Citation, commencement and extent

1.—(1) These Regulations may be cited as the Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026 and come into force on the 21st day after the day on which they are made.

(2) These Regulations extend to England and Wales.

Amendments to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

2. The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023(2) are amended in accordance with regulations 3 to 10.

Amendments to regulation 13 (invitation by the Secretary of State to apply for membership)

3. In regulation 13—

(a)in paragraph (1)(a), for “does not fall within” substitute “falls within the categories of person described in”;

(b)in paragraph (3), for “does not fall within” substitute “falls within the categories of person described in”.

Amendment to regulation 15 (request for an invitation to apply for membership)

4. In regulation 15, in paragraph (1), for “does not fall within” substitute “falls within the categories of person described in”.

Amendment to regulation 16 (applications for volunteers)

5. In regulation 16, in paragraph (1), for “does not fall within” substitute “falls within the categories of person described in”.

Omission of regulation 30 (notice of prohibition)

6. Omit regulation 30.

Amendments to regulation 33 (building control prohibitions)

7.—(1) Regulation 33 is amended as follows.

(2) In paragraph (4)—

(a)after sub-paragraph (a) insert—

“(aa)an application for building control approval with full plans made under regulation 14 of the Building Regulations 2010;”;

(b)for sub-paragraph (e) substitute—

“(e)a notice under regulation 16(4) or (5) of the Building Regulations 2010 (notices in relation to building work);”.

(3) In paragraph (6), for sub-paragraph (a) substitute—

“(a)a notice granting or rejecting an application for building control approval with full plans made under regulation 14A of the Building Regulations 2010;”.

(4) In paragraph (8)—

(a)for sub-paragraph (a) substitute—

“(a)an application for building control approval with full plans made under regulation 14 of the Building Regulations 2010;”;

(b)for sub-paragraph (f) substitute—

“(f)a notice under regulation 16(4) or (5) of the Building Regulations 2010 (notices in relation to building work);”.

Amendments to regulation 34 (exception to the building control prohibition: emergency repair work)

8.—(1) Regulation 34(3) is amended as follows.

(2) For paragraph (1) substitute—

“(1) Where an applicable person proposes to carry out building work which consists of emergency repair work then, subject to paragraph (2), the provision by that person of—

(a)a building notice pursuant to regulation 12(8) of the Building Regulations 2010, or

(b)a notice pursuant to regulation 16(4) of those Regulations,

is not to be treated as a breach of a building control prohibition.”.

(3) After paragraph (1) insert—

“(1A) Where paragraph (1) applies, the local authority is not prohibited from giving the applicable person a certificate under regulation 17 (completion certificates) of the Building Regulations 2010.”.

(4) In paragraph (2)(a), after “satisfied;” insert “and—”.

Amendments to regulation 35 (exception to building control prohibition: work to occupied buildings)

9.—(1) Regulation 35(4) is amended as follows.

(2) In paragraph (1) omit sub-paragraph (a).

(3) In paragraph (1)(b) omit “or”.

(4) After paragraph (1)(b) insert—

“(ba)giving an amendment notice within the meaning of section 51A of the Building Act 1984 (variation of work to which initial notice relates); or”.

(5) Omit paragraph (2).

(6) After paragraph (3) insert—

“(3A) Where an amendment notice is given pursuant to paragraph (1), the local authority is not prohibited from giving the applicable person a notice accepting or rejecting that amendment notice under section 51A of the Building Act 1984.”.

(7) In paragraph (4)(a)—

(a)for paragraph (i) substitute—

“(i)a notice under regulation 16(4) of the Building Regulations 2010 (notices in relation to building work) in relation to the work;”;

(b)for paragraph (ii) substitute—

“(ii)a notice under regulation 16(5) of the Building Regulations 2010 (notices in relation to building work) in relation to the work;”.

(8) After paragraph (4) insert—

“(4A) Where paragraph (4) applies, the relevant authority is not prohibited from giving the person a completion certificate under regulation 17 (completion certificates) or regulation 17A (certificate for building occupied before work is completed) of the Building Regulations 2010 in relation to the work.”.

(9) After paragraph (5A) insert—

“(5B) Where paragraph (4) applies, the local authority is not prohibited from giving the person a notice accepting or rejecting that plans certificate under section 50 of the Building Act 1984.”.

Amendments to regulation 36 (exception to building control prohibition: purchasers)

10.—(1) Regulation 36(5) is amended as follows.

(2) In paragraph (1), after “an applicable person” insert “or a purchaser”.

(3) In paragraph (2)(a), for paragraph (ii) substitute—

“(ii)there is a purchaser;”.

(4) After paragraph (7) insert—

“(8) In this regulation “purchaser” means a person who exchanged a contract for the sale and purchase of a dwelling contained in the building, or for the building where it comprises a single dwelling.”.