The Building Safety Act was enacted in April 2022 and established a new regime for the construction sector, driven by the need for a cultural shift identified by Dame Judith Hackitt’s independent review following the Grenfell Tower fire.
The Building Safety Regime (BSR) includes a significant amount of secondary legislation and guidance, aiming to ensure the construction and maintenance of buildings that are safe for residents.
Drawing from complex information contained within this document published by Build UK, we explain some of the key changes and the impact, or intended impacts on the construction industry, new and existing buildings affected by the changes, and those who use affected buildings.
Here are some key definitions to be aware of.
Higher-Risk Buildings (HRBs) are defined as buildings of at least 18 metres in height or at least seven storeys, containing at least two residential units, hospitals, or care homes.
The Building Safety Act imposes additional requirements on these buildings.
The Building Safety Act establishes the Building Safety Regulator, National Regulator for Construction Products, and New Homes Ombudsman to oversee the new regime.
Operates under the guidance of the Health and Safety Executive’s (HSE) Director of Building Safety. This regulator’s main goal is to ensure buildings are safe and to assist individuals and organisations to meet their obligations.
The scope of the Office for Product Safety and Standards (OPSS) has been broadened to serve as the National Regulator for Construction Products. As the governing body for construction products, the OPSS seeks to achieve safer construction products and enhanced building quality, improving the safety and security of individuals and communities whilst fostering confidence and growth in the construction products market by implementing effective regulatory measures and enforcement.
Responsible for assisting new build homeowners to address problems that their developer has not fixed. Led by the New Homes Quality Board, the aim is to improve the construction quality of new homes and the after-care service developers provide. Operating independently as a not-for-profit body, its goal is to encourage better practices among developers and ensure new homes are consistently built to a high standard. Where standards are not achieved, it will offer stronger support for homeowners seeking resolution.
In addition to duties defined under CDM Regulations 2015, The Building Safety Act and supporting legislation sets out updated responsibilities for the construction and management of HRBs.
Individuals or organisations with responsibilities for HRBs must manage safety risks and address resident concerns. Where there is only one Accountable Person (either an individual or an organisation) they shall be deemed the Principal Accountable Person. In a situation where there is more than one Accountable Person, the individual or organisation responsible for the building’s structure and exterior becomes the Principal Accountable Person.
There must be clear records defining the Principal Accountable Person and Accountable Person together with their contact details and, where appropriate, specific areas of responsibility.
They are tasked with the remediation of historical safety defects such as the removal or remediation of non-compliant cladding. This applies to buildings of five storeys more, or in excess of 11 metres high.
Many large developers have signed a contract with the DLUHC accepting their duty to complete fire remediation works for buildings over 11 metres high where they were involved in the design, construction or refurbishment from 1992 onwards.
The Building Safety Levy and Remediation Orders are in place and may apply to building owners, landlords, and developers in line with the requirements of the Building Safety Act.
New duties apply to all those involved in the design, construction or refurbishment of buildings to ensure building regulation compliance.
Dutyholders may be the same as those responsible for H&S under CDM Regulations, and must be able to demonstrate their competency to fulfil the requirements of the role. It should be noted that the duties defined under the Building Safety Act and the CDM Regulations are not one and the same.
Introduces regulated professions such as Building Control and mandates competence for individuals and organisations involved in building design, construction, and maintenance. For in depth information about the systems of competence required to ensure compliance with Building Control and the requirements of building regulations in order for completion certificates to be issued, refer to this document.
The Building Safety Regime represents a comprehensive overhaul of how building safety is managed, with a focus on higher-risk buildings. It introduces stricter regulations, establishes new oversight bodies, and mandates a cultural shift towards prioritising safety and quality in the construction and maintenance of buildings.
With broad experience working on Cladding Remediation projects, and supporting Accountable Persons to understand their duties under the Building Safety Act, Evolution5’s team can advise you on how to ensure compliance in your buildings.
Contact the team for a no obligation initial conversation about your building and Building Safety Act concerns to learn how we can help you.
Source information: https://builduk.org/wp-content/uploads/2023/01/Building-Safety-Regime.pdf
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