What is the Building Safety Act
Guidance was last checked with the HSE March 2024
The Building Safety Act has been introduced to deal with issues in the construction industry that have affected Building safety for Residential buildings..
If you wish to read the ABCA docuement see link
Introduction of the Building Safety Act Key dates.
The initial stages of the Building Safety Act were introduced in June 2022 with the regulations being finalised from 1 October 2023. The key date for implementation of the Building Safety Act is 6 April 2024.
The CDM Regulations are to be updated to cross reference to the Building Safety Act.
The Government published amendments to the Building Regulations which will apply to all projects and Building Control Applications from 1 October 2023.
Building Safety Regulator.
The Government has also formed a new Regulatory body within the Health and Safety Executive (HSE) called the Building Safety Regulator (BSR). The BSR will oversee many aspects of building safety, including the Building Regulations and Building Control.
The Client submitting Building Control Applications has new Legal responsibilities from 1 October 2023 as a Client. The Client assigns some of these duties to the Designer and Contractor. These legal procedures must be followed so that the Building Control application can be considered.
If you do not follow the procedures, it will result in your application being rejected, and if registered by an Approved Inspector revert to the Local Council Building Control body, which will require the same information to be submitted. [we anticipate local authorities charging an additional fee to deal with reversion applications]
Applicaiton Fees
As there is now more of an onus on submission of information for plan checking and inspection on site, as well as diagramatic explanations of risk management rather than standard risk identification forms. Paperwork has increased. Inspection time has increased. Building Sign Off and Building Manual File processes have increased.
The Application Fees will increase.
Consultants Fees to produce information noew required will also increase.
Where the buiding is a HRB, then there will be an additional fee to for submission of the applicaiton to the Building Safety Regulator in addition to the certified Building Control Inspector. Only specific INspectors certified to work on HRB's will be able to Inspect HRB's on site.
Building Control Officers
Under the new regulations all Building Control Officers will need to become Registered Building Control Approvers [RBCA] which requires registration with the BSR. Approved Inspectors are independent Inspectors registered on the Approved Inspector Register.
Registration of officers to prove compliance will begin in October 2023 and all Inspectors will be expected to have applied for registration before 6 April 2024.
Building Control is to become a registered profession protected by law.
All Building Control officers will have their competence validated by a third party and Building Inspectors will only be able to act on the class that they are registered for.
Problems brewing: As of February 2023 we are advised by Building Control Officers we are working with and the building press that circa 50% of officers have applied for registration and have passed their competancy exams.
Some officers submitting the documentation required to register have not received notification theat their registration applications are successful, and some officers have not taken or not heard the results of their competancy exams.
The press reports that Building Control bodies including Local Authritites are asking the gornment for more time to process registration as they will not have sufficient officers to manage buisness registered and with competancy proved by exam by 6 April 2024.
We are also aware that some Building Control Officers close to retirement with many years of experence working as Building Control Officers , do not want to go through the process of registering or taking exams for a role they have performed for 40 years and have decided to take early retirement.
This has meant in one instance an entire practice we have worked with for 25 years will cease to trade. - CPR
All applications we have with CPR will revert to the relevant Local Authority from 6 April 2024 - see below what reversion means.
Building Safety Act - Applicable to
All Residential projects including residential extensions.
High Risk Buildings: Applications for this type of building would also need to be made to the BSR, with an additional fee being paid, and additional information required.
High Risk buildings are: -
High Risk Buildings: Existing high risk buildings will need to be registered by October 2023.
The RegulationsBuilding Safety Act I - from June 2022
The First part of the Building Safety Act forces the appointment of a Principal Designer for all Domestic projects, including extensions.
Commercial Buildings already need a Principal Designer
For Domestic projects this will involve a Risk analysis drawing being produced.
F10 notification should be submitted where:- there are more than two builders/sub contractors working on the site at any one time [if the Client is working he counts as one] or the project will take more than 300 man days on site
Sets out further requirements regarding Fire Doors.
Building Safety Act II from 1 October 2023Key facts
- Building Control Officers need to be registered to legally work
- Building Control Officers can only undertake work on the class they are registered for.
- Building Control are NOT allowed to officer advice relating to the design as they are required to be independent.
- LABC are legally able to take enforcement action through the courts [similar to HSE powers] for any breach of Building Regulations .
- Enforcement periods are to be increased.
- Financial penalties [fines] are to be increased
- Prison sentences are now being introduced for serious breaches
- Improvement notices are to be used when contraventions are noted on site.
- Stop notices are to be introduced to prevent work proceeding on site.
- All Building Control applications/Initial notices require a Plan certificate, drawings will be required as part of this submission - Which ENDS the Building Notice route. [This also as we see it means that the plan check process will need to be carried out before the BCO will register the Building Notice with the Local Authority. Rather than registering the application -[ie submitting the Initial Notice] and then carrying out the plan check. ]
- A Responsible person [RP] has to be identified for every project. [ie the Client]
- The RP has a legal duty to employ a competent Designer, contractor, sub contractors etc on their project.
