The Building Safety Act -Shed to Shard, this applies to you!
Be ready, Step up and Act
The Building Safety Act was enacted in April 2022 following the tragic Grenfell Tower incident in 2017 and the review of fire safety and building regulations by Dame Judith Hackitt in 2018. This is the most extensive reform to building safety legislation and seeks to ensure clarity regarding the design, construction, maintenance, and safety of all buildings, and specifically higher-risk residential buildings (HRBs).
As 2023 is its 'delivery year', industry must begin implementing the necessary changes to its operations to meet the Act's compliance demands. The Building Safety Regulator (BSR) will monitor and enforce adherence of the regime which will apply to all buildings ‘from shed to Shard’. The BSR will have ‘teeth’ to hold to account those in the industry ‘who choose not to learn the lessons and improve’.
Scroll down to find out key dates and roadmap, what you need to be doing now, how BESA can help you and your business prepare for the Building Safety Act 2022, The Building Safety Act explained in more detail including new roles and responsibilities you need to be aware of.
Upcoming events and webinars
BESA Annual Conference 2023 - Building Safety what you need to do and why you need to do it now
11.30 - 12.05 Thursday 12 October (Theatre One)
High Rise Residential buildings - registration clinics with the BSR
All high-rise residential buildings must be registered with the Building Safety Regulator (BSR) by the 1 October 2023.
It is an offence to allow residents to occupy an unregistered building after midnight on 30 September 2023.
The Building Safety Regulator will be holding clinics to help anyone who has started an application but hasn’t yet completed it.
At the clinics you will join a small group of other Accountable or Principle Accountable Persons. You can ask an expert on the registration process any questions you might have and get practical help to complete your registration.
You can register to join one of these sessions by selecting the surgery you wish to attend and providing your contact details. There will be 32 clinics in total leading up to the 30 September.
High Rise Residential buildings - BSR webinars
Starting a registration process
Thursday 14 September, 10:00 – 12:00
Resident Management Companies
HRB registration
Wednesday 13 September, 11:00 – 13:00
If you were unable to attend the BSR Conference 2023 you can watch all the sessions on the BSR YouTube channel.
BSR Lunch and Learn Webinar: 'Building Control - an overview to the new regime' Webinar on Demand from HSE
Uncovering the Building Safety Act with Morgan Sindall - on demand webinar
BESA Affiliate Member Autodesk Construction Solutions, have a free on demand webinar with Morgan Sindall which uncovers:
- Building Safety Act Legislation
- importance of the golden thread of information
- best practices for the new construction projects
CIBSE Golden Thread - 28 September, the Royal Society
With the next round of regulatory changes come into force on 1 October, this event by CIBSE will set out the breadth of the regulatory changes, the new requirements of building regulations and the details of the new regime for the Golden Thread and Key Building Information that will apply to all those who are accountable persons for a Higher Risk Building.
BESA members can receive a £50 discount by using the code ‘BESA’ at the checkout.
Key Dates and Roadmap
You can download the Build UK's Building Safety Timeline here.
April 2023
Higher-Risk Building Registration is open
Existing buildings that are 18 metres and over in height or at least seven storeys, which have at least two residential units that will be occupied by 1 October 2023, must be registered with the BSR by 30 September 2023. Watch the short video explaining the registration process created by the Building Safety Regulator.
- BSR has published Operational Standard Rules (OSRs) - that apply to building control bodies (local authorities and registered building control approvers), and how to monitor performance
- BSR take over oversight of the built environment including technical building standards e.g. Approved Documents
- Download the Building Regulations and Safety - House of Commons Library Research Briefing - June 2023
July 2023
- Key Building Information (KBI) can now be entered on the registration portal. KBI is a set of information needed about each high-rise building in order to assess and properly manage the risks of fire spread or structural failure. It can be submitted at the same time as completing the application to register a building or at a later date. All registration applications and KBI must be completed on the portal by 1 October 2023.
- The Department for Levelling Up, Housing and Communities (DLUHC) has published guidance to help register buildings with multiple structures. If your building has two or more structures that are attached, you need to assess the 'independent section' criteria to see if they count as one building or should be registered separately.
Read the guidance on building definition and independent sections - The Code of Conduct for Registered Building Inspectors (RBIs) and Professional Conduct Rules for Registered Building Control Approvers (RBCAs) has now been published.
For further information view the:
• Building inspector code of conduct
• Professional conduct rules
• Building inspectors competent assessment schemes - Planning Gateway one (PGO) guidance has been published on the planning portal. You can watch the HSE's PGO webinar on demand here.
- Building owners have been warned that they must undertake remediation work or face enforcement action. The Building Safety Regulator will start enforcing building safety in residential buildings above 18 metres or 7 storeys if they do not comply with their legal duties from spring 2024. Read statement.
