The Building Safety Bill: Law Implementation Timeline

The UK government introduced the Building Safety Bill in response to the Grenfell Tower fire, which exposed serious failings in the system of building and managing high-rise homes. The bill was expected to be laid before Parliament in early 2021 and to come into force in 2023. The bill aims to improve building and fire safety, ensuring that residents are safer in their homes. It will establish a new regulatory regime for building safety and construction products, enhancing safety frameworks for high-rise residential buildings and providing clearer accountability for those responsible.

The Building Safety Bill's impact on the Residential Housing Sector

The Building Safety Bill is expected to have a significant impact on the residential housing sector, introducing major financial and practical changes. The bill, which was published in 2021, is expected to become law in 2023. The bill will apply to "high-risk buildings", which are expected to include buildings of 18 meters or 6 stories or more in height.

The bill will introduce a new regulator, the Building Safety Regulator (BSR), which will have the power to assign specific roles or duties to stakeholders in the building or management of all residential buildings. The BSR will also be able to withdraw materials or products from the UK market that do not meet the requisite standard.

The bill will also introduce three "gateways" at key points in the construction cycle for buildings that are at least 18 meters or 6 stories high. Before progressing to the next stage, the BSR will require evidence that the relevant standards have been met. The three gateways will be:

• The Design Stage: The BSR will consult with stakeholders to assess various design matters like fire safety and water supply.
• The Construction Stage: The "Client" will submit evidence to the BSR demonstrating compliance with building regulations and that the "Principle Contractor" and "Principle Designer" are able to effectively perform their duties.
• The Management Stage: The "Client" will submit "as built" building information to the BSR, including fire and emergency safety files and updated plans.

The bill will also introduce the role of Accountable Persons (AP), who will have legal responsibility for building safety and will be appointed prior to the occupation of a building. APs will also be responsible for registering buildings as "High-Risk Buildings" and applying for a "Building Assurance Certificate".

The bill will also have an impact on leaseholders, who will be required to pay a "Building Safety Charge" to cover the costs of any necessary building safety work. This charge will be separate from service charges and will be payable by long leaseholders, defined as those with a lease term of at least 21 years.

Overall, the Building Safety Bill is expected to have a significant impact on the residential housing sector, introducing new regulations and requirements to improve building safety and protect residents.

The Building Safety Bill's three gateways for high-risk buildings

The Building Safety Bill, which is expected to become law in 2023, introduces three gateways for high-risk buildings. These gateways are designed to ensure that safety is considered at every stage of the building control process, from planning to completion.

The first gateway is the planning stage, where applicants must demonstrate that they have considered fire safety matters. This includes submitting a fire statement for full planning applications, which will be assessed by the Health and Safety Executive. The second gateway is the construction commencement stage, where construction cannot begin until the Building Safety Regulator approves the application. This stage requires the submission of additional information on competence, fire safety, control measures, and mandatory reporting. The third and final gateway is the completion stage, where occupation is prohibited until the Regulator conducts final inspections and issues a Completion Certificate.

These gateways aim to introduce a more stringent regulatory framework for high-risk buildings, ensuring that those involved in the design and construction process have the necessary skills, knowledge, and experience. It also mandates the creation and maintenance of a "golden thread" of building information throughout the building's lifecycle.

The role of the Accountable Person

The Building Safety Bill, published in July 2020, is expected to become law in late 2023. The Bill will introduce a new role, the Accountable Person (AP), who will be responsible for ensuring building safety. The AP will have a number of duties, including assessing and mitigating safety risks, engaging with residents, and registering the building with the Building Safety Regulator.

The Accountable Person is a person or organisation with ultimate responsibility for repairing and maintaining the common parts of a building, including the exterior, structure, corridors, and lobbies. The AP is responsible for ensuring that the building is safe to occupy and must take all reasonable steps to prevent and mitigate any safety risks. This includes fire and structural safety risks, as well as any other prescribed matters.

The AP is appointed prior to the occupation of a building and is responsible for registering the building as a "High-Risk Building" and applying for a "Building Assurance Certificate". The AP must also formulate a Resident Emergency Strategy and develop an annual "Building Safety Report" in cooperation with the building's residents.

In addition, the AP must appoint a competent Building Safety Manager (BSM) to assist them in managing fire and structural safety risks on a day-to-day basis. The BSM can be an individual or an organisation and must have the necessary skills and knowledge to perform their role effectively.

The AP is also responsible for submitting prescribed documents and information on the final, as-built building to the Building Safety Regulator, who has the power to veto the appointment of the BSM. The AP must also establish a framework for mandatory occurrence reporting and ensure that all safety occurrences are reported to the Building Safety Regulator.

Overall, the role of the Accountable Person is crucial in ensuring the safety of occupants in high-risk buildings and maintaining safety standards to prevent tragedies like the Grenfell Tower fire.

