Key Facts

• The clause provides an alternative route for applicants if the Building Safety Regulator does not make a decision within the required timeframe.
• The Secretary of State or a person appointed by them can make decisions on applications in such circumstances.
• Applicants are encouraged to work with the Building Safety Regulator to ensure timely decisions and extensions.
• Clause 37 provides more effective powers for building control authorities.
• Compliance and stop notices tackle non-compliance with building regulations during design and build stages.
• Breach of compliance or stop notices is punishable by an unlimited fine and/or up to two years' imprisonment.
• Clause 37 aims to strengthen powers for regulators and local authorities.
• The clause seeks to ensure remediation work is compliant from the outset.
• There are concerns about delays caused by stop notices issued during transactions.
• Clause 37 applies to buildings below 18 metres.
• The Building Safety Regulator will use clause 37 for enforcement purposes in in-scope buildings.
• Local authorities can use the powers in the clause for buildings they are responsible for.
• Clause 38 will provide stronger deterrents against breaching building regulations.
• Custodial sentences are introduced for directors or managers found complicit in non-compliance.
• The two-year limit on prosecution has been removed, enabling authorities to prosecute breaches of building regulations even when they come to light later.
• Enforcement period under section 36 of the Building Act is extended from one year to ten years.
• The clause reinforces personal liability for corporate officers to uphold building safety.
• Corporate identity cannot be prosecuted once it has dissolved, but individual company directors or managers can still face prosecution.
• Part 3 of the Bill addresses insurance, risk assurance, and personal indemnity insurance.
• Clause 40 enables revocation of provisions in building regulations made under section 2(2) of the European Communities Act 1972.
• The clause treats building regulations made using powers from both the Building Act 1984 and the European Communities Act as a 'combined instrument'.
• Clause 40 will allow for the future homes standard to require buildings to be at least 75% more carbon efficient starting in 2025.
• Amendment 18 addresses the need for Welsh Ministers’ duty to co-operate and power to share information to be cascaded down where their functions are delegated.
• Amendments remove limitations on cooperation and information sharing between Welsh fire and rescue authorities, local authorities, and fire inspectors for all buildings in Wales.
• A new registration regime will require building control professionals to register with a regulatory authority in England (Building Safety Regulator) or Wales (Welsh Ministers).
• Clause 41 aims to establish a new unified building control profession.
• It requires minimum levels of demonstrated competence for different types of buildings.
• Discussions are ongoing with Welsh Ministers, other Departments, and the Health and Safety Executive regarding transitional arrangements.
• Clive Efford was previously a London taxi driver.