Building Safety Act Frequently Asked Questions

Following the Grenfell Tower fire in London in June 2017, it became clear that there was a need for government to step in and change legislation for high rise buildings (HRBs) so that a tragedy like this never occurs again. It builds on the recommendations within Dame Judith Hackitts’ Independent Review of the Building Regulations and Fire Safety final report published in May 2018. RICS has been working closely with and advising government on the changes.

We expected the draft Bill, having already undergone pre-legislative scrutiny, to have quite a lengthy passage through the House of Commons and the House of Lords before being passed by Parliament. Royal Assent was achieved 28 April 2022, with an implementation date for some measures as late as 18 months – 2 years afterwards in 2024.

The Building Safety Act 2022 (Commencement No.1, Transitional and Saving Provisions) Regulations 2022 (Statutory Instrument no.561) were published in May 2022 setting out a timeline for implementation of some of the provisions of the Act this year.

The Act is the most comprehensive piece of legislation to hit the built environment in decades. It is divided into 6 Parts;

Part 1: Introduction

Part 2: The Regulator and its functions

Part 3: Building Act 1984

Part 4: Higher-risk buildings

Part 5: Other provisions about safety standards, etc

Part 6: General

In addition there are 11 Schedules;

Schedule 1: Amendments of the Health and Safety at Work etc Act 1974

Schedule 2: Authorised officers: investigatory powers

Schedule 3: Co-operation and information sharing

Schedule 4: Transfer of approved inspectors’ functions to registered building control approvers

Schedule 5: Minor and consequential amendments in connection with Part 3

Schedule 6: Appeals and other determinations

Schedule 7: Special measures

Schedule 8: Remediation costs under qualifying leases

Schedule 9: The New Homes Ombudsman Scheme

Schedule 10: Amendments in connection with the new homes ombudsman scheme

Schedule 11: Construction products regulations

See this link to the Act table of contents, with interactive links to each section.

Explanatory Notes have now been published, with interactive links to sections and pages, which will help you navigate through this lengthy Act. These notes also have;

Commencement

Financial implications of the Act

Related documents

And finally 3 Annexes;

Annex A – Territorial extent and application in the UK (subject to devolved nations take up). See attached pdf.

Annex B – Hansard References

Annex C – Glossary

The Welsh Government are committed to improving building safety to ensure another tragedy like Grenfell is avoided. Whilst there are differences in approach to rectification of cladding defects and building safety from England, the overall impact should be safer buildings. RICS has been and continues to work closely with the Welsh Govt on these issues. A written Ministerial Statement was published 4^th March 2024 here confirming a new Building Safety (Wales) Bill will be introduced, which will go significantly further than the BSA in England. All multi-occupied residential buildings in Wales which contain two or more residential units regardless of height are proposed to be in scope.

The Fire Safety Act 2021 was also implemented in Wales, by The Fire Safety Act 2021 (Commencement) (Wales) Regulations 2021, which came into effect on 1^st October 2021.

The Building Safety Act 2022 has not yet been implemented in full in Wales, and no new national regulator such as the BSR has been set up. The Building Safety Act 2022 (Commencement No. 3, Transitional and Saving Provisions) (Wales) Regulations 2023 were made on 18^th Aug 2023. More information on changes in Wales will be posted here for future reference. See this link to the Audit Wales report published August 2023 on building safety in Wales.

The EWS1 process applies equally to Wales as it does to England. Read the Ministerial / RICS statement published 21^st March 2023 here. The extended guidance applicable to Wales was published 15 December 2023 here.

The guidance document ‘Fire safety responsibilities Under Section 156 of the Building Safety Act 2022’ published on the Welsh Government website is for those who have responsibilities for fire safety under the Regulatory Reform (Fire Safety) Order 2005. It covers the changes to the Order made by Section 156 of the Building Safety Act 2022. These new requirements will come into force on 1 October 2023.

On 15 November 2023, the Welsh Ministers laid The Building Safety (Description of Higher-Risk Building) (Design and Construction Phase) (Wales) Regulations 2023. These Regulations define what constitutes a higher-risk building for the purposes of section 120I of the Building Act 1984. Part 3 of the Building Safety Act 2022, which inserted section 120I into the 1984 Act, makes provision for higher-risk buildings to be subject to an enhanced regulatory regime during the design and construction phase. These Regulations come into force on 1 January 2024.

On 5 December 2023, the Welsh Ministers laid The Building (Building Control Profession) (Registration, Sanctions and Appeals) (Wales) Regulations 2023. These Regulations prescribe periods for registration of a registered building inspector and registered building control approver, set out the sanctions for registered building control approvers and deal with appeals of a decision made by the Welsh Ministers, who are the regulatory authority in relation to Wales, under Part 2A of the Building Act 1984. These Regulations come into force on 1 January 2024.

Also, on 5 December 2023, the Welsh Ministers laid The Building Control Profession (Charges) (Wales) Regulations 2023. These Regulations make provision for the recovery of charges for and in connection with the performance of the Welsh Ministers’ functions under Part 2A of the Building Act 1984, which makes provision in relation to the regulation of the building control profession and oversight of those exercising building control functions.

Reminder that responses to the call for evidence and consultation on plans to amend the building regulations for Approved Document Part B (Fire Safety) are required by 9 January 2024. A copy of the consultation and impact statement can be found on the Welsh Government website here.

The Welsh Government has published a summary of responses and their subsequent response to the consultation; “New Build developments: delivering gigabit capable connections”. The consultation proposal was to amend building regulations guidance: part R (physical infrastructure for high-speed electronic communications networks. The report can be read here.

See also ‘How does the Act affect building control?’ for more information relating to Wales.

Registration for building control professionals in Wales opened on 31 January 2024. See the question ‘How does the Act affect building control?’ below for further information.

The Scottish Government are committed to improving building safety to ensure another tragedy like Grenfell is avoided. Whilst there are differences in ownership legislation and approach to rectification of cladding defects and building safety from England, the overall impact should be safer buildings. RICS has been and continues to work closely with the Scottish Govt on these issues.

The Building Safety Act 2022 does not generally apply in Scotland. For the only relevant parts refer to the Annex A – Territorial extent and application in the UK (subject to devolved nations take up).

The Northern Ireland Executive are committed to improving building safety to ensure another tragedy like Grenfell is avoided. Whilst there are differences in ownership legislation and approach to rectification of cladding defects and building safety from England, the overall impact should be safer buildings. RICS has been and continues to work closely with the Department of Finance and is a member of the Expert Panel for the Building Safety Programme on these issues. See the Panel’s report Improving Safety in High Rise Residential Buildings in Northern Ireland.

