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RIBA Guidance: Brexit Technical Notices

RIBA Guidance - UK Government 'No Deal' Brexit Technical Notices

This resource provides the RIBA's overview of the UK Government's 'No Deal' Brexit Technical Notices

  • today 13 March 2019
  • insert_drive_file Advice, Guidance
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The UK government is publishing a series of technical notices and other guidance for businesses and citizens in the event on a ‘no deal’ Brexit in March 2019. The technical notices were published in groups across August and September 2018 and further information has been published since January 2019. The government may publish additional notices so please check back to find out the latest guidance.

The full list of technical notices published to date are available to read online on the website of the Department for Exiting the European Union.

This page summarises the information most pertinent to architects and the architecture sector, and will continue to be updated as more notices are published. So far, these are:

UK government's preparation for a no deal scenario

This document puts the UK government’s technical notices in context and outlines the current progress of negotiations.

Implications for Business and Trade of a No Deal Exit on 29 March 2019

This impact assessment, published on 26 February 2019, sets out the government's activity to prepare for no deal as a contingency plan, and provides an assessment of the implications of a no deal exit for trade and for businesses.

European Temporary Leave to Remain in the UK

This notice sets out how EEA citizens will be able to enter the UK in the event of a no deal Brexit. EEA/Swiss nationals will be able to enter the UK as they do now, for an interim period, but in the event of a no deal Brexit would need to apply for European Temporary Leave to Remain to stay longer than 3 months. Please refer to the guidance for more details.

On 1 February 2019 the European Union announced that it intends that UK citizens coming to the Schengen area for a short stay (90 days in any 180 days) should be granted visa free travel.

Registering your residence abroad in the EU

This guidance, published by the European Union, outlines how EU citizens may need to register their residence and be issued with a registration certificate, if staying in another EU country for longer than 3 months.

The EU has also published guidance on healthcare insurance cover for EU citizens living in another EU country.

The EU has also published guidance on the rights of UK citizens living in the EU under the Withdrawal Agreement negotiated between the UK and EU.

The system for recognising EU qualified architects in the UK if there is no Brexit deal

This notice, published 24 January 2019, sets out the new system for recognising EU qualified architects in the UK if there is no Brexit deal. The UK will maintain a system of recognition for architects and the Architects Registration Board will continue to recognise EEA qualifications for registration purposes.

Please see the ARB's guidance for architects for further information on the implications of this new system for architects with EEA qualifications.

The government published regulations on 18 February 2019 setting out the changes to the Architects Act 1997 to bring this change into effect.

Providing services including those of a qualified professional if there's no Brexit deal

This notice outlines how professions and services will be regulated. As well as changes to MRPQ as outlined above, EEA businesses would be treated like other third country service providers in the UK and will no longer have preferential access rights. Please refer to the document for further details.

Providing services to EEA and EFTA countries after EU Exit

This guidance provides advice and resources for UK businesses on providing services in specific, individual EEA/EFTA countries after Brexit - including information on how to register professional qualifications, data protection and cross-border trade rules. Please see the guidance for more details.

Accessing public sector contracts if there’s no Brexit deal

This notice explains how bidders for UK public contracts and public sector buyers would be able to access public procurement opportunities. Please refer to the document for further details.

Bidding for government contracts overseas in a ‘no deal’ Brexit

This notice explains how UK businesses access government procurements overseas if there's no Brexit deal. Please refer to the document for further details.

Data protection if there’s no Brexit deal

This notice sets out the actions UK organisations should take to enable the continued flow of personal data between the UK and the EU. GDPR will be incorporated into UK law, however the legal framework for transfers of personal data between the UK and EU would change and businesses would need to take action. Please refer to the document for further details.

Trading with the EU if there's no Brexit deal

This document outlines the impact on businesses trading with the EU. UK businesses importing and exporting goods to and from the EU will be required to follow customs procedures in the same way they do when importing goods from outside of the EU. Please refer to the document for further details.

The European Union has published guidance for businesses on new customs procedures, including a checklist and details of the EU27 states' customs authorities.

Temporary rates of customs duty on imports after EU Exit

This guidance sets out the government's approach to tariffs in a no deal scenario. Under the temporary tariff, 87% of total imports to the UK by value would be eligible for tariff free access. These temporary tariffs would not apply to goods crossing from Ireland into Northern Ireland as the UK will take an approach to avoid new checks and controls on goods at the Irish border. Please refer to the document for further details.

Construction Products Regulation if there is no Brexit deal

This notice outlines changes that would be made to the Construction Products Regulation. Immediately following the UK’s exit from the EU, European harmonised standards and UK standards will be identical. Products being placed on the UK market will need to comply with UK designated standards and notified to UK approved bodies. Please refer to the document for more details.

Consumer rights if there's no Brexit deal

This notice sets out how consumers’ rights would be protected. The government is taking steps to ensure that after exit UK consumers will retain the protections they currently have when buying from UK businesses. Businesses selling into EU countries should keep apprised of any future changes in EU Member State laws. Please refer to the document for more details.

