Building Safety Act Update
The Building Safety Act 2022 is the government’s response to the Grenfell Tower fire and details significant changes for building safety. It applies to developers, owners, landlords and tenants of residential buildings.
Recent action against a block owner who failed to carry out necessary cladding works shows that the wheels of the new Building Safety Act are turning. This law addresses everything from the competence of service providers to products for the entire lifespan of a building.
Building Safety Regulator (BSR)
The new Building Safety Regulator (BSR) saw the light under the stated legislation. It falls under the umbrella of the Health and Safety Executive (HSE).
Building control professionals and private sector building control organisations must register with this regulator. The National Regulator for Construction Products (NRCP) will regulate construction products and has the power to recall substandard goods from the market. Much of the regulations giving this law muscle will be implemented in 2023.
Accountable person (AP)
Major changes include the role of the accountable person (AP). The HSE defines this AP as an organisation or person(s) who owns or has responsibility for a building. This includes management companies. Should a building have more than one AP, the person responsible for the structure and exterior of the building will be the principal accountable person (PAP).
Apart from maintaining all common areas in a building, such as corridors, staircases and lobbies, the AP must also:
- Perform ongoing risk assessments and implement safety measures to prevent identified risks. This includes the prevention of fires or structural failures. Safety reports must be submitted in this regard.
- Register all applicable high-risk buildings with the BSR between April and October 2023. After October 2023, it will be an offence if the building is occupied but not registered. This includes all new buildings.
Everyone, from building owners and accountable persons to developers and building product suppliers, must review their policies and ensure that they comply.
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