The Building Safety Act 2022 does not generally apply in Northern Ireland. For the only relevant parts refer to the Annex A – Territorial extent and application in the UK (subject to devolved nations take up).

A written ministerial statement on 29 April 2024 updated the Northern Ireland Assembly on plans to bring forward legislation to address the disparity of legal protection to citizens affected by defective premises. The proposed legislation would extend the limitation period for actions taken in relation to defective or damaged buildings from six years to 15 years prospectively, and from six years to 30 years retrospectively. This will bring parity with England & Wales. Executive approval has been given for the development and introduction of a Defective Premises Bill, as well as approval for the accelerated passage procedure to be used. The Bill will be brought before the Assembly at the earliest opportunity.

The Act will create a clear, proportionate framework for the design, construction and management of safer buildings in England in the years to come (note the Act will not apply to Scotland and in limited parts to Wales, and Northern Ireland).

It will strengthen the construction products regulatory regime, with new requirements to make sure more products are safe, while paving the way for a National Regulator for Construction Products to oversee and enforce the rules.

A new developer tax, and a levy on developers, are also being introduced to ensure that the industry makes a contribution to the costs of correcting existing defects in buildings. To date, over 30 large developers have committed to a Government pledge to rectify defects in buildings they built going back 30 years. Not all developers have yet committed.

Responsible Actors Scheme

Regulations to implement the first phase of the Responsible Actors Scheme passed into law on 3 July 2023. Eligible developers who do not join the Scheme and comply with its conditions will have planning and building control prohibitions imposed on them.

Change made:

Updated with information on and links to the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023, that passed into law on 3 July 2023.

A higher level of competency will be required for the regulated roles referred to in the Act of Principal Designer and Principal Contractor for residential high-rise buildings (HRBs). In addition, a new Building Safety Regulator (BSR) will have responsibility and oversight of the whole building control profession for all buildings. This means all building control professionals (public sector and private sector), private building control approved inspector firms, building surveyors (in respect of design), building managers, quantity surveyors and project managers are all affected by the Act.

An Interim Industry Competence Committee has been established by the Health and Safety Executive (HSE) ahead of the Act requirements for an Industry Competence Committee, and this interim committee will be ensuring that competence of all involved in the design, construction, and management of buildings is ramped up, including resident engagement and communications.

RICS is currently reviewing our pathways and competencies framework, comparing our requirements at the point of entry to the profession against the frameworks being created for the new regulated roles. 

This follows making knowledge and understanding of fire safety a core competency requirement for chartered building surveyors in 2018, having already been a core competency requirement for chartered building control surveyors.

Any changes will be consulted on; however, we do anticipate that for those professionals who wish to work on HRBs, there will need to be an accreditation with demonstrable third-party validation as well as a public register. Training will also be developed to support our professionals through these changes.

The new role of Building Safety Manager (BSM) is now scrapped.

Building owners will be required to manage safety risks, with clear lines of responsibility for safety during design, construction, completion and occupation of high-rise buildings. The focus of the Act is on building structural safety and fire safety only, not other aspects.

It will also require a ‘golden thread of information’, with safety considered at every stage of a building’s lifetime, including during the earliest stage of the planning process (Gateway 1).

Building owners will need to demonstrate that they have effective, proportionate measures in place to manage safety risks, and will need to register their buildings. Any incidents will also need reporting to the Building Safety Regulator, which will be within HSE.

The Regulatory Reform (Fire Safety) Order 2005 will also be amended, to ensure tougher sanctions for non-compliance. Those who don’t meet their obligations may face criminal charges.

Residents in high-rise buildings will have more say in the management of their building in future. They will be able to raise building safety concerns directly to the owners and managers of buildings, who will have a duty to listen to them.

And if residents feel concerns are being ignored, they can raise them with the Building Safety Regulator (BSR) directly.

All homeowners will also have more than twice the amount of time, from six years currently to thirty years, to claim compensation for sub-standard construction work as a result of amendments to the Defective Premises Act 1972, extending the time in accordance with the Limitation Act.

This will apply retrospectively – meaning that, properties built up to 30 years prior to this change coming into effect will be able to bring a claim for compensation for defective work.

However, the Act will not affect the current requirements for leaseholders to contribute towards the costs of remediation for combustible cladding and other building/fire safety defects where government funding is not available, for blocks below 11m. For buildings 18m+ / 7-stories or more, the Building Safety Fund is available for cladding remediation and the Government have committed again to the principle that leaseholders should not have to pay. For 11-18m buildings, a further £4Billion fund has been announced, and developers and product manufacturers are expected to pay. However, there is a cap of £10K outside London, and £15K within Greater London so leaseholders may have to still contribute, but only if all other options have been exhausted. In January 2024 Government published a guide for residents on the Building Safety Fund (BSF). The BSF provides funding to fix life safety fire risks associated with cladding in buildings over 18 metres high.

Read the BSF guide which explains the process

The leaseholder protection provisions of the Building Safety Act came into force 28 June 2022, at which point landlords will be financially liable, in law, for the remediation of historical building safety defects. Moreover, the ultimate owners of buildings can no longer hide behind shell companies: they must take responsibility for the dangerous buildings they own. Anyone who chooses to breach the statutory protections will be committing a criminal offence. Individuals involved in such criminal activity could face up to 10 years in prison, in addition to the consequences for their companies. Criminal exploitation of leaseholders will be treated as a matter of the utmost seriousness.

RICS is aware that there is a potential issue with leaseholders being granted lease extensions after 14 Feb 2022. These may not have the protections granted by the BSA. We recommend leaseholders seek legal advice and carefully consider how to preserve the BSA protections before proceeding with a lease variation or new lease. See also this advice by government, particularly s.26-s.28.

1) What are my building owner’s legal obligations?

2) Non cladding remediation costs: summary

3) Remediation costs: what leaseholders do and do not have to pay

Those responsible for the safety of high-rise residential buildings in England have six months from April 2023 to register with the new Building Safety Regulator.

The Building Safety Regulator was established to protect high-rise residents from unsafe building practices in England in response to the Grenfell Tower fire.

Under the Building Safety Act, high-rise residential buildings which are 18 metres tall or higher, or at least seven storeys, with two or more residential units are defined as ‘higher-risk’.

Across England there are approximately 12,500 of these buildings and the new regulator will require all of them to be registered from April 2023, with a named person responsible for maintaining their safety.

A new campaign aimed at owners and managers of high-rise residential buildings will highlight their new legal duties. It will call on those responsible for the safety management of higher-risk buildings to prepare for a new wave of regulatory change to ensure that they are ready to step up and comply.

The registration process is a crucial stage in setting up the new building safety regime.  Registering buildings in scope will be a legal requirement and owners and managers who fail to comply by October 2023 will be investigated and may face prosecution.

