Lapse of building control approval

From 1 July 2026 building control approval for initial notices and applications for building control approval will automatically cease to have any effect if the building work described in a notice or application has not reached the defined threshold for commencement of work.

Where work has not commenced within the three-year time limit, the building control approval for each building included in the original approval will automatically lapse, even if work on the remainder of the site has commenced.

From 1 July 2026, to ensure that building control approval does not lapse if the work is not completed within 3 years, dutyholders are required to notify the relevant building control body twice, when work is intended to start, and when it meets the definition of commencement of work.

A notification must be submitted to the relevant building control body at least two working days before dutyholders intend to start work. This time limit applies for non-higher-risk buildings but is extended to five working days for higher-risk buildings. 

A further notification must be submitted no more than five working days after the day on which the work has satisfied the new definition of the commencement of work. Should the building control authority not be satisfied the work is regarded as commenced, it can issue a rejection notice within four weeks of the date the commencement notice is given. The rejection notice must include the reason for rejection.

Before 1 July 2026 the terms “start of building work” and “commencement of building work” can effectively be used interchangeably.

From 1 July 2026 when the Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 come into force they will have separate meanings. The regulations do not prescribe a definition for the “start” of building work, but it is expected to mean when physical activity begins on site for permanent notifiable building work. 

From 1 July 2026 “commencement” of building work means that work meets the threshold defined for commencement in regulation 46B of the Building Regulations 2010:

(2) Where the work consists of the construction of a complex building, work is to be regarded as commenced in relation to that building or the first stage of building work for that building when the foundations supporting the building and the structure of the lowest floor level of that building (but not the other buildings or structures to be supported by those foundations) are completed.

(3) Where the work consists of— 

(a) the construction of a building and paragraph (2) does not apply, or 

(b) horizontal extension of a building, 

work is to be regarded as commenced when the sub-surface structure of the building or the extension including all foundations, any basement level (if any) and the structure of ground floor level is completed. 

(4) Where the work consists of any other building work, and that work will be incorporated into the completed building, then the work is to be regarded as commenced when— 

(a) it reaches the point at which the project requires building control input, and 

(b) without such building control input, at that point, there would be grounds for enforcement.

(5) In this regulation— 

“complex building” means— 

(a) a building which is to be constructed on the same foundation plinth or podium as any other building or structure; 

(b) a building which has more than one storey below ground level; 

(c) a building where it is proposed use is primarily as a public building where the public or a section of the public has access to the building (whether or not on payment) provided that the building has a capacity for 100 or more visitors; 

“public building” means— 

(a) a shop or shopping centre; 

(b) premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall; 

(c) a stadium, theatre, cinema, concert hall; 

(d) a sports ground; 

(e) an exhibition hall or conference centre; 

(f) a hospital or premises for the provision of health care.