The new BS 9991:2024 – Fire safety in the design, management and use of residential buildings – was published on 30 November 2024, which the BSI states supersedes BS 9991:2015.
BS 9991:2024 does not reference the transitional arrangements for amendments to Approved Document B.
Build UK says this has created some confusion for those preparing applications for Building Control Approval and basing their fire safety designs on the recommendations made within BS 9991:2015. Applications for Building Control Approval must demonstrate how they will meet the functional requirements of the Building Regulations 2010.
The Building Safety Regulator (BSR) has confirmed that in accordance with Regulation 7 of The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 it will assess applications for Higher-Risk Buildings (HRBs) against the functional requirements of the Building Regulations 2010.
Non-HRB applications to Building Control Bodies are expected to be treated in the same way. Approved Documents provide general guidance on how to comply with the Building Regulations in common situations; however, applicants can present other ways to comply with the functional requirements.
British Standards are voluntary standards providing further guidance and are not mandatory. It is important to note that the Building Regulations 2010, which contain the functional requirements, have not changed.
Under The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, applications to the BSR require a Building Regulations Compliance Statement, which is expected to include:
- The approach being taken to each element of the building
- How each element of the design meets the functional requirements
- Details of the guidance or standards that have been used to support the design.
Approved Document B continues to reference BS 9991:2015 and Question 23 in Approved Document B: Fire safety - Frequently Asked Questions states: “When an approved document refers to a named standard, the relevant version of the standard is listed at the end of the approved document. Until the approved document is amended, these references are part of the guidance approved under section 6 of the Building Act.
“If work complies with the guidance referred to in the approved document, that makes it likely that the work conforms with the relevant requirements of the Building Regulations. Following other guidance would not provide that legal protection.
“If an approved document refers to an older version of a standard that the issuing standards body has now revised or updated, the new version may be used as a source of guidance, provided it continues to address the relevant requirements of the Building Regulations.”
The BSR has confirmed to Build UK that until further notice applications for Building Control Approval for HRBs can refer to BS 9991:2015 and/or 2024 as the guidance or standard used to support designs