Applying to register a high-rise residential building? See this guidance for a Principal Accountable Person here.

Guidance on registering multiple structures 

The Department for Levelling Up, Housing and Communities has published guidance to help register buildings with complex structures.

If your building has two or more structures that are attached, you need to assess the 'independent section' criteria to see if they count as one building or should be registered separately.

Read the guidance on building definition and independent sections.

You can now self-serve changes to already submitted applications in the registration portal.

If you’ve already submitted an application to register a high-rise residential building (HRB) and need to amend the registration or key buildings information you have provided, you can now do this directly in the registration portal.

If your application has been submitted you have 14 days to inform BSR of changes to your registration information and 28 days for any changes to your key building information.

HSE guidance on applying to register a HRB has also been updated.

You can find new information on the process including:

• the cost of a review
• managing your information
• how to change and add a user for the service

Visit the guidance

You can find other useful information on the registration process and using the service portal on the HSE BSR  Building Safety campaign website.

What is the statutory definition of a ‘higher-risk building’?

A higher-risk building (HRB) is defined as a building in England that:

• is at least 18m in height or has at least 7 storeys; and
• contains at least 2 residential units.

A ‘residential unit’ is defined as a ‘dwelling’ or any other ‘unit of living accommodation’, and so has wide meaning.

The concept of ‘dwelling’ as applies under the Landlord and Tenant Act 1985  is likely to apply (‘a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it’).

The addition of the alternative ‘unit of living accommodation’ gives the term a much wider meaning since it is likely to include (for example) student accommodation and other temporary accommodation where basic amenities are provided (although secure residential institutions, hotels, & military barracks / MOD living accommodation are not within scope).

The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 regulations indicate that, during the construction phase, the definition of higher-risk buildings is extended to include care homes and hospitals that meet the height requirement. Note that this extension does not apply to the occupation phase.

Stricter regulatory standards over higher-risk buildings

Higher-risk buildings are subject to numerous requirements, both during the construction and occupation phases:

• Construction phase – There is a new building control regime, ‘Gateway’ requirements, and the imposition of various duties, culminating in obtaining a Completion Certificate from the Building Safety Regulator (BSR) before occupation can occur.
• Occupation phase – There is a new occupation regime, with a requirement for Accountable Persons and the Principal Accountable Person to fulfil various duties, including for the latter the duty to ensure that the building is registered with the BSR.

What is a ‘relevant building’?

New rights and remedies have also been introduced to protect leaseholders (amongst others) in relation to existing relevant residential buildings in England that:

• are 11m+ in height or more than 5 storeys; and
• contain at least 2 dwellings.

These include:

• Remediation Orders – which can be sought against a landlord (usually the building owner) to require the remediation of specified relevant defects.
• Remediation Contribution Orders – which require a specified body corporate or partnership to make payments to a specified person for the purpose of meeting costs incurred or to be incurred in remedying relevant defects. There is a very wide scope of who can be subject to these orders, with the courts even able to look beyond the corporate veil to parent and sibling entities, or to consider those who were associated with an insolvent landlord.
• Schedule 8 Leaseholder Protections – which include that landlords cannot include the costs of cladding remediation works into the service charge.

Note that the application of these provisions is narrower since the wide-ranging alternative ‘unit of living accomm1odation’ is not relevant to the definition of buildings in scope for these protections.

The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023

Guidance on the criteria for being a higher-risk building - GOV.UK (www.gov.uk)

Criteria for determining whether a building is a higher-risk building during the occupation phase of the new higher-risk regime - GOV.UK (www.gov.uk)

Criteria for determining whether a new building that is being designed and constructed is a "higher-risk building" - GOV.UK (www.gov.uk)

Criteria for determining whether an existing building is a higher-risk building during building work - GOV.UK (www.gov.uk)

Search HRB registration information online

You can now search for the details of a registered high-rise residential building online.

Using the new Government portal you can find a building’s registration information using its postcode.

This information includes:

• name and address details
• year built
• height in metres
• number of storeys
• number of residential units
• details of APs, PAP.

Access the HRB register portal

If you think a building should be registered but you are unable to find it on the portal you can contact the BSR here.

The Government has laid the Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 (applicable to England only) in Parliament. The regulations were subject to the affirmative procedure, meaning they were debated and approved by both Houses of Parliament before they became law. They are now in force with effect from 6th April 2023.

A copy of the regulations can be found here and the associated explanatory memorandum can be found here. A government response to the consultation on the regulations can be found here.

Read the HSE guidance published here.

The regulations set out the high-level information (the key building information) that the Principal Accountable Person (the person responsible for the repair of the structure and exterior of the building) will have to provide to the Building Safety Regulator.  The regulations also clarify the parts of a higher-risk building for which Accountable Persons are responsible, when there are multiple Accountable Persons.

The key building information is high-level information that will enable the Building Safety Regulator to: analyse trends and risks in high-rise residential buildings;  prioritise the assessment of the fire and structural safety in existing high-rise residential buildings and so effectively tranche the call-in and assessment of Safety Case Reports; identify similar buildings or systems if an issue emerges. The key building information is high level information and will not contain all the information that will be required in the golden thread.

Clarifying the parts of a building for which Accountable Persons are responsible is essential where there is more than one Accountable Person involved in the ownership of a higher-risk building. Residential building ownership is not always straight forward with multiple Accountable Persons having entered complex lease arrangements dictating the repairing responsibilities of different parts of the building. The regulations will enable those involved in the building safety management of a higher-risk building to identify which Accountable Person is responsible for a particular part of a building in relation to their responsibilities under the Building Safety Act.

Some residential properties primary use is residential flats but have private car parks and/or gyms/ swimming pools solely for the use of residents (not public use). These are secondary uses. HSE has confirmed that they only wish to know about the main largest secondary use and only one.

A question in the key information is “What type of insulation is used in the outside walls of (property name)?” – HSE have confirmed;

• This is the insulation in the outside walls.
• The options listed are the ones that BSR wants to know about, it is not an exhaustive list. If the exact option for your building is not included in the drop-down answers please select ‘not known’ where available, or apply the closest fit for your building from the available options.

A higher-risk building (HRB) is defined as a building in England that:

• is at least 18m in height or has at least 7 storeys; 

Sections of The Fire Safety (England) Regulations 2022 also are applicable to buildings over 11m / 5 storeys or more, so it is important to know the height of a building.

Counting the number of storeys should be fairly easy, but remember not to include the basement if the floor is below ground level – it is only the ground floor and all stories with accommodation above, not including plant rooms etc on/in the roof.

