What is the Building Safety Act 2022?

The Building Safety Act was granted Royal Assent on 28 April 2022. The legislation outlines building safety compliance in relation to the construction industry, especially in relation to cladding, fires, asbestos, and other construction materials that represent health and safety risks.

The Act gives better legal rights and protection for both building owners and their occupants. This means they will not be the first contact point when it comes to infrastructure risks, which is now down to the wider construction industry, including architects, engineers, surveyors, construction company leaders, and contractors. The Act overhauled existing regulations and makes it clear how residential buildings should be constructed, maintained and made safe.

Which buildings does the Building Safety Act apply to?

It is important to note that the 6-Part Act covers all residential buildings, not just those that are high-rise residential buildings. However, there is understandably a focus on high-rise and higher-risk buildings.

It introduced changes across Building Regulations, the Building Act, and the Architects Act, as well as introducing more specific requirements for the sharing of fire safety information.

The Building Safety Act applies to what are known as Higher-Risk Buildings (HRBs), including:

• Buildings that contain at least two residential units.
• Buildings which are over 18 metres (or seven storeys) in height.

What does the Act mean for homeowners and residents of higher-risk buildings?

The Act enables residents of high-rise buildings to have more say in how their building is kept safe. Residents can raise building safety concerns directly to the owners and managers of their buildings, known as Accountable Persons (APs). The APs are responsible for repairing the common parts of a higher-risk building, as defined in section 72 of the Act, and have a duty to listen to the residents. If residents feel that their concerns are being ignored, they can raise their concerns with the Building Safety Regulator (BSR).

All homeowners also have more than twice the amount of time, from 6 to 15 years, to claim compensation for sub-standard construction work because of the Act.

What does the Act mean for building owners?

Dutyholders under the Act, such as the Principal Designer and Principal Contractor, are required to manage building safety risks with clear lines of responsibility during the design, construction, and completion stages of all buildings.

APs need to be able to demonstrate that they have effective, proportionate measures in place to manage the building safety risks in the higher-risk buildings for which they are responsible. Those who do not meet their obligations may face criminal charges.

The Building Safety Act is also clear that building owners and landlords need to contribute to the costs of fixing their own buildings.

How does the Building Safety Act affect the built environment industry?

The Act has created a framework for safer, high-quality homes to be built for years to come. It has undoubtedly added to the onus on developers, including the developer tax levy that is in place to help ensure that industry players contribute to setting things right. The extra responsibility can only be a good thing for all parties if it means less risk to human life.

The stricter regime and requirements have added an extra layer of work for developers, which has slowed down the construction process. While the new rights to redress ensure those responsible for contributing to the building safety crisis must cover the costs for rectifying their mistakes.

The construction industry is resilient and used to legislative change, so any delays will be factored into timescales and costs over time as the industry gets used to the legislation.

Who oversees the Building Safety Act 2022?

The Act created three new bodies to oversee the new legislation:

The Building Safety Regulator (BSR) – Part of the Health & Safety Executive (HSE) with a purpose to regulate higher risk buildings; raise safety standards of all buildings; help professionals in design, construction, and building control, to improve their competence.

How can organisations evidence compliance with the Building Safety Act?

Safe a proper working practices are of the utmost importance in the construction sector. The onus is on the construction industry to be compliant to safeguard people as the priority, and to avoid significant penalties.

There are many steps which organisations can take to ensure compliance.

Register with the Building Safety Regulator (BSR) 

Registering with the Building Safety Regulator (BSR) is a legal requirement for all eligible building owners. Those who fail to register can expect criminal prosecution if caught. The Building Safety Regulator (BSR) oversees a gateway process of approval which lasts for the entire lifespan of the building.

After registration, you will be required to submit all structural and safety information to the Regulator. This step is followed later by a safety case report.

Assign an Accountable Person (AP) 

Any new or existing higher-risk buildings must seek the approval of an Accountable Person. The AP will need to demonstrate proper measures about managing building safety defects.

The AP is typically the person who owns the building or who has responsibility for it. Under the Act, they must:

• Register all new buildings with the Building Safety Regulator (BSR) before occupation.
• Prepare a safety report for existing buildings.
• Consult with the regulator’s requests regarding inspections and certification.

Generate a Golden Thread of information 

A involves documenting all the relevant data as the single source of truth about a building. The AP is responsible for creating and maintaining the information, which must run for the full lifespan of the building, including the design and infrastructure stages through to occupation and eventually to decommission.

The auditable trail of accountability must be:

• Kept digitally and secure.
• Considered as the sole source of truth for the building.
• Made available to individuals who require information to complete their job properly.

Safety Case Report 

The safety case report is a document that provides a summary of the steps Accountable Persons (APs) have taken to identify, assess, eradicate, mitigate, and manage building safety risks. It is a vital document that forms part of the golden thread of information required by the Building Safety Act 2022.

The safety case report must document an evaluation of all building safety risks and all the appropriate measures that have been implemented – or are planned for implementation – to address these.

In short, the safety case report must provide evidence of the assessment of all building safety risks and all reasonable steps that have or will be taken to control the risks.

Follow the Gateway System 

The Building Safety Regulator (BSR) operates a gateway system, which is designed to embed safety considerations at each critical stage of a building’s development, from planning to completion.

– This occurs at the planning stage, applicants for new developments must provide comprehensive information as part of their planning permission application.

Gateway Two: Pre-Construction Phase – marks the initial building control stage, acting as a checkpoint before construction commences. This stage ensures that the designs meet safety requirements before any construction even begins.

Gateway Three: Completion Phase – This represents the completion phase where a golden thread of building information must be compiled and handed over to the accountable person. This ensures that the regulator is furnished with all necessary documentation and information regarding the completed building.

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Sources:

• https://www.gov.uk/guidance/the-building-safety-act
• https://www.gov.uk/guidance/national-regulation-construction-products
• https://www.legislation.gov.uk/ukpga/2022/30/section/72
• https://www.hse.gov.uk/building-safety/regulator.htm
• https://www.gov.uk/government/publications/independent-review-of-building-regulations-and-fire-safety-final-report
• https://www.nhos.org.uk/
• https://www.theomgroup.co.uk/knowledge-hub/insights/everything-you-need-to-know-about-the-building-safety-act-2022
• https://www.peninsulagrouplimited.com/resource-hub/health-safety/what-is-the-building-safety-act/
• https://www.nhqb.org.uk/resource/new-homes-quality-code-published.html