The Building Safety Bill's progress through Parliament

The Building Safety Bill is expected to be laid before Parliament in early 2021 and is currently proposed to come into force in 2023. The Bill started in the House of Commons and is now in the House of Lords for consideration of amendments.

The Building Safety Bill will apply to ''high-risk buildings',', which are expected to be those with a height of 18 metres or 6 storeys or more. The Bill proposes a new regulator, the Building Safety Regulator (BSR), with the power to assign specific roles or duties to stakeholders in the building or management of all residential buildings. The BSR will also be able to withdraw materials or products from the UK market that do not meet the requisite standard, regulating the market and placing the burden of ensuring product safety on manufacturers.

There will be three "gateways" at key points in the construction cycle for buildings that meet the height criteria. Before progressing from one gateway to the next, the BSR will require evidence that the relevant standards of the previous gateway have been met. The three gateways are:

• The Design Stage: The BSR will consult with stakeholders to assess design matters like fire safety and water supply before granting planning permission.
• The Construction Stage: The "Client" will submit evidence to the BSR demonstrating compliance with building regulations and their satisfaction with the "Principle Contractor" and "Principle Designer".
• The Management Stage: The "Client" will submit "as built" building information, including fire and emergency safety files and updated plans, to the BSR.

Additionally, the Bill introduces the role of Accountable Person (AP), who has legal responsibility for building safety and must be appointed before a building is occupied. The AP is also responsible for registering buildings as "High-Risk Buildings" and applying for a "Building Assurance Certificate". To assist the AP, the Bill introduces the Building Safety Manager (BSM), who can be an individual or organization and will provide assistance on a building-by-building basis.

The AP will also be responsible for formulating a Resident Emergency Strategy (RES) and developing a yearly "Building Safety Report" in cooperation with the building's residents, who must have influence over the policy and decision-making process. The Bill includes an obligation for leaseholders with long leases (terms of at least 21 years) to pay a fee towards necessary building safety work and a separate "Building Safety Charge" to enable the AP to pass on a percentage of the costs introduced by the Bill to residents.

The Building Safety Bill's impact on the construction industry

The Building Safety Bill, which became an Act of Parliament (the Building Safety Act 2022) on 28 April 2022, is expected to have a significant impact on the construction industry. The Act introduces sweeping changes aimed at enhancing safety, quality, and competency across the sector, particularly for high-risk, high-rise buildings. Here are some key ways in which the legislation will affect the industry:

New Regulatory Regime for High-Risk Buildings

The Act introduces a new regulatory framework specifically targeting higher-risk, high-rise buildings. This includes buildings that are at least 18 metres in height or have at least seven storeys, with a focus on residential properties. The new regime will impose stricter requirements on building design, construction, and management to ensure the safety of residents.

Gateway System for Planning

A three-stage 'gateway' system will be implemented as part of the planning process for high-risk buildings. This system will act as a hard stop, requiring approval from the Building Safety Regulator (BSR) before construction can begin. The BSR will have up to six weeks to review any 'major changes' to the design or construction, potentially leading to delays in projects.

Competence Requirements for Architects and Dutyholders

The Act establishes competence regimes to underpin Building Regulations, with new requirements for the Principal Designer and Principal Contractor roles. The Architects Registration Board (ARB) will be given additional powers to monitor and assess the competence of architects throughout their careers, with de-registration as a possible sanction. This shift towards competency assessment and registration will impact not only architects but also building control professionals, who will need to register with the BSR to become Registered Building Control Approvers (RBCAs).

Extended Liability and Legal Claims

The Act extends the time period for leaseholders to pursue legal claims for "unacceptable work" or dwellings that are not fit for habitation from six years to 15 years. This change applies to both new buildings and refurbishment work and could result in insurers having to revisit projects they considered long closed to claims. Additionally, the Act clarifies that building owners, not leaseholders, are responsible for bearing the costs of cladding remediation and other fire safety defects.

Golden Thread of Information

The Act introduces the concept of a 'golden thread' of information, requiring building owners and managers to maintain detailed records of all materials and assets used during the construction process. This information must be stored digitally and made accessible to relevant parties to ensure building safety and effectively manage risks throughout the building's lifecycle.

Resident Engagement and Safety Measures

The Act mandates the formulation of a Resident Emergency Strategy (RES) and an annual Building Safety Report, with residents having a say in the decision-making process. Leaseholders will be required to contribute towards necessary building safety work and will have enhanced protections from costs associated with cladding remediation and other fire safety defects.

Overall, the Building Safety Act 2022 represents a significant shift in the construction industry, prioritising safety, competency, and accountability. The impact of these changes will be closely monitored as the industry adapts to the new regulatory landscape.

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