To measure the building to establish it’s height in metres, use the useful diagram D6 in p.145 of Approved Document B (Volume 1: Dwellings) to the Building Regulations – see this link. Remember to measure to the finished floor level of the uppermost habitable storey to the ground level on the lowest side of the building.

Regulations 5 and 6 of the  ‘The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023’ give the rules -

5.—(1) Subject to paragraph (2), the height of a building is to be measured from ground level to the top of the floor surface of the top storey of the building (ignoring any storey which is a roof-top machinery or roof-top plant area or consists exclusively of roof-top machinery or roof-top plant rooms).

(2) Where the top storey is not directly above the lowest part of the surface of the ground adjacent to the building, the height of the building is to be measured vertically from the lowest part of the surface of the ground adjacent to the building to the point which is a horizontal projection from the top of the floor surface of the top storey of the building (ignoring any storey which is a roof-top machinery or roof-top plant area or consists exclusively of roof-top machinery or roof-top plant rooms).

6.—(1) Subject to paragraph (2), when determining the number of storeys a building has the following is to be ignored—

• any storey which is below ground level;
• any storey which is a roof-top machinery or roof-top plant area or consists exclusively of roof-top machinery or roof-top plant rooms; and
• any storey consisting of a gallery with an internal floor area that is less than 50% of the internal floor area of the largest storey vertically above or below it which is not below ground level.

(2) Where a section is a building pursuant to regulation 4(2) or (4), any storey directly beneath the building which is not below ground level is to be counted in determining the number of storeys the building has.

(3) A storey is treated as below ground level if any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.

DLUHC have since updated their guidance on GOV.UK (19/10/23) on how to measure height to determine if a building is a higher-risk building during the occupation phase, so follow this link and the guidance in the section ‘Counting storeys and measuring height’ which also contains useful diagrams.

NB the Approved Document B guidance is still applicable for building regulations purposes. Always determine the purpose of measuring height before selecting the appropriate guidance.

RICS has published a useful article on heights and the regulations in England, in the RICS Built Environment Journal online, see here.

The Act introduced several significant changes to the Defective Premises Act 1972, namely applying the DPA to extension or refurbishment works to existing residential properties and extending the limitation periods for breaches under the DPA from six years currently to thirty years retrospectively in respect of existing buildings and to 15 years prospectively for new building work.

The extended limitation period for claims will apply both prospectively and retrospectively. The changes allow for residential property owners to challenge sub-standard construction work that may have become apparent after the existing six-year limitation period. This means that work that had previously been discounted as being out of time, could now be resurrected and claims be brought as a result of the retrospective effect of the changes.

Since the Grenfell tragedy, a hardening PII market and insurers concern around the building regulations alongside exposure to fire safety, have resulted in the reduced availability of PII and significant increases in premium cost. The retrospective extension of the period of limitation will not be viewed positively by insurers, who have been concerned by changes to building regulations, and brings back into scope previously discounted risks which have not been priced into their reserves for claims or into the premiums of the risks that they are currently underwriting. At a time when insurers are assessing their construction exposure, the increased limitation period for which claims can be made may result in insurers assessing their involvement in the market.

As a result, the legislative change is likely to negatively impact the availability and cost of PII for RICS regulated firms in an already extremely challenging market. We will work with Government, insurers and other stakeholders to limit the impact of these measures as the legislation is implemented and ensure that adequate and affordable PII remains in place.

See the following related article reporting on the Court of Appeal case of URS Corporation v BDW Trading Ltd (2023) EWCA Civ 772 (July 2023).

The safety case report is a document that summarises your HRB safety case. It identifies your building's major fire and structural hazards. And it shows how you are managing the risks as far as you can.

      The report should give the reader confidence that you:

• have identified your building's major fire and structural risks
• are managing and controlling them

These will be required to be prepared by the Accountable Person (see below) and will be called in by the BSR every 5 years, starting with 2024, and who will issue a Building Assessment Certificate. The certificate will not certify a building is safe. The intention will be to start with the riskier potentially less safe buildings. Details of what should be in a Safety Case Report are here. These reports will be available to residents on request.

HSE have published a further five guides on preparing for the new safety case regime and asks for your help in sharing this information. The guides are designed to help those in control of high-rise residential buildings (HRRBs) to meet their legal duties under the Building Safety Act, 2022. As part of the new regime, any ‘in scope’ building will need to prepare a safety case to demonstrate that the building is safe from the risks of fire spread or structural collapse.  An ‘in scope’ means buildings that are at least 18 metres in height or have at least seven storeys and at least two residential units.

• Safety Cases Reports

Update 01/09/23 –

The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 give further detail regarding safety case reports, building safety risks, building assessment certificates, information etc.

Update 19/09/23 –

New guidance published Preparing a safety case report.

The HSE Building Safety Regulator (BSR) have published (Feb 2024)  Safety Case Toolkit guidance for Accountable Persons to assist them in preparing a safety case report.

See this link for Keeping information about a higher-risk building: the golden thread

Also, see this letter from DLUHC and the BSR 17 April 2024

The Institution of Structural Engineers have published guidance on preparing safety cases 26^th  April 2024.

Assessing higher-risk buildings under the Building Safety Act: a compendium of structural typologies

The policy intent behind Planning Gateway One (PGO) was introduced into Planning Practice Guidance by the Department of Levelling Up, Housing and Communities (DLUHC) in June 2021. ‘The changes are intended to help ensure that applicants and decision-makers consider planning issues relevant to fire safety, bringing forward thinking on fire safety matters as they relate to land use planning to the earliest possible stage in the development process and result in better schemes which fully integrate thinking on fire safety’.

The purpose therefore is to ensure that fire safety is thought about at the earliest stage possible and not end up being overlooked at planning permission stage and baked in to any development when it could then prove problematic trying to change the design at a later stage. A development must pass PGO to progress to Gateway 2 (before building work starts).

It only applies currently to residential HRBs and educational accommodation buildings.

Further information is available on the Planning Portal here.

Gateway 2 is the detailed application process check point for the detailed design for HRBs. No work can commence until, the detailed design has been signed off by the BSR when the project involves:

• construction of a new higher-risk building
• work on an existing higher-risk building, including work that causes the building to stop being a higher-risk building
• work on an existing building that will make it a higher-risk building

A higher-risk building is a building that has at least:

• 7 storeys or is at least 18 metres high
• 2 residential units or is a hospital or a care home

See this link Design and building work: meeting building requirements published by the HSE updated 4th March 2024.

The Accountable Person (AP) and Principal Accountable Person (PAP) is a new role (distinguished from the Responsible Person under the Regulatory Reform (Fire Safety) Order 2005) for residential higher-risk buildings (HRBs). This will be the organisation or person who owns or has responsibility for the building. It may also be an organisation or person who is responsible for maintaining the common parts of a building, for example corridors or lobbies.

