Guide to Statutory Notifications
The Building Regulations place responsibility for managing a construction project on three main duty holders.
As the client, you have overall responsibility for the successful management of the project and must appoint a Principal Designer and Principal Contractor to assist in different phases of the project.
In addition, you must give notice at certain key stages, set out below, and it is important that you do not forget to do this.
To help you manage those duties we have produced a set of on-line forms that you need to return at certain key stages in the process.
NB Clients can ask the Principal Designer or Principal Contractor to serve these notices for you, but this does not remove your legal responsibility.
Form 1 Instruction to Serve Initial Notice*
This form is used once you know when the building work will be carried out and which builder will be doing the work. It needs to be completed and returned at least 5 working days before the builder starts on site. It can be served weeks or months in advance if you prefer, but don’t forget about it as works must not start until the Notice has been accepted.
This must also include the proposed date when works will reach ‘commencement’ The point of commencement is likely to be at DPC level for extensions and new builds – or, for other works, a point at which 15% of the controlled work has been completed.
*This form can also be used to request an Amendment Notice, if the works or Duty Holders change for any reason. Please select ‘Amendment Notification’ and clearly indicate which details are to be amended. This may incur an additional charge.
Form 2 Notice of Works Starting on Site
This form is used to notify us when the builder is due to start on site, as you want us to commence inspections – you are obliged to give a minimum 2 working days’ notice of works starting.
Form 3 Notice of Works Having Reached Commencement
Your project will not be considered as ‘commenced’ until this form has been returned and we have confirmed acceptance (we have up to 4 weeks to assess work is sufficiently progressed). You are obliged to notify us no later than 5 days after the date of commencement date at the very latest. The point of “commencement” is likely to be at DPC level for extensions and new builds – or, for other works, a point at which 15% of the controlled work has been completed.
If you have not submitted your Notice of works having reached commencement within 3 years of the Initial Notice date, the Initial Notice will automatically lapse and you will need to re-apply. If there have been any changes to the Regulations since your original application, your project will need to be re-designed accordingly.
Form 4 Request for Final Certificate Declaration by Client (or Domestic Client)
When works are complete you must request a Final Certificate. We will not be able to issue the Final Certificate until we have received this, along with form 4a, 4b, and where applicable 4c (see below)
Please do not submit your Declaration until the work is complete, you have submitted all the necessary commissioning forms and you are satisfied that, to the best of your knowledge, the building works comply with Building Regulations.
We have included a Completion Checklist, outlining the duties you should have performed during the course of the project. You may wish to refer to this checklist at the start of the project, to ensure you undertake all duties and therefore are able to sign the Declaration.
Form 4a Declaration by Principal Designer
This will need to be completed and signed Declaration from the Principal Designer. Again, we have included a Completion Checklist, outlining the duties they should have performed during the course of the project to confirm that the building design complies with Building Regulations.
Form 4b Declaration by Principal Contractor
This will need to be completed and signed Declaration from the Principal Contractor. This includes a Completion Checklist, outlining the duties they should have performed during the course of the project. Again, we have included a Completion Checklist, outlining the duties they should have performed during the course of the project to confirm that the building work complies with Building Regulations.
Form 4c Regulation 38 Statement
If your project is subject to Regulation 38, (e.g. all buildings apart from single family dwellings), you must submit a fully completed Regulation 38 Statement on completion, along with relevant as built Fire Safety plans and associated documents. Please see our guide to fire safety plans for more information if you are unsure what is required.
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