Quick answer: a plot keeps the 2021 Part L rules only if its building notice, initial notice or full plans application went in before 24 March 2027 and its sub-structure, ground floor included, is complete before 24 March 2028. Each building is judged on its own. Higher-risk buildings follow a different test.
Check your plots
It opens with a four-plot example. Change the dates, or press Start blank for your own site; everything updates as you type. Check one application at a time: a phased site with several applications needs a check for each.
| Plot | Sub-structure complete (ground floor included) | Completion (optional) | Result | Remove |
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Dates, not advice: your building control body decides when work has commenced. The calendar file has a reminder for each deadline and opens in Outlook, Google Calendar and Apple Calendar. Nothing you type is sent anywhere; it's kept in this browser so it's here when you come back.
How the test works
Regulation 5 of the amending regulations (SI 2026/335) keeps the previous Part L for a building where a building notice, an initial notice or a full plans application was given for that building before 24 March 2027, and the work on that building is commenced before 24 March 2028. Both limbs are tested building by building, so a single application doesn't settle a whole site. The Future Homes Standard guide covers what changes once a plot falls under the new rules.
"Commenced" has the regulation 46A meaning: the sub-surface structure, including all foundations, any basement and the structure of the ground floor, is completed. Digging the foundations isn't enough. We explain the detail in what "commenced" actually means.
Three ways a plot gets caught
- The application goes in on or after 24 March 2027. Every building on it is then built to the Future Homes Standard, however early it starts.
- The ground floor structure isn't finished by 23 March 2028. That plot alone moves to the new rules; the plots that made it stay where they are.
- An old approval lapses first. A full plans approval lapses for any building not commenced within three years of the application day (Building Act 1984, section 32), and notices lapse after three years in much the same way. Anything given before 23 March 2025 runs out before the March 2028 cut-off, so for those plots the lapse date comes first. The clock uses whichever date is earlier.
Higher-risk buildings follow a different test: a valid application to the Building Safety Regulator before 24 September 2027 that isn't rejected. Tick the box above and the clock checks that date instead.
If a plot won't make it
A plot that misses becomes a redesign rather than a recalculation. Under Part L 2026 it needs low-carbon heating, on-site solar PV under the new requirement L3, and a SAP 10.3 calculation against the new targets. Size the array with the solar PV calculator, cut the junction losses with ΨMonkey, and check the fabric with U-Monkey. Keep dated photographic evidence of each plot's finished ground floor: it's your proof that the plot commenced in time.
Everything a new home needs from planning to completion, in order, is in the new build compliance timeline.
Frequently asked questions
What are the Future Homes Standard transitional arrangements?
For ordinary building work, a building can still be built to the previous Part L (2021) if a building notice, an initial notice or a full plans application was given for that building before 24 March 2027, and the work on that building is commenced before 24 March 2028. Both conditions apply building by building (regulation 5 of SI 2026/335). Miss either and the Future Homes Standard applies to that building.
What counts as "commenced" for the Future Homes Standard transition?
Regulation 46A of the Building Regulations 2010 decides it. For a new building, work counts as commenced when its sub-surface structure, including all foundations, any basement and the structure of the ground floor, is completed. For a complex building (one sharing a podium or plinth with another building, with more than one storey below ground, or a public building for 100 or more visitors) it is when the foundations and the structure of the lowest floor are completed. Site clearance, drainage and roads are not the building's sub-structure, so they don't count.
Does one application protect a whole site?
An application can cover every building on it, but each building has to be commenced in time on its own. A site can end up split, with its early plots on Part L 2021 and its later plots on the Future Homes Standard. If your site has more than one application, check each one separately.
Can an old approval run out before the March 2028 cut-off?
Yes. A full plans approval lapses for any building whose work hasn't commenced within three years from the end of the day the application was made (Building Act 1984, section 32, with commencement judged by the same regulation 46A test). Initial notices lapse in the same way (section 53A), and a building notice stops having effect after three years unless the work has commenced (regulation 13(5)). So anything given before 23 March 2025 runs out before the March 2028 cut-off. Our reading is that a lapsed approval or notice can't carry a plot through the transition, so its lapse date becomes the deadline, and that a fresh application or notice given before 24 March 2027 would restart the three years. Check with your building control body.
Do higher-risk buildings follow the same dates?
No. For higher-risk building work the new rules start on 24 September 2027, and the previous rules continue where a valid application for building control approval was submitted to the Building Safety Regulator before 24 September 2027 and is not rejected. There is no separate commencement deadline. The clock tests that date when you tick the higher-risk box.
Is this legal advice?
No. It checks your dates against the published test and does the arithmetic. Whether a building's work has commenced is for your building control body to decide, so keep the evidence: dated photographs of the finished ground floor structure and the inspection record.
Sources
Checked on 6 November 2026:
- The Building Regulations etc. (Amendment) (England) Regulations 2026 (SI 2026/335), regulations 1 and 5 to 8
- The Building Regulations 2010, regulation 46A (commencement of work) and regulation 13 (building notices)
- Building Act 1984, section 32 (lapse of building control approval) and section 53A (lapse of initial notice)
- Town and Country Planning Act 1990, section 91 (time limit on planning permission)
- The Future Homes and Buildings Standards: Building Circular 01/2026 (MHCLG)