Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, whether he has made an assessment of the adequacy of statutory requirements applying to developers to notify the relevant Building Control authority before commencing structural remedial works relating to subsidence, foundation movement, or other ground‑stability defects.

Work to an existing home is considered a material alteration, and therefore falls within the definition of building work, if changes to the structural, fire safety, or accessibility features of that building are made as part of the work. Unless work is covered by a Competent Persons Scheme (CPS), all building work requires an application to local authority building control or a private sector Registered Building Control Approver. Local authorities have existing powers to prosecute those who breach the building regulations or carry out building work without authorisation and can require that work that breaches the regulations is altered or removed.

These powers were strengthened in the Building Safety Act 2022. Where work has been carried out without a building control application the person carrying out the work can also apply to the local authority to have the work regularised. The competence, conduct, and performance of the building control profession is regulated by the Building Safety Regulator. The Building Control Independent Panel is considering how building control is delivered and the performance of building control bodies; it will report in due course.