The AP/PAP will usually be an organisation or business but could also be an individual.

The AP/PAP will have a duty to take all reasonable steps to:

• prevent a building safety risk happening, with building safety risk defined as ‘spread of fire and/or structural failure’
• reduce the seriousness of an incident if one happens.

Further information can be found here and here.

See also –

Managing high-rise residential buildings published by HSE 24 April 2024.

Building completion certificates – how to apply for a completion or partial completion certificate after work has been completed, published by HSE 24 April 2024.

See also the following law cases;

Brompton Estates Nominees No.1 Limited & Brompton Estates Nominees No.2 Limited -v- Wall Properties Limited 13^th March 2024, a First-Tier Tribunal decision.

Unsdorfer v Octagon Overseas Ltd & Others [29^th Feb 2024] UKUT 59 (LC), an Upper Tribunal (Lands Chamber) appeal against a First-Tier Tribunal decision.

All building control professionals (ie individuals), either in a local authority or private firms are now to be called Registered Building Inspectors (RBIs) if they practice in building control; firms formerly known as Approved Inspectors are now to be called Registered Building Control Approvers (RBCAs), and all will come under the new BSR mandatory registration requirements. The BSR will therefore be the regulator for all new buildings and any refurbishment, not just HRBs, although will only take a more direct interest as building control body in those buildings in scope (those HRBs 18m+ / 7-storeys or more with two or more residential units, hospitals and care homes that meet the same height threshold). Developers must from 01 October 2023 apply to the BSR for building control approval before starting work on any projects involving HRBs. See the following links for guidance on how to make an application to the building control authority -

The Building Safety Regulator is now the Building Control Authority for higher-risk buildings in England - Making Buildings Safer

Guidance on how to make an application to the Building Control Authority is available – Managing building control approval applications for higher-risk buildings - GOV.UK

For those who are ready to make an application the service is available on gov.uk – Manage a building control application for a higher-risk building - GOV.UK

There are new dutyholder roles introduced into building regulations by the Building Safety Act. This in the new Part 2a of the Building Regulations 2010 - The Building Regulations 2010 (legislation.gov.uk) and is addition to those roles under CDM2015.

Everyone who has a stake in any project (the client, the designers and the contractors) have duties to have arrangements and systems in place to plan, manage and monitor both the design work and the building work to ensure compliance with building regulations.

The duty to ensure compliance remains with those who procure the building work and those who have key roles in the design and construction process, who are responsible for ensuring that building work is designed and built to be compliant with building regulations. The dutyholders will be required to cooperate with other dutyholders, coordinate their work, and communicate and provide information to other dutyholders.

They will also need to ensure they and those they appoint are competent (have the necessary Skills, Knowledge, Experience and Behaviours (SKEB)) or if they are an organisation, the organisational capability, to carry out the design work and building work they are engaged to do and only undertake work within the limits of that competence.

Clients should carefully consider how their proposed building work will comply with both the procedural and functional building regulations’ requirements. They will be required to explain assumptions about the management and maintenance of the building once in use, as well as the behaviours and characteristics of residents or other users. This approach is to support an industry culture change by moving away from building regulations compliance as a ‘tick box’ exercise, towards a greater understanding and confidence in how to demonstrate compliance with regulations. 

Principal Designers, Principal Contractors and anyone carrying out any design or building work must be competent for their roles, and organisations must have the organisational capability, competence and capacity to fulfil their obligations. Clients too have a duty. These duties apply to ALL building work, including small domestic works, and not just HRBs.

Further guidance from the HSE is available here.

Competence validation will be an expected strong focus, and RICS has been working closely with HSE over 2022 and 2023, to understand further how this will need to be demonstrated in future. The Building Safety Regulator (BSR) opened a register of building control professionals in England on 1 October 2023. RICS had been seeking approval as an independent competence assessment scheme provider to ensure that its members can demonstrate their competence to fulfil the different registration classes as defined in the newly published Building Inspector Competence Framework (BICoF). A survey had been issued to all members involved in building control to inform this.

The HSE BSR have stated that all registrants must have an independent competence assessment certificate; and if not can register at Class 1 only. Registrants can upgrade to higher Classes in due course.

Whilst these discussions with the HSE BSR have been ongoing, there were significant hurdles not least of which was delay, and eventually no approval from the HSE to our proposed and fully worked-up detailed proposals until autumn 2023 leaving RICS in a difficult position despite having demonstrated how competencies map to the BICoF. RICS remains committed to developing the profession and supporting it’s building control members and recognises that in the limited timescale available, a joint collaboration with other providers is in the public interest and members interests to address an industry challenge and is the only way forward in the limited time available.

It is important to remember that registration continues after 6 April 2024 deadline - if you believe that you will not be ready to register by the deadline apply for Class 1 registration now, and then complete your application through one of the three approved schemes, see below for further information.

We know that the registration process is creating unprecedented pressures on building inspectors and building control staff and it is vital to seek help if you are struggling, especially if it is affecting your mental or physical health.

Please remember that RICS Lionheart can offer you and your family free support with your mental and physical health. This can include access to counselling giving you the opportunity to support you independently.

RICS has written to the UK and Welsh Government about this, see our statement here. RICS welcomes the sensible transitionary arrangements announced by the Welsh Government, soon after our letter was sent, in order to avoid a crisis in building control approvals.

Update 14^th March 2024; HSE BSR has written an open letter to industry saying there will be a 13 week extension for assessment of competence up to 6^th July 2024. It is important to note that eligible professionals must be registered at Class 1 and be enrolled on an assessment of competence scheme by 6^th April 2024 to be eligible to continue working. There will be no extension beyond 6^th July 2024. RICS remains concerned that whilst Government have listened to our concerns, the 13 week period is insufficient.

The CABE Building Inspector Competence Assessment Scheme (CBICAS) is now open to non-CABE members, as of 1 November 2023.

RICS is pleased to announce that the HSE BSR have now (December 2023) approved a partnership with CABE to deliver assessment of competence for building control professionals. You will need to provide full evidence your current RICS membership is up to date and CPD record. All RICS Chartered (MRICS/FRICS) building control professionals (ie individuals), either in a local authority or private firms who seek to be called Registered Building Inspectors (RBIs) at all Classes (2, 3 or 4) are eligible to undergo the CABE assessment. It is not open to AssocRICS members, who should apply to the BSCF or Total Training scheme. The fees payable by RICS members are the same as full CABE members. RICS members also do not have to join CABE as members.

CBICAS is approved by the Building Safety Regulator (BSR) to provide individuals with evidence of their competence, allowing Building Control professionals to register as a Building Inspector as required under the Building Safety Act (2022).