- Designers, Contractors and Sub contractors will have to prove their competency to undertake the work.
- Designers, Contractors and Sub contractors will have a legal duty to notify the RP of any issues that may arise and to assist in their remedy.
- Designers, Contractors and Sub Contractors will have to confirm in writing that the Building Regulations have been complied with before completion a certificate can be issued.
- Any breaches of the Building Regulations will lead to enforcement action through the courts.
Dutyholders Role
The Following identifies the Duty Holder and Competence.
| The person for whom the project is carried out |
Client | Domestic Client | A Domestic Client carries out the project but not for business purposes [ie the project is for the Client to live in and not a development for sale] |
| The Designer appointed under Reg 11D is usually the lead designer | Principal Designer | Principal Contractor | The Builder appointed under reg 11D is usual the lead contractor |
| And person [including Client, Builder or others] who carries out, arranges for or instructs design. | Designer | Contractor | Any person, including a Client [ but not the domestic client] who carries out, manages or controls work. |
- All duty holders must share information with anyone who might be affected within the Client, Designer and Contractor Chain.
- It is important for the Client to understand that if he instructs Design changes then he takes on the design role and the liability for those changes. He should instruct the Designer [ie Architect or Engineer responsible for the original design] to amend the design and record this on the drawings, so that all design considerations can be taken. Where the Client does not meet their responsibilities this will negate liability.
- It is important that the Contractor understands that if he constructs not in accordance with the drawings and any calculations then he takes on the Designer role and the responsibilities and PI liability that comes with this. this will negate the Clients liability with the original designer.
- Therefore It is important NOT to change the design on drawings as this could have implications on the Buildings Safety, regulation compliance, and the PI liability.
- Building Control and your Principal Designer will not sign off a Building that does not comply with the Design drawings and Calculations. .
What are the Duties
| Client: any person for whom the project is carried out. |
You must:
|
| Domestic Client: a Client who carries out a project for private use, who is not in the course of furtherance of the Clients business [whether for profit or not] ie Developing the property for sale/or letting. |
You must:
However:
Unless:
|
| Principal Designer: The lead designer and is appointed under Regulation 11D to perform the duties of the Principal Designer. |
You must:
In addition you must:
|
| Designer: means anyone [including the Client, contractor or anyone else] who, during their business, carries out design work or arranges for or instructs persons under their control to do so. |
You must:
|
| Principal Contractor means anyone [including the Client, contractor or sub contractors] who, during their business, carries out design work or arranges for or instructs anyone under their control to do so. |
You must:
|
| Contractor:is any person [including the Client, but not a domestic client] who, in the course of a business, carries out, manages or controls any building work. |
Note where a Client is also carrying out work on site, he will also be a contractor, and counted as a working person on site under the CDM regulations You must:
|
Notification of Dutyholders
The Client must give notification to the Building Inspector when they appoint a Principal Contractor (or Sole Contractor) or a Principal Designer (or Sole Designer)
The notice must be given to the Approved Inspector and include:-
- The name, address, telephone number and email address of the Dutyholder (PC or PD or both).
- If the appointment is a change of Dutyholder (PC or PD or both), the name, address, telephone number and email address of the previous Dutyholder (PC or PD or both) and the date their appointment ended.
- If the notice is given on behalf of the client, a signed statement from the client that they agree to the notice being given and that the information in the notice is correct.
Where the client is a Domestic Client, the relevant notices must be given to the Approved /Building Inspector by the PC or PD and include a statement that the notice is given on behalf of a Domestic Client.
What is Deemed The Commencement of the Work
Notice before starting work and notice when the work is deemed "commenced".
To serve the Initial Notice, the Client must advise the Approved Inspector of the date when it is proposed that sufficient work will be carried out to deem the work as "commenced".
Where work does not involve foundation or substructure works, the Client must state what they consider will amount to 15% of the work described in the Initial Notice.
Work being deemed as commenced is:-
- work is to be regarded as commenced concerning that building or the first stage of building work when the foundations supporting the building and the structure of the lowest floor level of that building (but not the other buildings or structures to be supported by those foundations) are completed.
- work is to be regarded has commenced when the sub-surface structure of the building or the extension, including all foundations, basement levels (if any) and the structure of the ground floor level, is completed.
After three years the Initial Notice will automatically cease to have effect unless sufficient work (as above) has been carried out to keep the project commenced AND the client has given written notice to the Approved Inspector.
Final Certificate Requirements
Compliance Declarations
Where work described in an Initial Notice is complete, the Client must give to the Approved Inspector notice to this effect. The notice must include:-
- The name, address, telephone number and email address of that person
- The date of their appointment
- Confirmation that they fulfilled their duties under the Building Regulations.
- The date they completed their part of the works.
Fire Safety Information
Regulation 38 requires information relating to fire safety to be passed on at the end of a project on all buildings to which the Regulatory Reform [Fire Safety] Order 2005 applies.
Under the Amendment Regulations Building control are required to make a statement on our Final Certificate confirming that we have received confirmation that Regulation 38 has been complied with.
