(6) sets out that a copy of the completion certificate and the notice of the decision must be provided. It should be noted that Regulation 42(7) states that the completion certificate can serve as evidence that all application requirements of the Building Regulations have been met, but it is not conclusive evidence. As has been made clear, the Building Safety Act expects various persons/entities to hold accountability for ensuring that the building meets Building Regulations.
If there is a new HRB being constructed, then it must not be occupied prior to the completion certificate being issued by the BSR – if it is occupied before then it will be a criminal offence.
Partial Completion Certificates
Regulations 45 allows for an application to be made for a partial completion certificate where a part of a building has been completed and is ready for occupation.
The application for partial completion requires all the same documents as an application for a full completion certificate but in addition an applicant must describe the building work that remains to be carried out elsewhere in the building and must submit a “partial completion strategy” (further described at Schedule 1 paragraph 6 of the Regulations in the example documents sections).
The remaining requirements of inspection, consultation, and the time period for the BSR to determine the application mirror those of a completion certificate for an entire building. Similarly, if any residential unit is occupied prior to a completion certificate is issued then that is a criminal offence – a partial completion certificate would permit occupancy of the units within the section certified as complete.
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