The scheme follows three key stages;

Stage 1 – application and career portfolio submission

Stage 2 – submission of a technical report and competence statements; and

Stage 3 – a two-part technical report and professional review interview.

CBICAS is also an Engineering Council approved standard, and successful assessment at Class 2, 3 or 4 will entitle you to register with Engineering Council as an Incorporated Engineer (IEng) if you wish.

How to Apply

CBICAS – Complete Guide for RICS Members

Read the Complete Guide document to further your understanding of the scheme. RICS members should apply direct to CABE, not RICS.

CABE Professional Information Note 100 on building inspector registration and supervision, published Feb 2024 and updated with a new annex A added 11^th March 2024.

Registered Building Control Approver (RBCA) assessment criteria

Published by HSE on 11 March 2024, this guide will help you understand the assessment criteria when you apply to register your business as a RBCA in England and Wales.

It will explain how the Regulatory Authority will assess your application against the:

• Professional Conduct Rules (PCRs)
• Operational Standards Rules (OSRs)

More information on the scheme, including a 'Webinar Wednesday' introducing building inspector registration

For further information, go to the CABE Building Inspector Competence Assessment Scheme FAQs, and also these RICS Building Safety Act information centre FAQs where regular updates will be posted.

RICS recognises that some members may not wish to avail themselves of this route to registration, and is pleased to be able to also signpost members to the BSCF assessment of competence. RICS works collaboratively with LABC and will provide updates on this route too.

For any queries, please contact standards@rics.org

Three schemes are currently approved by the HSE BSR, and are available to members as appropriate;

• CABE
• BSCF
• Total Training and Development Ltd

The HSE BSR published (28 April 2023) the final version BICoF for the transitional period to April 2024, which has now been updated here. See also this link to the OSRs (Operational Standards Rules) and Code of Conduct published by the BSR, which have been updated and are applicable from 6th April 2024.

The OSRs set out the mandatory practices and procedures Building Control Bodies (BCBs) must adopt in exercising their building control functions. Building Control Bodies will be notified in due course regarding the monitoring arrangements, reporting requirements timeline and date for first data submission.

The Code of Conduct for Registered Building Inspectors (RBIs) and Professional Conduct Rules for Registered Building Control Approvers (RBCAs) have now been updated (first published 3rd July 2023).

All Registered Building Inspectors, public and private sector, must comply with the Code of Conduct coming into force in April 2024. It sets out the standards of professional conduct and practice required of individuals performing their role as a building inspector registered with the Building Safety Regulator.

The Professional Conduct Rules apply to Registered Building Control Approvers. They set out standards of professional conduct and practice expected of Building Control Approvers in the private sector registered with Building Safety Regulator coming into force in April 2024.

For further information view the:

• Building inspector code of conduct
• Professional conduct rules
• Investigation procedure statement – Regulation of the building control profession (HSE BSR Aug 2023)
• Building Control: An overview of the new regime. Gateways 2 and 3 – application to completion certificate guidance published by the HSE (Aug 2023)

The Building Regulations etc. (Amendment) (England) Regulations 2023 effective from 1st October 2023.

The Dutyholder and Competence requirements have been tucked neatly into 9 new pages of the Building Regulations, forming a new Part 2A, comprising 17 new regulations. They cover clients, designers and contractors and introduce a statutory duty only to appoint those that the client has evidence to assure them of competence. Designers and contractors have a duty to assess their competence and to turn down work for which they are not competent.

Building Act 1984 (Commencement No.3) (England) Order 2023 (SI 2023/992 (C.58))

This Order brings into force the Building Act 1984 s.33, which makes provision in relation to testing and sampling so far as relating to England, on 1 October 2023.

Building Safety Act 2022 (Commencement No.5 and Transitional Provisions) Regulations 2023 (SI 2023/993 (C.59))

These Regulations are the fifth commencement Regulations made under the Building Safety Act 2022 (c. 30) (“the 2022 Act”). Includes transitional provisions in relation to approved inspectors.

Regulation 2 brings into force on 1st October 2023 a number of provisions of the 2022 Act, including amendments to the Building Act 1984 (c.55) (“the 1984 Act”) which in particular provide for the building safety regulator (see section 2 of the 2022 Act) to be the building control authority for all higher-risk buildings in England. This means that developers will no longer be able to choose the building control body they use for building new residential buildings that are over 18 metres or 7 storeys or more with at least 2 residential units, and hospitals and care homes that meet the same height threshold. Developers/contractors must also apply to the BSR for building control approval before starting building work on any projects involving HRBs.

This is achieved by commencing in particular sections 32 and 46 of the 2022 Act. Section 46, for example, makes it unlawful for initial notices and amendment notices to include higher-risk building work. The amendments to the 1984 Act also provide for section 16 (deposit of plans) to be repealed and powers have been inserted into that Act to provide for applications for building control approval instead. The 2022 Act also provides for those appeals etc under the 1984 Act to the magistrates’ courts to instead be to the First-tier Tribunal. And the amendments have provided for the determination of disputes under the 1984 Act by the Secretary of State to be made to the regulator. The amendments in section 42 of the 2022 Act (building control profession) have been commenced so far as to enable the regulator to register building inspectors and building control approvers.

Regulations 3 to 9 set out transitional and saving provisions, in particular in relation to plans deposited, initial notices given or appeals made before 1st October 2023.

Managing building control approval applications for higher-risk buildings published by HSE 02 Oct 2023, updated 24 April 2024.

Manage a building control application for higher-risk buildings in England published by HSE 02 Oct 2023, updated 24 April 2024.

How to make a change control application for higher-risk building work or building work to an existing higher-risk building published by HSE 24 April 2024.

The Building Regulations 2010 as amended by The Building Regulations etc.(Amendment) (England) Regulations 2023 and all previous amendments. Published 01 Oct 2023. Significant changes re HRBs procedures.

Eligibility for transitional arrangements in building control

Published by the HSE March 2024. These transitional arrangements allow projects to stay under the current building control regime – and avoid transfer to the Building Safety Regulator (BSR). Doing this ensures that eligible projects stay under the old rules. Developers must take the required steps for their projects to qualify.

The HSE have now advised the RBI register will open on 5 October 2023 and the RBCA register will open on 10 October.  

BSR Charging Scheme - 1 October 2023;

The Building Safety Regulator (BSR) Charging Scheme 1 October was published on 21 September 2023 in anticipation of it coming into force on 1 October 2023.

BSR charges set out in the Charging Scheme, which is made under DLUHC’s Building Safety (Regulator’s Charges) Regulations 2023 published on 5 September 2023 and come into force on 1 October 2023.