You should note that the Approved Inspector cannot issue its Final Certificate without receiving confirmation that Regulation 38 has been complied with.
Transitional Provisions
Work Other than Higher Risk Buildings
The Amendment Regulations, which include duty holder and competence requirements does not apply where:-
- an Initial Notice is given and accepted by the relevant Local Authority before 1 October 2023 and
- work commences before 6 April 2024
For any new Initial Notices served after 1 October 2023, the Amendment Regulations will apply.
High Risk Buildings
From 1 October 2023 the BSR is now the Building Control Authority (BCA) for High Risk Buildings and you must now submit building control applications to the BSR.
From 1 October 2023, Building Control for alterations to existing, or the design and construction of new Higher Risk Buildings [HRB's} can only be undertaken by the BSR. There are however, some circumstances where approved inspectors may continue as the Building Control provider on HRB projects.
The BSR process will involve passing stringent gateways at planning, design, and construction / occupation stages. The BSR has advised that they will administer the process by utilising the expertise of Multi-Disciplinary Teams {MDTs) which may include suitably qualified and experienced RBIs from the public and private sector.
There is some flexibility for projects which are currently being worked on by Approved Inspectors, these have been termed 'in flight' projects. An in-flight project is excluded from changes to the Building Regulations and Building Control System. ie they may continue to use the incumbent approved inspector instead of the BSR in the following circumstances.,
- An Initial Notice has been given and accepted by the relevant Local Authority before 1 October 2023.
- Work is ‘substantially progressed’ – this means the pouring of concrete for foundations, including piling. Or where work relates to an existing building, when the work has started.
- The Approved Inspector has registered to become a RBCA and employees a suitably qualified registered Building Inspector(s) before 6 April 2024.
This ends the ABCA Guidance document..................................................
Registration of HRB's
Registration of all existing High Risk Buildings was required to be added to the register by 1 October 2023.
Principal Accountable Persons (PAP) were given six months from April to register all high rise residential buildings in England, that are 18m or higher or seven storeys or more with at least two residential units with the BSR.
Those responsible for registering buildings who have missed the deadline could now face significant sanctions, including prosecution.
The BSR will recover charges in connection with the performance of their services through the BSR Charging Scheme. available here
RIBA /HSE CPD Notes - for BPA use
The Act stipulates that the Principal Designer has to be the designer producing the drawings and not a former CDM CO Ordinator, who has no involvement in design. The Principal Designer role will normally be carried out by the Architect, unless the project is a Civils or Structural Engineering project where the Principal Designer would be the Engineer.
We are advised that there will be a role for former CDM CoOrdinator’s as Health and Safety Advisors on larger projects. There will be a Gateway approval process :-
- Gate 1 takes place at end of Stage 3 Start of Stage 4
- Gate 2 end of Stage 4
- Gate 3 end of Stage 5
Procedure are more onerous for HRB’s
Merged Approved documents are being produced, Part B is in progress with more to follow, which will mean there would be check boxes to tick to identify all the items that apply to a project, these are then submitted with the Building Regs Application. This change has not come into effect yet.
A new Building Safety Regulator will be required to Inspect all high risk buildings [dwelling projects [large or small] to ensure compliance.
Building Control Inspectors will qualify to inspect all not HRB Domestic properties, as well as Commercial buildings, a range of competancy levels will be set.
Inspections will be required of Works on Site [including domestic extensions]: Architect, Architectural Technologists, and we also assume Engineers will be required to Re qualify as Inspectors on a 5 year basis. Those Inspecting will require [it is anticipated but not set yet] a min 10 years’ experience before they can take the qualification]
Electronic Evidence File - Contractors/Builders will be required to submit Photographic evidence reports on the construction, this consist of a Project data sheet, Explanation of Works carried out and photographs of all Construction Joints, and Services Installations.
Building Control advise that Builders should start producing these now so they get used to the process
On 22 March 2023 the new Building Safety Regulator BSR hosted its first Building Safety Conference at Central Hall Westminster.
This event was significant because it provided an opportunity for industry professionals dedicated to ensuring building and people's safety to come together. The conference aimed to inform attendees about the upcoming changes outlined in the Building Safety Act 2022, which was introduced in April last year. This Act proposes a series of substantial reforms to building safety and standards that will affect meaningful cultural change in the design, construction, and management of buildings
The conference provided an overview of the core elements of the Building Safety Act 2022, including the role of the Accountable Person and Principle Accountable Person. Overall, the conference was a tremendous success and provided an opportunity for industry professionals to come together to learn and share ideas about how to ensure buildings' safety and people's safety
CDM Regulations due around Oct 2023The CDM regulations will be updated to align with the Building Safety Act
The RIBA Conference we attended on the Building Safety Act was presented by the CDM Advisors to the Government and produced the previous RIBA guide to the CDM regulations.
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Reversion of Applications
Reversion: where a live Building Control Application is reverted back to the Local Authority and the application is taken over by LABC.
This can happend for a number of reasons:-