26/02/2026
On 27 January 2026 the Government published a consultation seeking views on small routine activities that may amount to “building work” and therefore need building control approval to be excluded from the definition.
Background to the consultation
The consultation is entitled “Improving proportionality and safety outcomes in building control: telecommunications work” but in fact asks for wider views on what other works, in addition to telecommunications cable installations, should also be included.
The consultation seems to reflect an acceptance by the Government that the current system is very unclear and often disproportionate. It states that:
"We acknowledge that there are other types of building work that are facing similar challenges regarding the proportionality of the regime. Delays to other types of works, for example to fire doors, may risk compromising the safety and well-being of building users in higher-risk buildings. This is not acceptable. As a result, our initial view is that the current application requirements as set in law may be unreasonable and disproportionate for certain types of works. The government remains committed to keeping this aspect under review in the near future. Whilst this consultation is only seeking views on drilling holes through internal walls for cabling and building work to mobile communication masts, we are seeking views as to whether the proposals should be extended to equivalent building work."
The definition of “building work” has not changed since the current version of the Building Regulations in 2010, but what has changed since Grenfell and the introduction of the Building Safety Act 2022 is the amount of thought the definition has been given and industry has been questioning whether work it had never previously considered to be “building work” does in fact meet this definition.
Whether work is “building work” or not is particularly important when that work is in a higher risk building (18m / 7 storeys or above and 2+ residential units or a hospital or a care home). This is because the building control approval process for these buildings is now much more stringent, time consuming (12 months isn’t unheard of) and expensive, meaning that work that is required is not being completed.
Whether work is or is not “building work” is particularly unclear when it comes to work impacting fire compartmentation. This includes when fire compartment walls are drilled through to install telecommunications cables (the main focus of the consultation), but also when they are drilled through for any other reason (pipe work, fire alarm cables etc) and equally whether the replacement of fire doors, which involves a short break to the fire compartment line whilst one door is taken off and the other installed. Whilst of course any work to a fire compartment line needs to be done well so that the building becomes safer and not less safe, having to apply for building control approval for these tasks seems to be disproportionate and leads to buildings remaining unsafe.
This is an opportunity for industry to express its frustrations on not only the lack of clarity as to what is and is not “building work”, with the definition at Regulation 3 of the building Regulations 2010 being extremely complex, but also the frustrations in having to apply for building control approval for what is in fact either small or routine bits of work.
What's included in the consultation?
Consultation questions include:
- Question 12 - Do you agree with our suggested scope of building work that would be covered by the dispensation?
- Question 16 - Should the scope of the dispensation be applied to other forms of building work, where work requires the drilling of holes for other types of cabling?
- Question 47 - We would also welcome views on whether the scope of our proposals should be expanded or limited, and why
It is somewhat surprising that the focus of this consultation is on telecommunications rather than works that may actually improve fire safety, however we strongly encourage anyone who is involved in managing works that are in the grey area of whether it is or is not building work or where it seems disproportionate to apply for approval to use this opportunity to widen the focus of Government and, as the title of the consultation says, encourage the Government to further improve proportionality and safety outcomes in building control.
Where can I find the consultation?
The consultation is open until 24 March 2026 and responses can be submitted below:
