How the new building safety regime for fire safety may affect you
While most aspects affect high-rises, the new building safety regime delivers changes for the whole construction industry. Let’s find out more.
The Building Safety Act 2022 (BSA) brought a new building safety regime. It became fully operational on 1st October 2023, and is now live. While the core focus of the new regime is on buildings that present a high risk of fire (HRBs), particularly multi-unit residential developments over 18m in height, it nevertheless has implications for the entire construction industry.
In a previous article, we explained how the BSA impacts service charges. In this article, we’ll explain further changes, including how the regulator will police it. Let’s get started.
Raising standards
The Building Safety Regulator (BSR) will oversee the new regime. It aims to promote competence and raise standards in the design and construction of new property developments, no matter the size or scope.
Under the new regulations, the nominated Client, Principal Designer and Principal Contractor have expanded responsibilities to ensure full compliance. Let’s look at these in turn:
Client – The client must ensure suitable project planning, management and monitoring arrangements. They must appoint the people with the correct competencies for the job
Principal Designer – The Principal Designer is responsible for ensuring design work complies with all relevant building regulations during the design phase
Principal Contractor - The Principal Contractor is in charge of guaranteeing building work complies with all building regulations during the construction phase
All three parties should be able to evidence their competence, which the BSR can request.
Registering with the BSR
From 1st April 2024, the BSR will be the sole building control body for high-risk buildings. Building control professionals, including public and private inspectors, must register with the BSR by that date and meet its specific criteria to continue working. Sanctions for failing to comply with the new building safety regime include fines, suspension and de-registration.
3-stage building safety regime
The new building safety regime has three stages (or gateways) governing the design and building of all new HRBs. Failure to comply with the gateways could lead to delays, increased costs, and, as a last resort, the development not receiving its building control certificate. Here are the gateways:
Gateway One (planning) – This stage requires BSR consultation on building safety issues for HRB planning permission. A fire safety strategy must also be submitted
Gateway Two (design) – At this point, Clients must submit advanced design applications to the BSR for approval before construction can begin
Gateway Three (construction) – The Client must apply for a building control completion certificate from the BSR upon completion of the build
After receiving Building Control approval, any significant design changes for the HRB development must be approved by the BSR.
Get an expert in your corner
If you’re a landlord with high-rise properties on your books, the Act will make life more complex, even if its aims (avoiding another Grenfell disaster) are laudable. Complying with the Act can be technical, time-consuming and costly.
To ensure full compliance while minimising stress, you need an experienced property solicitor on your team. They’ll be able to assess your situation, explain your options in an easy-to-understand way, and, if necessary, act on your behalf. Don’t delay in fulfilling your requirements under the Building Safety Act. Talk to your solicitor today.
Find out more from Couchman Hanson
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Call 01428 774756 or visit couchmanhanson.co.uk.