August 2023
- The Government’s intention to mandate two staircases in new residential buildings above 18 metres, with transitional arrangements and design details currently being discussed with the industry following the urgent call from the Housing Forum.
- Details of the Responsible Actors Scheme which eligible developers can now join, with a members list that will be regularly updated.
- The new Cladding Safety Scheme for the remediation of unsafe cladding on residential buildings over 11 metres in England (11 ‐ 18 metres in London).
- We understand that the secondary legislation relating to the new building control process, including Gateways Two and Three, will be published imminently, and the guide will be updated again accordingly.
- CPA publishes summary and guidance papers on The Building Safety Act 2022
A CPA Summary for Construction Product Manufacturers and Building Safety Act 2022
Construction Product Manufacturer’s Liability
September 2023
- Industry members and a Chair have been appointed to the new Industry Competence Committee (ICC), with its first meeting taking place this month. HSE has recently set up and appointed industry members and appointed Jon Vanstone as Chair to the new ICC. The ICC will have a role in advising both the built environment industry and BSR within HSE on matters of competence. Find out more
- Building Registration - invoicing now available
- Building Control - secondary legislation and new guidance update - The Department for Levelling Up, Housing and Communities (DLUHC) has published a suite of secondary legislation which applies to the new building control framework. The HSE has created additional new guidance to help navigate the legislation which provides an overview of the new regime.
October 2023
- Higher-Risk Buildings Registration mandatory
- New duties on Accountable Persons for occupied higher-risk buildings
- BSR becomes the new building control body for design and construction of higher-risk buildings
- Registers for building control inspectors and building control approvers open
- Gateways 2 and 3 come into force
April 2024
- Duty on Accountable Person to apply for Building Assessment Certificate when invited by BSR
- Registration requirements for building control inspectors and building control approvers apply
- Operational Standard Rules enforceable
What should you be doing now?
The Building Safety Act 2022 has implications for all working in construction and the built environment. For contractors working on higher-risk residential buildings, the Act introduces extended compliance measures. For smaller contractors the focus is much more around competence and compliance and being able to provide evidence of what work was done, by who and why decisions were made.
Here are our top tips to ensure you are ready for the Building Safety Act:
Be in the know by subscribing to BESA's weekly newsletter and HSE's Building Safety Regulator's E-Bulletins
Follow BESA and HSE on social media for regular updates
Download BESA's Free Building Safety Act factsheet for Building Services Engineers
Ensure the individuals and companies you engage with have the competency needed and necessary documentary proof they are suitable for the job
Observing the Building Regulations, Fire Safety Order and Fire Safety Regulations, Defective Premises Act, etc. is mandatory and evidencing compliance is vital to comply with the Act
Download SFG20's free Building Safety Act Checklist designed to support building owners and maintenance professionals
How can BESA help prepare you and your business for the Building Safety Act?
We are staying on top of the emerging secondary legislation and guidance to identify what is especially relevant to our members. We provide a wide variety of products and services that will assist you in meeting your compliance needs.
Information, Advice and Guidance
Bespoke legal and commercial advice from our in house team of experts
Hassle free Health and Safety advice from our in house team of experts
Check out our upcoming and on demand BESA Webinars with industry experts
How we can help you demonstrate compliance
Ensure you and your staff are skilled and competent by completing free online accredited CPD, short courses and using the free Skills Advisory Service from BESA Academy
Ensure you are working to the latest standards and aware of changes in regulations and legislation by downloading our latest technical publications, standards and guidance from BESA Knowledge
Acquiring the BESA Competence Assessment Standard (CAS) accreditation enables you to demonstrate competence and compliance to the highest standard
No need to worry about building control and LABC's if you are part of a Competent Person Scheme like BESCA CPS
Be registered with the UK's leading F-Gas register REFCOM and for those who want to go that extra mile to prove their compliance join REFCOM Elite
If you own or manage facilities, you should use SFG20's industry leading maintenance software, which helps you understand your asset maintenance requirements
Evidence individual competency with SKILLcard - the personnel registration scheme for the mechanical sector of building services
Vent hygiene is more than cleaning, its fire prevention. As a contractor you should be registered with the UK's leading vent hygiene register - VHR
Representation and Advocacy
The Building Safety Act is a principal policy area for BESA. Through regular contact with ministers, MPs and civil servants, and responding to key consultations the BESA makes its voice heard in the 'corridors of power' on behalf of our members and industry. Representatives from across the BESA Group companies work closely with government, actively inputting on key issues within the industry.
The Building Safety Act - let's get down to details
The Background
The Building Safety Act 2022 was introduced following the tragic failures in building safety that led to the Grenfell Tower Fire and subsequent deaths of 72 people in 2017.