The Building (Registered Building Control Approvers etc.) (England) Regulations 2024

These Regulations consolidate and replace the Building (Approved Inspectors etc.) Regulations 2010, following amendments made to the Building Act 1984 by the Building Safety Act 2022 (the 2022 Act). See also these Regulations which make miscellaneous corrections to the above. They make provision for the implementation of a new regime for registered building control approvers (RBCAs), including provisions on the independence and functions of RBCAs, as well as changes to notices and certificates, including the rejection of initial notices. They also: amend existing forms to support the practical operation of changes introduced by the 2022 Act; set out new provisions on the transfer of building projects to local authorities and introduce the new initial notices process; allow for building projects to be transferred from one RBCA to another; introduce a provision to enable local authorities to have the ability to seek information from an RBCA where this has ceased to supervise a building project, including requiring all records of supervision related to the building work to be made available; and prescribe the cases where the Building Safety Regulator must notify each local authority in relation to RBCA disciplinary matters.

Also defines what is an FSO building under regulation 9: “FSO building” is a building or any part of it to which the Regulatory Reform (Fire Safety) Order 2005(a) applies, or will apply after the completion of building work;

In Force - 6 April 2024

Building Control Profession (Charges) (Wales) Regulations 2023

These Regulations make provision for the recovery of charges for and in connection with the performance of the Welsh Ministers' functions under the Building Act 1984 Part 2A, which makes provision in relation to the regulation of the building control profession and oversight of those exercising building control functions. In force from 1 January 2024.

Building (Building Control Profession) (Registration, Sanctions and Appeals) (Wales) Regulations 2023

These Regulations prescribe periods for registration of a registered building inspector and registered building control approver, set out the sanctions for registered building control approvers and deal with appeals of a decision made by the Welsh Ministers, who are the regulatory authority in relation to Wales, under the Building Act 1984 Part 2A. In force from 1 January 2024.

Regulation of the Building Control Profession in Wales update

Registration for building control professionals in Wales opened on 31 January 2024.

Individuals and organisations who wish to apply to become Registered Building Inspectors (RBIs) or Registered Building Control Authorities (RBCAs) under the new regime, will now have the option to select England and Wales.

The services for both registration processes have been updated and can be found here:

• Register as a building inspector
• Register your business as a building control approver

BSR will follow up directly with RBIs who have already applied to register in England and who indicated at the time that they would also wish to register in Wales.

However, if you originally asked to register for England only but would now like to register for Wales as well, please contact HSE.

There will be no additional charge for registering in Wales as well as England.

The Building Safety Act 2022 (Commencement No.4, Transitional and Saving Provisions) (Wales) Regulations 2024 (SI 2024/207)

These Regulations contain commencement, transitional and saving provisions made under the Building Safety Act 2022, bringing into force various provisions of the 2022 Act on 6 April 2024 in Wales.

Regulation 2 brings into force certain provisions of Part 3 of, and Schedules 4, 5 and 6 to, the 2022 Act on 6 April 2024. These provisions relate to the new regulatory regime for the building control profession in Wales.

Regulation 3 makes a transitional provision to provide that an AI (Approved Inspector), who becomes a RBCA (Registered Building Control Approver) before 6 April 2024, may continue overseeing higher-risk building  work on or after 6 April 2024.

Regulation 4 contains a transitional provision which provides that an AI who does not become a RBCA must not oversee higher-risk building work on or after 6 April 2024. This regulation does, however, provide that an AI may continue to oversee building work that is not higher-risk building work, for a limited time.

Regulation 12 makes a transitional provision to disregard the different classes of building inspector on the register and allows a person to continue working on buildings, including higher-risk buildings, until 1 October 2024. This regulation only applies where a person has registered as a building inspector and is in the process of having their competence assessed, or has successfully had their competence assessed, at the required level appropriate to the work they intend to carry out.

Building (Restricted Activities and Functions) (Wales) Regulations 2024 (SI 2024/238 (W. 48))

These Regulations prescribe the activities and functions of building control authorities and registered building control approvers which are restricted under the Building Act 1984 ss 46A and 54B.

In Force: 6 April 2024

Building (Approved Inspectors etc.) (Amendment) (Wales) Regulations 2024 (SI 2024/244 (W.49))

These Regulations amend the Building (Approved Inspectors etc.) Regulations 2010.

In Force: 6 April 2024

Part 2 of these Regulations amends the Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215) (“the 2010 Regulations”) to implement Part 3 of the Building Safety Act 2022 (“the 2022 Act”). Part 3 of the 2022 Act amends the Building Act 1984 (“the 1984 Act”) and defines the scope and provisions for the regime during the design and construction phase for higher-risk buildings. It also provides for the registration of building inspectors and building control approvers to better regulate and improve competence levels in the building control sector.

https://www.gov.wales/strategic-context-regulatory-framework-wales-html - updated 4th April 2024

https://www.gov.wales/building-inspector-competence-framework-bicof-wales-2024 - published 8^th April 2024

https://www.gov.wales/professional-conduct-rules-registered-building-control-approvers-wales-2024 – last updated 5^th April 2024

Other guides and list of resources: https://www.gov.wales/building-control-profession-standards-codes-and-rules

The Building Safety Act 2022 (Commencement No. 5 and Consequential Amendments) (Wales) Regulations 2024   (2024/447)

These Regulations amend the Building (Approved Inspectors etc.) Regulations 2010, the Regulatory Reform (Fire Safety) Order 2005 and the Energy Performance of Buildings (England and Wales) Regulations 2012 in consequence of the Building Safety Act 2022 Pt 3 ('the 2022 Act'). They also commence s.49(1) and (2) of the 2022 Act.

Part 3 of the 2022 Act amends the Building Act 1984 (“the 1984 Act”) and defines the scope and provisions for the regime during the design and construction phase for higher-risk buildings. It also provides for the registration of building inspectors and building control approvers to better regulate and improve competence levels in the building control sector.

Regulation 3 of these Regulations amends specific provisions of the Approved Inspectors Regulations to amend references to “approved inspector” to “approver” so that they will continue to apply to registered building control approvers. The term “approver” is defined in regulation 2 of the Approved Inspectors Regulations as being a “registered building control approver”.

https://www.legislation.gov.uk/wsi/2024/447/pdfs/wsi_20240447_mi.pdf

Registers of building control inspectors and building control approvers are now available;

England only -

Find a registered building inspector in England

Register of building control approvers - Results

Wales only -

Find a registered building inspector in Wales

Find a registered building control approver in Wales

As stated above, the BSA introduces new duties and responsibilities for clients, designers and contractors in addition and separate to those which already exist under CDM2015.

Somewhat confusingly, Government have introduced the terms ‘Principal Designer’, ‘Designer’, ‘Principal Contractor’ and ‘Contractor’ in the BSA which are not the same as under CDM2015.

These new roles are now part of the Building Regulations (Part 2A) in England with effect from 01 October 2023 for all work subject to building control. This places emphasis on the designer and contractor to ensure compliance with the building regulations and not the building control body as a route to compliance. Notices and procedures have changed, and you need to be fully familiar with the new roles and remember that they are separate to those under CDM but which have similar titles.

The RIBA with whom RICS collaborates has written an excellent article on this, which is available here for further information.

Guidance has now been published on GOV.UK relating to the duties and competence requirements for building regulations that clients, designers and contractors must now meet. See this link. Also Design and construction of higher-risk buildings.

RICS intends to bring forward a training programme in Q4 2024 for Principal Designers which will include knowledge checks and competence validation.

In 2021, the UK Government announced that it would introduce a Building Safety Levy which would apply as a tax on any new development in England considered as “residential”. The revenues from the Levy – expected to be around £3 billion over a 10-year period - will be used to fund work to repair buildings across England with historical building safety defects.

Section 58 of the Building Safety Act 2022 provides the primary legislative framework for the Levy, and regulations will be made in due course to provide for how it will work in practice. A summary of what the UK Government intends is set out in the box below. Further detail on how the UK Levy is intended to operate can be found on the UK Government website here, and is subject to change until it comes into force.

Overview of England Building Safety Levy;

1. It is intended that the levy will be collected by local authorities.
2. Levy rates will vary by local authority boundary in England to take account of different house values.
3. It is proposed there will be a differential levy rate for new build on ‘brownfield’ land.
4. There are a number of proposed exemptions to the levy including affordable housing ( a full list is available on GOV.UK).
5. It is proposed the levy will be charged on floorspace of developments rather than per unit.
6. The UK Government propose to exclude small developments (under 10 units) as a means of protecting small businesses.
7. There is no intention to charge the levy on owners/occupiers who wish to improve their property.

Scotland are seeking devolved powers to introduce their own Scottish Building Safety Levy.

The New Home Ombudsman Scheme (NHOS) is an independent redress scheme.  Any new build buyers who have issues with their new home or developer who are not happy with the quality of their home, or the service provided by the Registered Developer will be able to submit a case to the NHOS if their developer doesn’t deal with the complaint effectively.

All developers will need to register with the NHOS and remain members of the scheme.

All RICS professionals who work on new build residential property should be aware of the NHOS and be aware that they may need to submit evidence as part of a dispute brought against the developer they’re working for.

Section 156 of the Building Safety Act 2022 (BSA) makes a number of amendments to the Regulatory Reform (Fire Safety) Order 2005 (FSO) to improve fire safety in all buildings regulated by the FSO. The changes, which come into force on 1 October 2023, include:

• a new legal requirement for all Responsible Persons to record their fire risk assessment in full (previously only the significant findings needed to be recorded and only in specific circumstances);
• a new legal requirement for all Responsible Persons to record the identity of the individual (their name and/or if applicable, their organisation) engaged by them to undertake and/or review a fire risk assessment;
• a new legal requirement for all Responsible Persons to record their fire safety arrangements (demonstrating how fire safety is managed in their premises);
• a new legal requirement for all Responsible Persons to record (and as necessary update) their contact information, including a UK based address, and share this with other Responsible Persons and residents of multi-occupied residential premises where applicable;
• a new legal requirement for all Responsible Persons to take reasonably practicable steps to ascertain the existence of other Responsible Persons and, where applicable, Accountable Persons (a new legal entity made under the Building Safety Act 2022 in the case of higher-risk residential buildings) who share or have duties in respect of the same premises, and to identify themselves to said persons;
• a new legal requirement for the departing Responsible Person to share all ‘relevant fire safety information’ with the incoming Responsible Person;
• a new legal requirement for all Responsible Persons in a building containing two or more sets of domestic premises to provide residents with relevant fire safety information in a format that is easily understood by the residents;
• an increase in the level of fine that can be issued for offences in relation to the intentionally deceptive impersonation of a fire inspector, failure to comply (without reasonable excuse) with specific requirements imposed by a fire inspector (such as by not providing a copy of the fire risk assessment when requested), and failure to comply with requirements relating to the installation of luminous tube signs, to the maximum possible, bringing them into line with all other offences under the FSO, and;
• a new legal provision that in court proceedings for alleged breaches of the Fire Safety Order, compliance with or deviation from guidance issued under Article 50 may be relied upon as tending to establish whether or not there was a breach of the Fire Safety Order.

https://www.gov.uk/government/publications/check-your-fire-safety-responsibilities-under-section-156-of-the-building-safety-act-2022

S.156(4) is not at this stage being commenced (duty on RPs to appoint a competent fire risk assessor).

All building owners (Principal Accountable Persons) will need to register a residential HRB 18m or more / 7 stories or more, with the Building Safety Regulator (BSR), by 1st October 2023 or face criminal prosecution. There are approximately 12,500 such buildings across England.

The BSR will begin assessing Building Assessment Certificate applications in April 2024.

All building control professionals will need to register with the BSR by 1st April 2024 - the register will open in October 2023.

S.156 of the BSA comes into force 1st October 2023. This makes a number of amendments to the Regulatory Reform (Fire Safety) Order 2005. S.156(4) is not at this stage being commenced (duty on RPs to appoint a competent fire risk assessor).

• Introduction to registering high-rise residential buildings
• Applying to register a high-rise residential building
• Register a high-rise residential building
• Giving BSR structure and fire safety information (key building information)
• Accountable Persons and Principal Accountable Persons
• Building Safety Regulator
• Safety cases and safety case reports
• The Building Regulations etc. (Amendment) (England) Regulations 2023    
• The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023
• The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023
• The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023   
• The Building Safety Act 2022 (Consequential Amendments etc.) Regulations 2023 
• The Building Safety (Regulator’s Charges) Regulations 2023 effective 1^st October 2023
• A guide for persons with duties under the Regulatory Reform (Fire Safety) Order 2005 (as amended) and the Fire Safety (England) Regulations 2022. Published by the Home Office Sep 2023.
• The Building (Restricted Activities and Functions) (England) Regulations 2023. Published 03 Oct 2023, applicable from 06 April 2024.
• HSE Building Safety Regulator strategic plan 2023 – 26 (first published 28th Nov 2023)

The regulations can all be found here: The Building Safety Act: secondary legislation - GOV.UK (www.gov.uk) .

The latest for practitioners in the disciplines of building surveying, building control and building management. Access Building Safety Act related articles in the Built Environment Journal.

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