Building Safety Act

Question 1

What is the Purpose of the Building Safety Act 2022?

Answer 1

To give residents and homeowners more rights, powers, and protections – so homes across the country are safer.

Question 1

Why has the Building Safety Act come into existence?

Answer 1

In Feb 2017 John Cole published a report into the defects which necessitated the closure of 17 schools in Edinburgh.

A few months, in June 2017, later the Grenfell Tower fire happened.

Following the inquiries the government published draft legislation as the Building Safety Bill to better protect residents and homeowners/ building users.

Question 2

What secondary legislation has come about because of the BSA?

Answer 2

Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023

Fire Safety Act 2021

Question 3

Which buildings fall within the scope of the Building Safety Act 2022?

Answer 3

• Applies to all buildings in the scope of the Building Regulations 2010
• Additional obligations apply to Higher Risk Buildings - those over 7storeys or 18m in height and contains at least 2 residential units
• Hospitals, care homes and buildings with at least 2 residential units will fall within the scope of the design and construction part of the new regime.
• Higher risk buildings have to be registered with the BSR
• Hotels, prisons and military buildings are excluded from the Act
• Hospitals and care homes are excluded form the in occupation part of the new act as they are covered under the RR (FS) Order 2005

Question 4

What new roles have been created under the Building Safety Act?

Answer 4

1. Accountable Person
   - Defined under section 4 of the Act
   - Applies to HRB’s
   - Defined as the person who is in possession of the common parts of the building or has repairing obligation
   - AP’s have to register building with BSR by October 2023
2. The existing dutyholders with additional duties under the Building Regulations etc. (Amendment) (England) Regulations 2023 will be the client (including domestic client), the principal designer (Building Regulations) and the principal contractor as well as duties on designers (including the sole or lead designer) and contractors (including sole contractor).
   Client: Make suitable arrangements for planning, managing and monitoring a project to deliver compliance with the building regs.
   Designers: Not to start work unless satisfied client aware of his duties; take reasonable steps to ensure if built the the designed work will comply with relevant requirements; consider and account for compliance of other elements of the design
   Contractors: Don’t start work unless satisfied client is aware of his duties; ensure work complies with relevant requirements; provide appropriate supervision, instructions, and information to ensure work of others complies with relevant requirements; take steps to provide sufficient information about work to assist others with own compliance
   Principal contractor: Plan, manage and monitor building work; co-ordinate work to comply with building regs; Ensure all contractors co-ordinate with other duty holders; Liaise with PD and share info relevant to planning, management, and monitoring of design and construction work to ensure compliance with relevant requirements; assist client in providing info to other designers and contractors

Question 5

What is the difference between Accountable person under the Act and the Responsible person under the RR(FS) Order 2005/ FSA 2021?

Answer 5

Under the BSA the accountable person is the person who owns or has responsibility for higher risk buildings

Under the RR (FS) Order 2005 as amended by the FSA 2021 the Responsible person has to assess fire risk to people in building or within the vicinity

Question 6

What are the key points of the BSA 2022?

Answer 6

• Defines higher risk buildings - Those over 7 storeys or 18m
• Introduces new Building Safety Regulator (HSE)
• Requires information on buildings to be stored (Golden Thread of Information) which the client is responsible for
• Introduced 3 gateways when information needs to be submitted:
  Gateway 1 - Planning Gateway
  Gateway 2 - When undertaking work on a HRB or construction of a new HRB. This is the Building Control gateway and application has to be made to the BSR
  Gateway 3 - Completion certificate once works nearing completion

Question 7

What new bodies have been created under the Act?

Answer 7

1. Building Safety Regulator
   - This is the HSE
   - Oversees safety and standards of all buildings
   - Help encourage those working in the industry to improve their competence
   - To lead implementation of the new regulatory framework for high rise buildings
   - Statutory consultee for planning applications for buildings within scope of the Act
   - Responsible for maintaining the golden thread of information
2. National Regulator of Construction Products
3. New Homes Omburdsman

Question 8

What is the difference between the roles of the PC, Contractor, Client, PD, Designer under the BSA and CDM?