The Building Safety Act (BSA) UK, which became law in 2022, is a comprehensive and crucial piece of legislation that aims to improve the safety and quality of buildings while reducing the risk of harm to occupants during natural disasters and other emergencies.
The Act is the Government’s response to the Grenfell Tower tragedy of 2017, which highlighted the need for stronger regulation and oversight of building safety.
Ranging from construction materials to compliancy and inspections, it is imperative for building owners and developers to be aware of all the provisions of the BSA, and to work towards making our buildings safe for everyone.
However, with such a large and complex governing framework, it can be easy to overlook some of its most important elements and unwittingly commit serious offences – and face the consequences.
As a leading property and construction consultancy, we’ve identified five key areas and explain why they matter, as well as the considerations and actions you need to take.
1) Definition of higher risk buildings
A significant milestone concerning higher-risk buildings (HRBs) passed in April 2023.
When the BSA originally came into force last year, it outlined several HRB implications but said further clarification was to follow.
That clarification came under the new BSA legislation entitled: Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (Regulations).
It clarified that HRBs are, broadly speaking, buildings of at least 18 metres in height or at least seven storeys and contain at least two residential units.
Secure residential institutions (i.e. prisons), hotels, military barracks and other military buildings are excluded.
Care homes and hospitals are included if they’re currently in design and construction phase and meet other HRB criteria. They are excluded if in occupation phase, and are instead regulated as workplaces through the Regulatory Reform (Fire Safety) Order 2005 (Order).
2) The Building Safety Regulator
The Act has established a new building safety regulatory system, which includes the appointment of a Building Safety Regulator (BSR).
The BSR is an independent body and part of the Health and Safety Executive (HSE). It has the power to enforce safety regulations and hold building owners and developers accountable for their actions.
In October 2023, the BSR is due to become the building control authority for HRBs, before formally launching in April 2024, when it will have the power to issue Building Assessment Certificates showing how Accountable Persons are managing building safety risks and keeping residents safe.
3) Building Registration
Not only did April 2023 mark the implementation of the new HRBs law (see section 1) but it opened the window for the registration with the BSR of occupied HRBs, of which there is an estimated 12,500 in England.
It is highly anticipated that owners and managers who fail to register their occupied HRBs in time – currently set for 30th September 2023 – will be investigated and face prosecution.
That’s why it’s vital for you to consider whether this new definition of HRBs impacts any of your properties or projects – past or present.
The registration fee is currently £251 and various details of the building and main contact (see next section) are required.
4) Accountable and Principal Accountable Person
Another key element of the Act has been the creation of Accountable Persons and the Principal Accountable Person. These individuals or organisations are subject to criminal sanctions for non-compliance with BSA regulations.
An Accountable Person (AP) owns or has a legal obligation to repair any common parts of an HRB. These could include the structure and exterior of the building, corridors, lobbies and staircases. Typical Aps are freeholders or estate owners, landlords and management companies. There could be several APs and each one could be accountable for multiple buildings.
APs are responsible for assessing and managing the risks posed to people in and about the building from structural failure or the spread of fire in the parts of the building for which they are responsible.
A Principal Accountable Person (PAP) is one of the APs. If there is only one named AP, then they automatically become the PAP. They are ultimately legally responsible for ensuring the building is registered, safe and compliant.
PAPs also have the responsibility of HRB registration (see section above) and must make sure that the structural and fire safety risks are managed properly for the whole building.
5) What’s next – the Gateway Process
New official ‘Gateways’ have been created under the BSA that effectively act as trigger points to check on safety measures at three key stages during design and construction.
Gateway one – Planning Gateway – is already enforced as part of planning applications.
Gateway two – Pre-construction stage – is due to enter force in October 2023. Building control approval must be obtained from the BSR before relevant building work starts. Applications must demonstrate how the proposals comply with building regulation requirements. Dutyholders have been warned that it is not a tick-box exercise.
Gateway three – Post-completion – is also due to become law in October 2023. Building control approval must be obtained from the BSR before registering and commencing occupation of a higher-risk building. An application will be required including plans and documents that reflect the ‘as-built’ building.
Overall, the Building Safety Act is a crucial and necessary step to ensure the safety of buildings in the UK, especially in the wake of the Grenfell tragedy.
The regulations and oversight are designed to help prevent similar tragedies by holding those responsible accountable and making sure buildings are safer for everyone.
Learn more and stay up to date with the latest insight by visiting our BSA hub here.
Alternatively, contact Francis Hunter, Senior Associate CDM Manager and H&S Lead, at Ingleton Wood, by emailing francis.hunter@ingletonwood.co.uk.
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