What is Building Assessment Certification (BAC)?

A BAC is designed to be evidence for residents to prove that their higher-risk building meets the highest safety standards.

The key objectives of BACs are to:

• provide a transparent assessment of a building’s safety status.
• identify safety hazards within a building.
• ensure the implementation of necessary actions to mitigate any identified risks.
• offer assurance to residents, visitors and the public that a building is safe.

Why is BAC important?

In the wake of the Grenfell Tower tragedy of 2017, residents’ safety is top priority for everyone in the property management sector. Being able to reassure residents that their homes are safe is vital for community harmony on any development, let alone the higher-risk developments such as high-rise apartment blocks.

Which buildings are prioritised to apply for BAC?

There are four key criteria which dictate whether a building MUST prioritise gaining a Building Assessment Certificate:

1. A building that is over 30 metres to 49.99 metres high and containing more than 217 residential units.
2. A building that is over 50 meters high with more than 11 residential units.
3. A building that is clad with combustible aluminium composite material.
4. A building that is fitted with large panel systems, built between 1956 and 1973, with a gas supply, and it is unclear if any reinforcement work has been completed on the building.

This does not exclude buildings that do not meet the four key criteria (above). The proposed order for organising other buildings for a BAC is:

• Buildings that are 30 metres to 49.99 metres high with between 11 to 216 residential units. Or those buildings that are 10 metres to 29.99 metres high with more than 378 residential units.
• Buildings that are 18 metres to 29.99 metres high with 52 to 377 residential units.
• Buildings between 18 metres and 29.99 metres high with 25 to 51 residential units.
• And those buildings that are 18 metres high with between two to 24 residential units.

How is Building Assessment Certification achieved?

Principal Accountable Persons (PAPs) of higher-risk, typically high-rise residential buildings of least seven storeys or 18 metres high with two or more residential units, in England MUST obtain a BAC when instructed to do so by Building Safety Regulator (BSR).

The BSR will contact the PAP for the building when the need to apply. The BSR will contact the PAP using the contact information on file, so that information MUST be kept up to date. Note: The PAP cannot self-nominate for this process.

After contact from the BSR, the PAP has 28 days to submit the application through an online GOV.UK portal. PAPs are responsible for applying for BACs, but an authorised person, such as a qualified building surveyor or structural engineer can assess the building’s safety and compliance on their behalf.

The application process for a BAC requires the PAP to submit numerous documents, including:

• A Safety Case Report – This report summarises the measures in place to manage building safety risks and demonstrates that the Accountable Person (AP) has taken all reasonable steps to prevent and mitigate the risks.
• A Residents’ Engagement Strategy – A document which outlines how the AP will involve residents in decisions related to building safety.
• Information about the Mandatory Occurrence Reporting System – This provides details about the system for reporting building safety incidents.

Before you start your application it is a good idea to read the guide for preparing a building assessment application.

How does the BSR assess an application for a BAC?

The BSR will review all information submitted and assess how the AP is managing the risk of fire and structural failure to keep all residents safe.

If all the standards are upheld, the regulator will issue a BAC. If not, the BSR will advise the AP of the steps they need to take to meet the required standards.

The BSR will review all the documents submitted and assess if the AP is meeting their legal duties under Part 4 of the Building Safety Act 2022 and managing the risk of fire and structural failure to keep all residents safe.

The BSR might request additional information, schedule meetings, or conduct site visits before awarding the certificate.

If all the standards are upheld, the regulator will issue a BAC. If not, the BSR will advise the AP of the steps they need to take to meet the required standards.

What happens if my application for a BAC is refused?

A BAC refusal does not automatically mean that the relevant building is unsafe. It may simply mean that the BSR requires more information before the certificate can be awarded.

If the BSR is not satisfied, they will send the PAP either a compliance notice or a contravention letter advising them of:

1. The issues that need to be rectified.
2. The deadline to rectify the issues by.

The PAP MUST then prominently display the compliance notice in the building until the issues have been rectified.

Failure to fix the issues detailed by the BSR can result in enforcement action.

When should a BAC be renewed?

Buildings and their relevant BAC should be reassessed every five years, according to the BSR. However, this timeframe can be a lot sooner if significant changes have been made to the building, if incidents occur, or if any building safety risks have been identified.

Premier Estates provide award-winning property management services across the UK. If you would like to speak to one of our team about managing your property portfolio, please call 0345 491 8899.

Sources:

• https://www.gov.uk/guidance/apply-for-a-building-assessment-certificate
• https://buildingsafety.campaign.gov.uk/building-safety-regulator-making-buildings-safer/building-safety-regulator-news/building-assessment-certificates-for-higher-risk-buildings/
• https://www.legislation.gov.uk/ukpga/2022/30/contents
• https://www.hse.gov.uk/building-safety/enforcement-policy.htm