Circular 03/2024

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MINISTRY OF HOUSING, COMMUNITIES AND LOCAL GOVERNMENT

Housing Communities and Local Government Circular

Ministry of Housing, Communities and Local Government 2 September 2024

THE BUILDING ACT 1984

THE BUILDING REGULATIONS 2010

APPROVED DOCUMENT B, VOLUME 1 & VOLUME 2

•AMENDS APPROVED DOCUMENT B, VOLUME 1

•AMENDS APPROVED DOCUMENT B, VOLUME 2

Circular number

03/2024

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INTRODUCTION

1.I am directed by the Secretary of State to draw your attention to the withdrawal of the notices of approval and withdrawal made on 29 March 2024 in relation to Approved Document B (Fire Safety), volume 1: Dwellings and volume 2: Buildings other than dwellings and the publication of new amendments to those documents.

2.The amended Approved Document will come into force on 2 March 2025 in the circumstances set out in the formal notice of approval in Annex B

3.The purpose of this Circular is to:

a.Draw attention to the amendments made to Approved Document B (Fire Safety);

b.Announce the approval of the amended Approved Document.

APPLICATION OF THE CHANGES TO THE APPROVED DOCUMENT

4.The changes made to the Approved Document only apply to buildings and building work in England.

TRANSITIONAL ARRANGEMENTS

5.The withdrawal of the notices of approval and withdrawal made on 29 March 2024 takes effect immediately.

6.The changes to the guidance take effect on 2 March 2025.

7.However, the 2019 edition incorporating the 2020 and 2022 amendments will continue to apply where a building notice or an initial notice has been given to, or a building control approval application with full plans has been made to, the relevant authority before 2 March 2025 and either the building work to which it relates:

a.has started and is sufficiently progressed before that day; or

b.has started and is sufficiently progressed within the period of 6 months beginning on that day.

Note that ‘building notice’, ‘initial notice’ and ‘building control approval application with full plans’ have the same meanings as in the Building Regulations 2010.

8.For the purpose of the transitional arrangements set out above, building work is to be regarded as ‘sufficiently progressed’:

a.where the building work consists of the construction of a building, when the pouring of concrete for the permanent placement of the trench, pad or raft foundations has started, or the permanent placement of piling has started; or

b.where the building work consists of work to an existing building, when that work has started; or

c.where the building work consists of a material change of use of a building, when work to effect that change of use has stated.

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APPROVED DOCUMENT

9.Approved Document B (Fire Safety) (2019 edition incorporating the 2020 and 2022 amendments) has been revised to include updated guidance on the introduction of a Sprinkler in all new care homes, and to remove the national classification for reaction to fire.

10.Annex A to this Circular gives the Withdrawal of Notices issued on 29 March 2024 and Annexes B and C to this Circular give the Notice of Approval for the amended Approved Document and the Notice of Withdrawal of previous editions of the amended Approved Document, subject to the transitional provisions.

11.Copies of the amended Approved Documents are available from:

https://www.gov.uk/government/collections/approved-documents, or

RIBA https://www.ribabookshops.com/

ENQUIRIES

12.All enquiries on matters covered by this Circular should be addressed to:

Ministry of Housing, Communities and Local Government

Fry Building

2Marsham Street

London SW1P 4DF

Tel: 0303 444 0000 E-mail: buildingassurance@communities.gov.uk

Signed:

John Palmer

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ANNEX A –Withdrawal of Notices

Building Act 1984

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ANNEX B – Notice of Approval

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ANNEX C – Notice of Withdrawal

Building Act 1984