The Building Safety Act and its implications for clients, consultants and contractors
The Grenfell Tower Fire, which resulted in unthinkable loss, led to a comprehensive review of building regulations and fire safety in the UK. From this review emerged the Building Safety Act (BSA).
This Act is a commitment to safety for every building—our homes, our places of work and play. It applies to all projects subject to building regulations.
Understanding the BSA is for all of us: Clients, Consultants and Contractors. And we’re here to make sense of it all. Let’s take a collective stride towards a safer future in building development.
In this guide, we cover:
What is the Building Safety Act?
The Building Safety Act will transform the law relating to the design and construction of all buildings and the operation of higher-risk residential buildings. It will have an impact on the work of everyone in the construction sector.
It’s designed to mirror some of the roles and responsibilities of the Construction (Design and Management) Regulations (CDM). But it focuses on compliance with building regulations and its intention is to add an extra layer to building safety. Making old rules stronger rather than replacing them.
It applies to all buildings and construction projects, with a special focus on Higher-Risk Buildings (HRBs). To recap, these are at least 18 metres high or with 7 or more storeys above the ground level, and they have two or more dwellings (it also applies to care homes or hospitals of the same height).
When will the BSA be enforced?
The BSA came into effect on October 1st 2023 but there’s a transition period. If your building project was registered with a local authority for building regulations beforehand and it significantly commences (new definition of commencement applies) on site before 6th of April 2024, it will be processed under the old rules. For any other project, the BSA will apply.
Who are the Dutyholders?
The Building Safety Act introduces new regulations that place duties on those who procure, plan, manage and undertake building work of any kind.
As a client (person or organisation commissions construction projects ie. developer or building owner), you’re responsible for ensuring that the planning, management and monitoring of the project comply with both the Building Safety Act and Building Regulations. This means appointing the right people, with the right skills, knowledge, experience and organisational capabilities. And making sure those you appoint have systems in place to guarantee compliance with building regulations.
If you’re a designer or contractor, it’s essential to keep your work in line with Building Regulations. Plus, you need to make sure that you have adequate resources, skills and competence and that your methods for achieving this stay consistent for the duration of the project. You’ll also need to give out clear details about the project’s design and construction to support ongoing compliance. We go into more detail about how it will impact your work here.
What about Principal Designers and Contractors?
Principal Designers and Principal Contractors now carry new responsibilities under the Building Safety Act (BSA), a significant shift from the previous roles as defined by the Construction (Design and Management) Regulations (CDM).
These roles now encompass broader oversight in the design and construction phases, with a strong focus on guaranteeing compliance with building regulations.
Their duty extends to leading the entire phase, enabling seamless collaboration among all stakeholders to ensure that the final construction meets regulatory standards. This includes fostering open communication and a teamwork-oriented approach.
Interestingly, the role of the Principal Designer, especially as defined by the BSA, aligns closely with the expertise of architects as a lead consultant on typical construction projects (although for infrastructure projects this would be more suited to civil engineers).
Traditionally under CDM, architects sometimes stepped into this role, focusing on health and safety aspects like maintenance and construction. But the BSA’s version of the Principal Designer puts them at the forefront of the design process, making architects particularly well-suited for this responsibility or taking on both aspects of the Principal Designer role.
Given our expertise, we’re best equipped to clarify the role and influence of the Principal Designer. And we will. First, let’s take a closer look at how the BSA affects your work.
How does it impact you?
If you commission, design, construct or refurbish buildings, your work will be directly impacted by the BSA. Here are the key ways it will change things for those of us in the industry:
- Hiring Principal Designers and Contractors: when there is more than one designer or a contractor in a construction project, clients must appoint a Principal Designer to be in control of design work and a Principal Contractor to be in control of the construction phase.
- Ensuring competency: clients need to make sure that the Principal Designer and the Principal Contractor have the right skills, knowledge, experience and behaviours for the work they want them to do.
- Client understanding: designers and contractors must only initiate their work after making sure the client understands their responsibilities.
- Higher Risk Buildings (HRBs): the Gateway system* for HRBs introduces essential checkpoints in construction to evaluate safety and compliance. It’s a step-by-step review that occurs at crucial development stages including planning application, building regulations submission and practical completion, making sure safety is not an afterthought but a priority from the outset.
- Keeping track of everything: you’ll be obliged if you work on HRBs but it is recommended on all projects to maintain the Golden Thread of information, necessitating collaboration on digital record-keeping.
- Reporting what matters: when there’s a significant fire or structural safety issue, it’s got to be reported to the Building Safety Regulator. It’s about being transparent and responsible for every step in the building process.
What are the challenges for clients, contractors and consultants?
The Building Safety Act presents several challenges you’ll need to navigate:
- Increased scrutiny: with a spotlight on competence and capability, there might be a need to revamp internal processes to meet heightened expectations. Are you a client instructing new projects? Then it’s important to have a competent project team in place and be able to demonstrate this. An easy route is to make sure the team is independently verified, chartered and experienced in relevant project types.
- Maintaining the Golden Thread: the responsibility to keep a meticulous digital record of the building’s life cycle is a big undertaking. It requires solid data management strategies to make sure all information is accurate and up to date.
- Diligent safety reporting: the obligation to report any significant safety incidents necessitates the creation and maintenance of effective reporting systems.
- Navigating the regulatory landscape for HRBs: the introduction of the Gateway system adds layers of administrative checks to the construction process. Adhering to these can introduce new challenges in planning, technical design and construction, potentially impacting project timelines and delivery.
- Managing liability risks: Building Safety Act expands legal obligations under Section 38 of the Building Act for non-compliance with Building Regulations. Staying on top of safety standards is more critical than ever to avoid potential litigation.
For all of us in the building industry, these new hurdles really drive home the need to be thorough, flexible and collaborative. It’s all about keeping our standards sky-high for safety and doing our job right.
Help is at hand
It can be overwhelming to think about all the changes the Building Safety Act brings to our work. But there’s a silver lining: the Principal Designer role. As we’ve touched on, this role is a guiding light during the design phase, bringing a sharp focus on safety and compliance.
Get a clearer picture of how a Principal Designer can ease the challenges brought on by the BSA in our forthcoming article.