Important changes to building regulations in 2023

Incoming building regulations changes

Whether you’re new to the construction industry or highly knowledgeable, you probably know all about building regulations and approval.

These sorts of regulations are there to ensure UK buildings meet the high safety standards expected by the government.

Naturally, this also means that such regulations are always subject to change. And as of October 1^st, 2023, several new amendments have been made to the Building Safety Act 2022.

Take a look below to see exactly what these new building regs are, so you can stick to them.

Updates to building safety regulations in 2023

On top of the suite of changes to building regulations as of 2022, UK building regulations have redefined higher-risk buildings.

Expanding the definition under the Building Safety Regulator to encompass a wider selection of buildings in order to improve safety.

• Higher-risk buildings, under UK law, now include buildings that are 18 metres in height or more than 7 storeys tall
• Alongside side this, such a building must contain at least two residential units, though it does not include the rooftop

Therefore, as higher-risk buildings, such construction projects must now include adequate health and safety protection.

This is to bring them into compliance with previous new building regulations outlined in 2022.

What defines a building as ‘higher-risk’?

Under new UK building regulations changes, a higher-risk building can be defined from 3 categories:

1. What will the building be used for – does the building meet the included or excluded categories laid out under the new building regulations?
2. What is the legal definition of the building – how do the building definitions outlined in the new regulations apply to your building?
3. What is its height and storeys – does the building meet or exceed the heights outlined under the new thresholds?

For example, if a building exceeds the new threshold limits, but does not contain 2 residential blocks, it will not be considered ‘higher-risk’.

Of course, this is a top-level view of the new regulations.

You can find more information on what qualifies as a higher-risk building under the new government guidelines. And learn more about it in the new 2023 regulations documents directly.

Changes to fire safety

Alongside Building Safety Act changes around risk, there were also recent updates to building fire safety.

However, there are four core criteria all buildings must meet:

• Provide escape routes from the home
• Restricting the spread of fire to or from neighbouring homes
• Restricting or preventing the spread of fire inside a home
• Providing essential access for the fire brigade.

Why are there so many new building regulations?

Besides wanting to increase building safety, there are several reasons behind the new Building Safety Act changes.

For starters, uplifts around ventilation have come into effect from Public Health England data on indoor air pollution.

While the bulk of the building regulation changes in 2022 were part of the government roadmap for the 2025 Future Homes Standard.

A key part of this standard is that all new builds are zero carbon ready.

This is all to support the UK’s bid to deliver net zero carbon emissions by 2050.

According to figures from the Department for Business, Energy & Industrial Strategy, heating and powering buildings currently account for 40% of the UK’s total energy usage.*

But by implementing new building regs that help reduce the need for heat and power in buildings, the UK can make great strides towards its carbon-zero ambitions.

Previous changes to building regulations

Other new building regulations comprise:

• Uplifts to Approved Document L
• Additions to Conservation of Fuel and Power
• Changes to Approved Document F
• Creation of Approved Document O, Overheating
• New Approved Document S (Infrastructure for charging electric vehicles)

Below are some of the key changes to be aware of within these Building Safety Act changes:

1. Reduction of carbon emissions in domestic new builds by 31%

From 15th June 2022, new build homes will need to produce at least 31% less carbon emissions.

The government sees the installation of electric central heating systems as an enabler of this, particularly when combined with a renewable energy source such as solar. Heat pumps are also getting strong support as part of the Future Homes Standard.

2. Reduction of carbon emissions in non-domestic new builds by 27%

New non-domestic builds will need to produce at least 27% less carbon emissions. Again, the installation of low-carbon heating technology is seen as the best route to achieve this.

3. New metric for measuring energy efficiency

‘Primary energy’ will be used to measure the efficiency of a building’s heating. As well as the energy used to deliver fuel to the building. And even the efficiency of the power station supplying the electricity.

4. New minimum efficiency standards

In new domestic builds, the new U-value for walls will be 0.18W/m², 1.4 (Window Energy Rating Band B) for windows and roof lights, and 1.4. for doors.

In non-domestic builds, there’s a lowered U-value of 0.26W/m² K for walls and the majority of new windows and curtain walls must achieve 1.6.

5. New maximum flow temperature

New and replacement heating systems in both domestic and non-domestic builds must have a max flow temperature of 55°C.

6. Heating and lighting system efficiency

Existing non-domestic buildings must improve the efficiency of heating and hot water boiler systems through the installation of new controls.

