Following the Grenfell Tower fire in 2017, Dame Judith Hackitt oversaw the inquiry that discovered safety negligence within the construction industry. In this guide, we’ll look at what the Building Safety Act covers, who it applies to, and how to ensure safety risks are managed correctly throughout your construction projects.
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What is the Building Safety Act?
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The Building Safety Act 2022 is a law that aims to improve the safety of people in and around buildings. (It was granted Royal Assent in April 2022).
The Act presents better legal rights, powers, and protection for both building owners and their occupants.
Under the new law, the Building Safety Act applies to Higher-Risk Buildings (HRBs). These include buildings that:
· Contain at least two residential dwellings.
· Are over 18 meters or 7 storeys in height.
The Building Safety Act applies to all building control professionals in both the private and public sector. This includes approved inspector firms; surveyors (in respect to design); quantity surveyors; and project managers.
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Following the Grenfell Tower fire in 2017, Dame Judith Hackitt oversaw the inquiry that discovered safety negligence within the construction industry. Based on the findings, the Building Safety Act 2022 was passed under English law.
The new legislation outlines building safety compliance related to the construction industry. Fires, cladding, asbestos – such safety risks must be managed in accordance with the Act and relevant regulations.
Any evidence of negligence can lead to serious ill-health and life-threatening risks to those connected to your building. That includes employees, occupants, and even members of the public.
For more information on construction compliance, call one of our expert Health and Safety Consultants today. We offer industry-leading information and guidance on infrastructure legislation and so much more.
In this guide, we’ll look at what the Building Safety Act covers, who it applies to, and how to ensure safety risks are managed correctly throughout your construction projects.
What is the Building Safety Act?
The Building Safety Act 2022 is a law that aims to improve the safety of people in and around buildings. (It was granted Royal Assent in April 2022).
The Act presents better legal rights, powers, and protection for both building owners and their occupants. This means they won’t stand as the first contact point when it comes to infrastructure risks. Rather, it falls to the wider construction industry, like architects, engineers, contractors, and others.
The Building Safety Act supersedes parts of the existing regulations on buildings. The government aims to change attitudes, understandings, and proactiveness when it comes to managing safety defects in buildings.
Which buildings does the Building Safety Act apply to?
Under the new law, the Building Safety Act applies to Higher-Risk Buildings (HRBs). These include buildings that:
Contain at least two residential dwellings.
Are over 18 meters or 7 storeys in height.
As of 2024, the Act only applies to high-rise buildings. However, the government aims to extend requirements to include all buildings in upcoming legislation.
Who does the Building Safety Act apply to?
The Building Safety Act applies to all building control professionals in both the private and public sector. This includes approved inspector firms; surveyors (in respect to design); quantity surveyors; and project managers.
Building owners must manage fire and general structural risks. However, compliance applies throughout the entire lifecycle of the building. For example, during design, construction, completion, occupation, and even demolition stages.
Who oversees the Building Safety Act?
The Building Safety Act introduces three new regulatory bodies that oversee procedures:
Building Safety Regulators
The Building Safety Regulator (BSR) manages the safety and performance of all UK buildings – mainly high-rise buildings. Their main responsibility is to promote competence and capacity across the sector, specifically for building control professionals and tradespeople.
The National Regulator of Construction Products
The National Regulator of Construction Products (NRCP) ensures construction regulations are adhered to throughout projects. They co-ordinate market surveillance and enforcement Actions.
The New Homes Ombudsman
The New Homes Ombudsman Scheme allows owners of new-build homes to escalate issues to them. New-home developers are legally required to remain a member of the New Homes Ombudsman Scheme.
How to show compliance with the Building Safety Act
It’s unfortunate that safety laws like the Building Safety Act arose from devastating incidents like the Grenfell Tower fire. That’s why safe and proper working practices are crucial within the construction industry.
Let’s take a look at the steps on how to show compliance with the Building Safety Act:
Register with the Building Safety Regulator
The first step to take is to register with the Building Safety Regulator. This is a legal requirement for all eligible building owners; and can lead to criminal prosecution if ignored.
The Building Safety Regulator will oversee a gateway process of approval. This process lasts for the entire lifespan of the building. After registration, you’ll need to submit all structural and safety information to them. This step is then followed by a safety case report at a later date.
Assign an Accountable Person
Any new or existing higher-risk buildings must seek the approval of an ‘Accountable Person’. They’ll demonstrate proper measures in regard to managing building safety defects.
The Accountable Person is usually the one who owns the building or has responsibility over it. Under the Act, they must:
Register all new buildings with the Building Safety Regulator before occupation.
Prepare a safety report for existing buildings.
Liaise with the regulator’s requests regarding inspections and certification.
From the 30th of September 2023, all eligible buildings must be registered with the Building Safety Regulator. Any form of non-compliance could result in criminal prosecution.
Create a digital golden thread of information
A ‘digital golden thread of information’ involves documenting all relevant data on a building – standing as its single source of truth.
The Accountable Person is responsible for creating and maintaining the data which must run throughout the life cycle of a building. This starts from the design and infrastructure stages, right to occupation and even decommission. The auditable trail of accountability must be:
Kept digitally.
Kept secure.
Considered as the single source of truth.
Made available to individuals who require information to complete their job.
Follow the gateway system
The regulator will then action a three-step procedure known as the gateway system. (Please note the names and definitions are still being confirmed by the government):
Gateway One: This is the planning phase.
Gateway Two: This is the Building Control Application and Works Phase. (Construction cannot start until the Building Safety Regulator approves the application).
Gateway Three: This is the final step regarding completion and handover. (The building cannot contain occupants without the Regulator’s approval).
Get expert advice on the Building Safety Act with Peninsula
Whilst the Building Safety Act derived from the devastating Grenfell Tower incident, responsibility goes beyond fire safety. It impacts the entire construction process – sharing liability with developers, architects, engineers, contractors, and building owners.
Peninsula offers expert advice on the Building Safety Act. We offer 24-hour HR advice – ensuring proper compliance is kept throughout the duration of your construction projects. We even have a free ready for you to download.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with one of our Health and Safety consultants today.
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