Building Safety Act & Building regulations: A Year of Change
The landscape of building regulations and safety standards in the UK has undergone significant changes over the past year. These changes, largely driven by the need for increased safety and sustainability, have implications for developers, homeowners, and industry professionals alike. The tragic events of the Grenfell Tower fire in 2017 served as a stark reminder of the critical importance of building safety. In response, the UK government introduced the Building Safety Act 2022, a landmark piece of legislation aimed at transforming the way buildings are designed, constructed, and managed This blog looks at the most notable updates to UK building regulations and the Building Safety Act, and provides a comprehensive overview of what has changed and how it affects various stakeholders: The Building Safety Act Over the past year, significant strides have been made in implementing the Building Safety Act, with far-reaching implications for the construction industry, building owners, and residents alike. Some of the key changes introduced include: New Rules for High-Risk Buildings (HRB) The Act has introduced a new regime for high-risk (residential) buildings (those 18 metres or more in height or with at least seven storeys and containing at least 2 residential units). It includes: Wider Building Safety Reforms Beyond high-rise buildings, the Act also impacts other building types. Notable changes cover: Challenges and Opportunities While the Building Safety Act is a significant step forward, its implementation presents challenges. The construction industry is adapting to new regulations, and there is a need for a larger skilled workforce to meet the demands of the new regime. We have seen and heard a lot of stories in the press with regards to a lack of building control surveyors getting the new accreditation, which has in some instances stopped work on site. We have also had issues of availability for the ones that are accredited and, with the new Gateway process, there is an additional timeframe to be added to High Risk Buildings, so that validation and checking of compliance can be carried out by the newly formed building safety regulator. Furthermore, every project now has a legal requirement for the project to appoint a Principal Designer for Building Regulations. (Why they called it Principal Designer as we already have a Principal Designer for CDM we’ll never know – they just want to confuse people!) The Principal Designer for Building Regulations is required to plan, manage and monitor all design work during the design stage of a project to ensure that the design is compliant with the regulations. The Regulator expects these duties to be taken on by whomever is the lead designer, they must coordinate with other designers to achieve consensus that all design elements are compliant. This requires the Principal Designer for Building Regulations to be competent and to have the skills, knowledge, experience and behaviours necessary to fulfil the duties under the regulations. The duties of the Principal Designer for Building Regulations should not be confused with the duties of the designer under this regime (though if only one person is performing both duties their designer duties will still apply). To ensure that this role is covered, one of Cityzen’s Directors, John Smith, undertook the CIAT pilot scheme for Principal designer for HRB and Non HRB to become one of the First registered ‘Principal Designers for Building Regulations’. The Principal Contractor is responsible for ensuring that the building work is completed in accordance with the approved design. No real change there but where design and build projects are concerned there is a need to ensure that clear processes are in place to ensure that compliance is being met and checked throughout the process. The Building Safety Regulator A new Building Safety Regulator (BSR) has been established within the Health and Safety Executive (HSE). The BSR is responsible for overseeing the safety and performance of all buildings, with a particular focus on high-risk buildings. This body has the authority to enforce compliance, conduct inspections, and take action against non-compliance. All projects which are within the HRB criteria which need to be worked on or are newly planned must go through the BSR. This is something that every project delivery team must take into account as this process can take months, and they will require reports from the design team (Via the Principal Designer) to prove what is being proposed is acceptable. The Role of the Accountable Person The Act introduces the concept of the ‘Accountable Person’ for high-rise residential buildings. This individual or entity is responsible for ensuring that building safety risks are managed effectively throughout the lifecycle of the building. The Accountable Person must also engage with residents and maintain transparent communication about safety measures and procedures. We have had instances where clients have contacted us to work on HRBs where they have not been registered, nor do they know that the act is in force. Furthermore, some do not know or understand the role of the accountable person even though it came into force in October 2023. Mandatory Reporting and Record Keeping The Act mandates that building owners and managers keep comprehensive records of safety assessments, maintenance, and repair works. This information must be readily available for inspection by the BSR and other relevant authorities. The goal is to ensure transparency and accountability in the management of building safety. For new projects, this starts with the golden thread information generated during the design phase, the site information (witnessing and commissioning data) and O&M information at handover Developers and Contractors For developers and contractors, the new regulations and the Building Safety Act mean stricter compliance requirements and increased scrutiny. Ensuring that all new constructions meet the updated standards for fire safety, cladding, ventilation, and energy efficiency is paramount. Additionally, the introduction of the Building Safety Charge may impact project costs and timelines. It is the client’s duty to ensure that the people employed are competent for the role that they are undertaking. Homeowners and Leaseholders Homeowners and leaseholders, particularly those in high-rise buildings, will experience