If you design, build or manage residential buildings, you are probably aware of the Building Safety Act. Created to improve safety in the wake of the Grenfell disaster, it received royal assent earlier this year enshrining it in law.
The new provisions will come into force over the next twelve months or so, so it’s important to be prepared. In this blog, we’ll guide you through some of the main elements of the law and what they mean for you.
Who does the act apply to?
The act is aimed primarily at higher risk residential buildings. These are defined as buildings that are either 18m or seven stories high, and contain at least two residential units. Hospitals and care homes are also covered by the new legislation.
The new law will apply to anyone who is designing, building or refurbishing buildings that fit this description. It will also place new requirements on people who own or manage existing high rise residential buildings.
It is worth noting that the act only applies to England, although the other home nations are likely to follow its lead.
What has changed?
The Building Safety Act is the biggest overhaul of building regulations in 40 years. It is designed to be far reaching, with the stated purpose of “creating lasting generational change [and] setting out a clear pathway on how residential buildings should be constructed, maintained and made safe”.
This means that you can expect some major changes. These include:
- The introduction of a new Building Safety Regulator within the HSE. This is a government body that will oversee the enforcement of the legislation. It will also have the power to impose tougher penalties on those who break the rules. These can include unlimited fines and up to two years in prison.
- The creation of a “Golden Thread” of knowledge for each building. This is a detailed set of information that will be maintained and updated throughout the building’s development and lifecycle. It will allow building managers to make safety decisions based on accurate information, especially when planning and implementing fire safety measures.
- A new gateway system for higher risk buildings. This is a set of three safety checks that must be completed before a building can be occupied. First, applicants must prove that they have taken fire safety into account during the planning stage. Next, the application must be approved by the Building Safety Regulator before construction can begin. Finally, the Regulator has to carry out a safety inspection and issue a Completion Certificate before the building can be opened up to residents.
- The strengthening of the Fire Safety Order. Those responsible for buildings must now regularly review their fire risk assessment, record their safety measures and provide detailed fire safety information to residents. They must take account of the structure, external walls and flat entrance doors.
Do I have to appoint a Building Safety Manager?
The original draft of the law created two separate roles within each building. The Accountable Person was the person or company in charge of the building, while the Building Safety Manager (BSM) was someone they would appoint to oversee day-to-day safety.
In the new version of the law, the need to appoint a Building Safety Manager has been removed. This has led to some confusion, as the BSM was expected to play a central role in maintaining the Golden Thread.
It is likely that these responsibilities will now fall on the Accountable Person. You can share this role among several people, but one of you must be designated as the Principal Accountable Person (PAP). Among other duties, the PAP is required to register existing buildings with the Building Safety Regulator between April and October 2023. New buildings must be registered before occupation.
Don’t go it alone
We’ve barely scratched the surface here. The Building Safety Act is vast and complex, and the consequences for getting it wrong can be serious. If you’re unsure about how to proceed, especially if you need a competent person to undertake a new fire risk assessment, do ask for help.