The UK Government's guarantee for EU-funded programmes if there's no Brexit deal

This document outlines the impact on those receiving EU funding. The UK government guarantees funding for UK organisations under EU programmes such as the European Development Fund. Please refer to the document for further details.

Erasmus+ if there's no Brexit deal

This document outlines the UK government’s decisions on Erasmus+ projects. This includes a commitment to underwrite all successful bids while the UK is still in the EU, dependent on reaching an agreement with the EU. Please refer to the document for further details.

Horizon 2020 funding if there is no Brexit deal

This document outlines the impact on those who receive or have applied for Horizon 2020 funding. The UK government guarantees that it will fund all successful bids submitted by UK participants before the UK exits the EU, for the full duration of the projects. Please refer to the document for further details.

European Regional Development Funding if there’s no Brexit deal

This notice sets out how current and future European Regional Development Fund projects would be affected. The UK government has announced it will guarantee funding for all EU projects including European Regional Development Fund projects, that would have been funded by the EU between 2014-2020, if there is no deal. Please refer to the document for further details.

Accounting and audit if there’s no Brexit deal

This notice sets out how accounting, corporate reporting and audit would be handled. There will be additional requirements relating to the audits and reporting requirements of UK companies operating cross-border and subsidiaries or parents of EU companies established in the UK. Please refer to the document for more details.

Structuring your business if there’s no Brexit deal

This notice sets out how cross border business operations and European specific corporate entities would be affected. UK citizens may face restrictions on their ability to own, manage or direct a company registered in the EU, depending on the sector and EU member state in which the company is operating. Please refer to the document for more details.

VAT for business if there's no Brexit deal

This document outlines the effect on VAT for UK businesses. Businesses will need to prepare for changes when importing and exporting goods and services to and from the EU, in the case of a no deal Brexit. Please refer to the document for further details.

Banking, insurance and other financial services if there's no Brexit deal

This document outlines the UK government’s new proposals for economic and regulatory arrangement with the EU for banking, insurance and financial services. It provides guidance for UK individual and business customers of UK and EEA firms. Please refer to the document for further details.

Workplace rights if there's no Brexit deal

This document outlines the impact on workers’ rights. The UK government states that workers in the UK will continue to be entitled to existing rights, including those which come from EU law. Please refer to the document for further details.

Merger review and anti-competitive activity if there's no Brexit deal

This notice sets out how merger review and investigations into anti-competitive activity would be affected. Please refer to the document for further details.

Upholding environmental standards if there’s no Brexit deal

This notice sets out how the UK government will uphold environmental standards. All existing EU environmental law will continue in UK law, and the UK government will establish a new body to hold government to account on environmental standards. Please refer to the document for further details.

Travelling to the EU with a UK passport if there’s no Brexit deal

This notice sets out how the rules would change or British citizens travelling to some European countries after March 2019. UK nationals would be considered third-country nationals and need to comply with different rules to enter and travel around the Schengen area. Please refer to the document for further details.

Travelling within the Common Travel Area and the associated rights of British and Irish citizens if there is no Brexit deal

The Common Travel Area will continue to apply in a no deal scenario and British or Irish citizens will not be required to take any action to protect their status or rights. Please refer to the document for further details.

Copyright if there’s no Brexit deal

This notice sets out how cross-border copyright would be affected if the UK leaves the EU with no deal. Businesses may wish to seek legal advice on how these arrangements could affect their business model or intellectual property rights. Please refer to the document for further details.

Trade marks and designs if there’s no Brexit deal

This notice sets out how holders of EU and UK trade marks and registered and unregistered Community designs would be affected. Please refer to the document for further details.


What is a ‘No Deal’ Brexit?

In March 2017, the UK government officially notified the European Commission of its intention that the UK leave the European Union. This marked the beginning of a two-year period of negotiation between the UK government and European Commission on the terms of the UK’s withdrawal and future relationship, and means that at 11pm, 29 March 2019 the United Kingdom will no longer be a member of the European Union.

The UK government has signalled its intention to enter a transition period that will run between 29 March 2019 and 31 December 2020. This transition period would mean that the UK would still have access to the European Union on similar terms as it does as a full member but will not have decision-making powers within the Union. However, this is contingent on the European Commission and UK government agreeing on the terms of the UK’s withdrawal and future relationship.

Without this agreement, the UK will be treated as a ‘third country’ from 29 March 2019, with the trade determined by World Trade Organisation rules and UK immediately withdrawn from the rights and responsibilities of the Union – this is the situation commonly referred to as a ‘No Deal’ Brexit. This will affect everything from the rights of citizens not currently resident in their home countries, to the provision of goods and services across border.

What is the RIBA doing on Brexit?

The RIBA has been working to represent architects to UK government and Parliament as the UK seeks to negotiate a new relationship with the EU. In March 2018, the RIBA published its second Global By Design report, which outlines the priorities of UK architects on Brexit. The RIBA Brexit page is continuously updated with the latest research, policy notes and guidance.

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