In new non-domestic buildings, the minimum lighting efficacy will be raised to 80 luminaire lumens per circuit watt for display lighting. And 95 luminaire lumens for general lighting.

7. Ventilation and indoor air pollutants

Background trickle ventilators will be recommended in non-domestic buildings. Along with the requirement for installation of CO2 monitors in offices. The new guidance will also stipulate a recommended minimum air supply rate of 0.5 l/s.m².

8. Fabric Energy Efficiency Standard (FEES)

The FEES level in new homes will be set by a ‘full fabric specification’. And SAP compliance will now be applied to extensions built on existing properties.

9. Prevention of overheating

The new Approved Document, Approved Document O, introduces glazing limits in newly built homes, care homes, schools and student accommodation. This is to reduce unwanted solar heat.

It also stipulates new levels of cross-ventilation required to remove excess heat.

10. Electric vehicle charging points

The new Approved Document S requires all domestic new builds to have the preparatory work completed for the future installation of an electric vehicle charge point.

How has the industry reacted?

To get a feel for the impact of the new regs on the industry, we spoke to Checkatrade member, Emma Kemp. Director of i-Furb and a construction industry project manager with over 10 years in the field. Emma had this to say:

“We are aware of these new building regulations; however, we only work with experienced and knowledgeable architects who design plans for our customers that meet current building regulations and observe future regulations, which means our builds are always compliant.

“We stay in constant communication with the customer and architect throughout the build to review all plans and share any amendments, however, it is the customer’s choice to incorporate future requirements into a current build, as we are only required to build in line with the current regulations.”

Emma explained how the new building regulations will impact her customers, particularly on new builds and renovations:

“They will need to cover the costs of many of the required changes that impact insulation efficiency etc. This could be as simple as investing in triple glazing or reducing the size of their bi-fold doors.

“Typically customers will have to make informed decisions to achieve compliance with these new regulations, and they will need to include this in their initial budgeting.”

Transitional arrangements for new regulations

While the amended regulations and accompanying Approved Documents came into force on 15 June 2022, the government has stipulated transitional arrangements to support businesses and homeowners with compliance:

“The changes will not apply in relation to building work where a building notice or an initial notice has been given to, or full plans deposited with, a local authority before 15 June 2022, provided that the building work is started before 15 June 2023.

“In some cases, applications will be in respect of a number of buildings on a site, for example, a number of houses. In such cases, it is only those individual buildings for which work is commenced which can take advantage of the transitional provisions.”

Builders and construction companies do need to be aware that the transitional phase came to an end in 2024.

Another key change from April 2024 is the introduction of the Building Safety Regulator, which will oversee the regulation of building inspectors and building control professsionals.

How Checkatrade could help your construction business

Hopefully, you should now have a much better idea of the new building regulations. And how they could impact your business. But you want to maintain a steady flow of work to ensure you can put the new regs into practice.

With over 1.3 million searches for building related jobs on our site in 2024**, there’s a lot of existing customer interest to discover.

As people are searching all the time for building work in their homes, maybe this is the time for you to come on board with Checkatrade?

As well as job leads for builders, we can also help you with the following:

• Optimised business profile
• Offers and discounts on business essentials like tools, materials and workwear
• Dedicated trades app (for job management, quoting/invoicing and more)
• Support from membership advice team
• Guarantee for jobs (up to £1,000 value – T&Cs apply)
• Savings on the cost of public liability insurance

Get in touch with our team today to learn more about what Checkatrade can do for you.

Building regulation FAQs

What is the 2-year building regs rule?

The two-year building regs rule allows for a person who has carried out work that contravenes building regs to be prosecuted up to two years after the completion of the work.

Are building regulations enforceable after 10 years?

A local authority can enforce building regulations at any time after a building’s construction. There is no enforcement time limit.

How long before building regs are not required?

Building regulation compliance will always be required in a building, be it domestic, non-domestic, a new build, or an extension.

A local Council is well within its rights to enforce building regulations and prosecute the appropriate person for breaking them at any time after the project has finished.

Do new building regulations apply to existing buildings?

Some do. In existing buildings, regulations will typically apply to new build extensions or the installation of new materials or technology.

* Figures quoted by the Department of Business, Energy, & Industrial Strategy, in Policy Paper (updated 2021, since withdrawn from policy – accessed here)
** Internal search data from users of the Checkatrade.com website in 2024