Building Safety Act - Are you aware of the new legislation from 1st October 2023?
Published: 04/10/2023
1st October saw the start of the full higher-risk building regime with new requirements under the Building Safety Act 2022 (the BSA) coming into force. One objective of the BSA is to reduce the consequences of a fire safety or structural failure incident which will be achieved by ensuring that those responsible for the safety of higher-risk buildings are consistently assessing and managing risk to ensure the safety of residents and members of the public in or around higher-risk buildings.
In this article, we detail the legislations and requirements that came into force on 1st October 2023:
Building Control
BSR became the Building Control Authority for higher-risk buildings and you must now submit your building control approval applications to BSR.
BSR will have the authority to determine the requirements for those who procure, design, plan, manage and undertake building work and there are also new enforcement powers for building control authorities.
Building Control Approval
Before commencing work on any new higher-risk building, developers will need to submit design applications to the Building Safety Regulator (BSR) for approval. The application needs to evidence how the design of the building will meet the building regulations, manage change control, and assist duty holders in meeting legal requirements, which includes competence and the “golden thread” of information.
Until the application has been approved by the BSR, works must not commence. The BSR may require changes in the design before approval can be granted.
Once approved, there are several continuing obligations that must be carefully considered:
- Site inspections at milestone dates throughout the course of the works;
- Reporting requirements;
- Management of change;
- Flagging and storing the ‘golden thread’ of information about the building.
- Registration of new buildings
All new higher-risk buildings must be registered with the BSR. Until the new building has been registered, units must not be occupied.
The application to register a higher-risk building should be submitted once a completion certificate has been issued. This will be issued by the BSR once they have assessed the application against the relevant building regulations, completed a final inspection of the building work and assessed the documents to be passed on to the building owner. Only when the BSR is satisfied with the building, will a completion certificate be issued.
Building Inspector and Building Control Approved Register
The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023 amends the Building (Approved Inspectors etc.) Regulations 2010 (the AI Regulations) to support the new higher-risk building control regime and to implement a new oversight regime for building control bodies and building control inspectors.
The regulations will strengthen the building control profession and sector by improving standards, competency and accountability. The changes are meant to streamline the building control process so that it works more efficiently.
The BSR are now the only building control authority for higher-risk buildings in England. All higher-risk building work will fall under the supervision of the BSR which means local authorities and approved inspectors will no longer be able to supervise higher-risk building work.
New Registration System
There is also a new registration system and process for building control approvers and registered building inspectors. This includes:
- First-time registration process for individuals required to register as building inspectors with the BSR;
- A set period of 4 years as the registration length for building inspectors (after which building inspectors will need to re-register); and
- Registered building inspectors must meet the registration requirements set by the BSR including the Code of Conduct and follow the Building Inspectors Competence Framework.
- Registration with the Building Safety Register will affect approved inspectors and local authority building control inspectors.
The regulations also set out the procedure for notices to be provided in relation to higher-risk building work, making it unlawful for higher-risk building work to be included in an initial notice or amendment notice.
For non-higher-risk building work not overseen by the BSR, the local authority building control and approved inspectors will be expected to hold duty holders to account in delivering their duties in regard to competence requirements.
Transitional Period
There is currently a transitional period which allows approved inspectors to continue with higher-risk building work while they register as registered building control approvers. Any accepted work not started or not completed during the transitional period work will then be cancelled automatically at the end of the transitional period.
Building Safety Regulator
The BSR is a new role that was introduced through the BSA and will be undertaken by an independent regulator. It is part of the Health and Safety Executive (HSE) and will have its own powers, strategic plan and programme of work. The BSR will provide advice to building control bodies such as local authorities and fire and rescue services.
The main role of the BSR is to oversee the safety and performance of all higher-risk buildings, throughout the lifecycle of a building. This includes some hospitals and care homes.
Developers of higher-risk buildings no longer have the option to choose whether they want to use a local authority building control or a private inspector as their building control body as this role will now automatically be undertaken by the BSR.
The BSR will regulate building standards throughout the lifecycle of a building, including during the design, construction or any major refurbishment. Their main duties are described below:
- Overseeing the performance of other building control bodies (including local authorities and registered building control approvers) and understanding and advising on existing and emerging building standards and safety risks.
- Advise the government and oversee and influence the competence and performance of the built environment.
- Implement the new regulatory regime for higher-risk residential buildings.
This regime sees the introduction of decision points. At such decision points, the BSR will assess whether duty holders are properly considering building safety and meeting regulations. There will also be a final decision point following the completion of a building, when the BSR must ensure that the building is safe to be occupied.
Where non-compliance is identified, the BSR will clearly and quickly explain the enforcement decision, the reasons, and the actions required to achieve compliance. The BSR will discuss reasonable timescales with the duty holder and explain what will happen if they don’t comply. All residents and other interested parties are to be informed of any enforcement action taken against a duty holder which will be available via the Enforcement Policy Statement (EPS).
Harris Associates can offer a bespoke solution to enable you to comply with the latest legislation. We are experts in statutory compliance and fire safety-related matters with experienced and qualified technicians, surveyors, engineers, and project managers. We have national coverage and can help with all aspects of façade remediation from FRAEWs through to the coordination and delivery of complex façade remediation contracts.
For more information on our services, assistance, or advice on these latest developments or any related fire safety or regulatory matter please contact Shaun Harris, Tamer Duman, or Richard Stone via phone or email at shaun@harrisassociatesuk.com, tamer@harrisassociatesuk.com or richard@harrisassociatesuk.com call 0203 195 0857, 0161 615 3679 or 0121 213 6307.
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