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Update from BESA Building Safety Act Advisory Group
Many contractors are still ignoring safety regulations despite repeated warnings that measures introduced by the Building Safety Act are already in place and affect every project.
We are concerned that firms do not realise the Act has already altered the regulations that apply to all construction work and not just higher risk/high rise residential buildings (HRBs)* and, therefore, face potential prosecution.
While the Act itself is primarily focused on HRBs, it has already changed many elements of the existing fire safety and building regulations, including the supporting approved documents that apply to all projects. It is also introducing secondary legislation that affects all building work.
Registration has been completed for 11,500 Higher-Risk Buildings (HRBs). The BSR is currently identifying any remaining gaps and strongly advises those accountable for HRB registration to fulfil this obligation before enforcement measures are initiated.
A register containing information on Higher-Risk Buildings will be accessible to the public shortly.
Building Safety Act already changing the legal landscape
The dramatic extension of the claims period for defects from six to 30 years is the standout potential legal issue for contractors as it substantially redraws the 1972 Defective Premises Act.
The implications for supply chains are profound with the 30-year limitation applying to projects completed before the Act came into force in June 2022. The limitation period for projects completed after that date is 15 years. Anyone involved in the design, construction and management of a residential building should keep this on their radar,
The Competence Steering Group (CSG), formed post-Grenfell Tower fire, has released its third and final report ‘A Higher Bar’ outlining progress. Notable achievements include the creation of competence frameworks detailing skills and requirements for roles like installers and project managers. The CSG will transition into an independent subgroup within the Building Safety Regulator (BSR) Industry Competence Committee.
Building Safety Levy: the Government has responded to last year's Building Safety Levy consultation, confirming its application to developments with 10 or more units. The levy will be calculated per square meter, varying geographically based on local authority boundaries. The next steps involve a consultation from 23 January to 20 February 2024, focusing on the calculation methodology, collection method, managing disputes, and exemptions.
In Higher-Risk Building (HRB) projects using the transitional arrangements specified in the Building Safety Act, it is essential that the work reaches a state of 'sufficient progress,' and the Building Inspector and Building Control Approver, if applicable, must be registered with the Building Safety Regulator (BSR) by April 6, 2024. Failure to meet these criteria by the specified date will result in the HRB project transitioning to the BSR, subjecting it to the new regulatory framework, including Gateways Two and Three.
Wales: Building Control profession registration and charging scheme effective from 31 January 2024:
The registration of Registered Building Inspectors (‘RBIs’) and Registered Building Control Approvers (‘RBCAs’) is one of the functions that Welsh Ministers have designated to HSE’s Building Safety Regulator (‘BSR’).
RBI applicants based in Wales need to apply to the BSR (which is the same registration system as applicants based in England) and are encouraged to do this as soon as possible following the opening of the Welsh registers on 31 January 2024.
Webinars
Building Safety Regulator (BSR) Webinar Series.
If you haven’t already register now to watch the BSR webinar series and sign up to forthcoming webinars.
BSR & Construction Leadership Council (CLC) - Industry Competence
Video on demand - A recording of this webinar is now available in the delegate area of HSE website.
Tuesday, 21 February – Building Assessment Certification
The virtual event will help familiarise Principal Accountable Persons (PAPs), Right to Manage (RTM), and Resident Management Companies (RMCs) with the main duties under the act as well as providing an overview of the requirements for applying for a Building Assessment Certificate and how BSR will assess applications.
Building Safety Regulator Courses
In addition to industry webinars, The HSE Building Safety Regulator have developed new face-to-face training courses designed to provide insights into the responsibilities of dutyholders.
The Hub is home to everything you and your organisation needs to be informed about building safety. Regularly updated, the Hub can provide you with reassurance and confidence when dealing with building safety.