What are the key changes to the Building Safety Act?

Duty holders

The Building Regulations etc. (Amendment) (England) Regulations 2023 have been published which create duty holder roles that mirror those under the CDM Regulations 2015.

The duty holders are:

• Client – ordinarily owning an interest in the building and the person or organisation for whom building works are being carried out.
• Principal Designer – as appointed by the Client.
• Principal Contractor – as appointed by the Client.
• Designers
• Contractors 

Whilst these duty holders have the same titles and broadly similar functions, they are distinct legal roles set aside from the existing CDM duty holders. Do not assume that your current CDM Principal Designer will have the skills, knowledge, experience and behaviours to automatically fulfil the role of the Building Regulations Principal Designer - Clients will need to make a specific new appointment to discharge their responsibilities. The same principle will apply to Principal Contractors.

In addition, there is a new duty holder named under these Regulations – the Accountable Person.

Building Safety Regulator 

The Building Safety Regulator is a newly formed organisation as part of the Health & Safety Executive (HSE) and has three main functions as set out below.

• overseeing the safety and standards of all buildings
• helping and encouraging the built environment industry and building control professionals to improve their competence
• leading implementation of the new regulatory framework for high-rise buildings

Some of the key changes include.

• Creation and maintenance of a register of Building Inspectors and Building Control Approved Inspectors.
• Gateway 1 - Planning stage to include fire statement, HSE as consultee. Already in place through planning legislation
• Gateway 2 - Pre-start on site, compliance, competence of team, strategy for managing construction.
• Gateway 3 - Practical Completion/Before occupation. As built application with evidence.
• Creation and maintenance of a register of Building Inspectors and Building Control Approved Inspectors.

They will also have enforcement powers such the ability to stop work on site and prevent occupation at building completion with the potential to issue fines and bring prosecution.

Industry competence

The Act requires more robust checking of the competence of project teams. Introduction of a series of competency frameworks and greater regulation for professional bodies such as the Architect’s Registration Board.

Construction Products Regulator

The Regulator given powers to remove construction products from the market due to health and safety concerns.

New rights for owners to take action against construction product manufacturers where a product fails to meet its requirements or is defective.

Extended Liabilities

Claims under the Defective Premises Act concerning the construction of dwellings is extended from 6 years to 15 years into the future. There is also a retrospective 30-year limitation period for works completed prior to the date of Royal Assent, essentially historical claims dating back to mid-1992 can now be brought.

How do I prepare for Building Safety Act changes?