The Act is taking forward a fundamental reform of the building safety system and addresses the issues identified by Dame Judith Hackitt in her independent review, Building a Safer Future. When first announced the Government stated that the Act would “deliver the biggest changes to building safety for nearly 40 years and make residents safer in their homes.”
Many trade, professional and industry bodies, such as BESA, have strongly backed the approval of the Act and are collaborating with industry to implement the changes to the building safety system.
Click on each tab below to learn out more about each new term related to the Building Safety Act.
What you need to know about Regulatory and Enforcement Bodies...
A multi-disciplinary approach with three oversight bodies will regulate compliance with the regulations. Building control inspectors and the London Fire Brigade will provide enforcement support.
Building Safety Regulator will lead the implementation and enforcement of the new regulatory framework:
Ensuring compliance with the three Gateway stages with the power to stop:
- Work from starting
- Work already underway
- Occupation of a completed building
Ensuring that the HSE fulfils the role of a statutory consultee for planning applications
Fulfilling the role of Building Control Authority
Ensuring that a ‘Golden Thread’ of information is provided
Maintaining a register of occupied buildings
Setting out the requirements for a Mandatory Occurrence Reporting System
*source BuildUK BSA Guide
Overseeing the safety and standards of all buildings
Taking action against building owners, dutyholders and Accountable Persons that do not meet their legal obligations
Overseeing Building Control Bodies and their inspectors
Maintaining a register of Building Control Bodies and Building Inspectors
Helping the built environment industry, Building Control Bodies and Building Inspectors to improve their compliance
- exercise its powers in line with regulatory best practice
- take a consistent and proportionate approach
- target enforcement activity at cases where action is needed
- work closely with existing regulators such as local authorities and fire and rescue authorities
National Regulator for Construction Products will oversee and enforce a more effective regulatory regime for construction products.
The regulator will have the power to remove any product that represents a significant safety risk and to prosecute companies that break the rules.
New Homes Ombudsman - The NHQB is an independent body which has been established to increase quality in the built environment. Broadly, the purpose of the NHQB is to establish a framework to ensure that there is a high standard of new homes and services and that there is power of redress for purchasers where the quality of new builds is not achieved.
What you need to know about new Roles and Responsibilities..
The Building Safety Act and secondary legislation defines new responsibilities for all those who design, build, own or manage Higher-Risk Buildings, which are in addition to existing duties under the Construction (Design and Management) Regulations (CDM).
Part 4 of the Building Safety Act outlines the responsibility of ‘Accountable Persons’ (APs) for high-rise residential buildings. This is the organisation or individual who owns or is responsible for the building, or for the maintenance of the shared parts of it, such as hallways and lobbies. This AP is accountable for taking all viable measures to prevent fire or structural failure, as well as to reduce any potential damage from an incident should one occur. If a building has multiple APs, the one responsible for the building's layout and exterior is the 'Principal Accountable Person' (PAP). If a single AP is assigned, they are the PAP.
Duties:
- Taking all reasonable steps to prevent the spread of fire or structural failure, as well as to reduce any potential damage from an incident should one occur.
- Register existing HRBs with the BSR. This must be done by 1 October 2023.
- Register new HRBs with the BSR before they are occupied. This must be done by 1 October 2023.
- Prepare a safety case report for the building that show all building safety risks have been assessed and taken all reasonable steps to control them. This report must be given to the BSR on request.
- Apply for a building assessment certificate when instructed by the BSR
- Prepare a Residents’ Engagement Strategy
- Develop a framework and process Mandatory Occurrence Reporting system
The Building Safety Act introduces new duties on individuals and organisations that commission, design and undertake the construction of new buildings to ensure that they comply with Building Regulations.
The Act makes clear who dutyholders are:
Client - Commissions the building works
Principal Designer - In control of the design work
Designers - Carries out design work
Principal Contractor - In control of the construction and refurbishment work
Contractors - Carries out construction and refurbishment work
*souce BuildUK Guide
Dutyholders will need to work together to plan, manage, co-ordinate and monitor the design, construction and any refurbishment work, to make sure it complies with all relevant building regulations.
The regulations also set out the competence requirements (i.e. the skills, knowledge, experience and behaviours) that dutyholders will need to have to undertake work and ensure that those they appoint are also competent to carry out that work. It is likely that the duty holders will be the same as those that have health and safety responsibilities under CDM.
What you need to know about Competence...
The Act gives the Regulator power to impose competence requirements on those undertaking building work, Clause 33, Schedule 1 of the Building Act 1984 defines competence as having the appropriate ‘skills, knowledge, experience and behaviours’ and requires all individuals carrying out design, construction, refurbishment and maintenance work to be competent for their roles.
We recommend you make sure the individuals you employ:
- Hold the relevant competencies to do the job and that you can evidence it
- Their work meets the Building Regulations and any other relevant legislation
- They can provide evidence for any information requested of them.
Organisation must prove that they have the capabilities, including appropriate business management systems, processes, policies, procedures and resources to achieve their roles.
It is a legal requirement on anyone that appoints an individual or organisation to ensure that they meet these requirements.
What you need to know about Gateways...
The Building Safety Act introduces a new clearly defined process/decision points known as Gateways for Higher-Risk Buildings.
Planning Stage, before permission is granted, in force since 1 August 2021
Will ensure that fire safety matters, as they relate to the project, are incorporated at the planning stage for schemes involving a higher-risk residential buildings.
Prior to construction work beginning, implementation October 2023
Replaces the current building control ‘deposit of plans’ stage. It provides a ‘stop-go’ decision where construction cannot begin until the Building Safety Regulator is satisfied that the design meets the functional requirements of the building regulations.
Prior to a building being occupied, implementation October 2023
Provides a ‘stop/go’ decision and is equivalent to the current completion/final certificate phase, where building work on a higher risk building has finished and the Building Safety Regulator assesses whether the work has been carried out in accordance with the building regulations.
Only once Gateway Three has been passed can the new building be registered with the Building Safety Regulator and become occupied. There is a projected 12-week period for the HSE to approve the application for a Completion Certificate and it will be an offense for the building to be occupied without this certificate.
What you need to know about Golden Thread...
The golden thread applies to HRBs and is the information that allows you to understand the building design, construction and occupation and the steps needed to keep both the building and people safe, now and in the future.
The golden thread applies to HRBs and is a digital, simple to access and understandable record of all documented project and asset data, detailing how a building was designed, built, managed and operated. It acts as a live source, linking all data, recording decisions, and therefore giving a clear accountability trail to reduce risk and improve safety.
What you need to know about Mandatory Occurrence Reporting...
The Building Safety Act introduces Mandatory Occurrence Reporting placed on duty holders and accountable persons responsible for the safety of higher-risk buildings during design, construction, and occupation.
During design and construction, the Principal Designer and the Principal Contractor will be responsible for mandatory occurrence reporting. During occupation the Principal Accountable Person will be primarily responsible for mandatory occurrence reporting.
The principal accountable person must establish and operate an effective mandatory occurrence reporting system that records and reports certain types of building safety events that occur during the design, construction, and occupation stages of a high-risk building.
What you need to know about Building Control...
The Building Safety Act, through the Building Safety Regulator, introduces new systems to improve the levels of competence and to clarify the roles and responsibilities within the building control process that includes:
- A register of building inspectors which will become a regulated profession
- A register of building control bodies
- A competence framework for Building Inspectors
- Operating standards for Building Control Bodies
- Codes of conduct for Building Control Bodies and Building Inspectors
Building control is the process in which a Local Authority Building Control department, a private company providing building inspectors confirms that the construction work meets the standards set out in the Building Regulations.
From April 2024, individual building control professionals, working for both the private sector and local authorities, will need to have passed an independent competence assessment to operate, and they will be required to be registered on the Building Safety Regulator’s register of building inspectors.
Those businesses who are registered and members of a Competent Person Scheme (CPS), such as BESCA CPS does NOT need to be approved by a Building Control Body.
What you need to know if you work in Devolved Nations...
The Building Safety Act did not extend to Wales, however, the Welsh Government voted to adopt the Act into Welsh legislation. The Governments white paper: Safer Buildings in Wales sets out how they plan to address issues in the design, construction, and occupation stages.
The Welsh Government will need to establish and maintain a register of building control approvers and building inspectors. The consultation on the proposed Code of Conduct for Registered Building Inspectors (Wales) closed on 24 April 2023.
Although the Building Safety Act may not have full jurisdiction in Scotland, there are still a few elements to be aware of. For instance, it is important to consider any amendments to the Health and Safety at Work Act 1974 and the added amount of liability connected to construction products. Additionally, the new architect’s registration board and the implementation of the New Homes Ombudsman Scheme should be taken into account.
Northern Ireland is not included in the Building Safety Act, however there are important considerations to bear in mind such as adoption of the New Homes Ombudsman Scheme, developing closer information-sharing ties with England, increased responsibilities relating to construction products and the introduction of the Architects Registration Board.
The current regulations for Northern Ireland (NI) are the Building Regulations (Northern Ireland) 2012.
More useful sources of information
Government Guidance – The Building Safety Act
Building Safety Regulator - The Building Safety Act named HSE as the new Building Safety Regulator in England.
Approved Document B (Fire Safety) provides guidance in relation to fire safety, including means of escape, fire spread, structural fire protection and fire service access. Vol 1 and Vol2.
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