Guide to the UK Building Safety Act 2022
The United Kingdom's Building Safety Act 2022 introduces a new regulatory regime affecting higher-risk buildings. Developers, owners, landlords and contractors of high-rise buildings are among those to be affected by changes already in force as well as awaited secondary legislation. The deadline for registering existing higher-risk buildings with the new regulator is fast approaching—the principal accountable person must do this by 30 September 2023. The new regulatory regime introduces a number of fundamental changes to how buildings within scope must be built, occupied and maintained including, in certain situations, the potential for the corporate veil to be pierced.
Our guide provides a summary of the key provisions of the Act and its practical implications.
NEW OBLIGATIONS DURING DESIGN AND CONSTRUCTION
What Is Considered a Higher-Risk Building During Design and Construction?
There are two definitions of higher-risk buildings under the Act which apply depending on the stage of the building's life cycle. During the design and construction phases, a higher-risk building is defined as a building that is:
- At least 18m in height or has at least seven storeys; and
- Contains at least two residential units,1 is a care home, or is a hospital.
The following are excluded from this definition: a building that comprises entirely of a secure residential institution, a hotel or military barracks; or a building containing living accommodation provided by the Ministry of Defence; or a building containing living accommodation for His Majesty's forces or any visiting forces.
The Gateway Regime
The Act provides for a "gateway" regime to be introduced by secondary legislation. The latest government proposal suggests that there will be three approval points ("gateways") during the design and construction process of high-risk buildings. At each gateway, the approval of the Building Safety Regulator ("BSR") will need to be obtained in order to progress to the next stage of work.
| THREE GATEWAYS | ||
| PLANNING (already in force) | PRE-CONSTRUCTION | COMPLETION |
| This gateway applies at the planning stage. The developer (of a relevant building9 ) must submit a fire statement with an application for full planning permission which sets out the fire safety considerations specific to that development. The fire statement must be submitted in the prescribed government form. The Health and Safety Executive ("HSE"), which is the nationa l regulator for workplace health and safety, will act as the statutory consultee on fire safety for planning applications. |
Gateway two applies before construction of a higher-risk building begins (or work begins to convert a lower-risk building into a higher-risk building). The client (or another dutyholder on the client's behalf) must submit a building control application to the BSR in an electronic format. There are a number of prescribed documents that must be provided as part of the application. The gateway is a "hard stop", and construction works cannot commence until the BSR has approved the application. The BSR has a 12-week statutory period to review the application. The government suggests that dutyholders should provide two weeks' notice to the government before submitting an application to ensure prompt review. Changes to approved building works durin g construction will also need the approval of the BSR. |
higher-risk building cannot be occupied unless a "Completion Certificate" has been obtained from the BSR and the building has been registered. Once higher-risk building work has been completed, the client should apply to the BSR for a certificate. This involves handing over information to the BSR, including: a confirmation that the golden thread information has been provided to the relevant person; updated prescribed documents; relevant plans; and a description of higher-risk building work that has been carried out. The BSR has a 12-week statutory period to review the application, and the BSR will consult with the relevant fire and rescue authority during this process. |
The Dutyholder Regime
The proposed dutyholder regime under the Act extends the role of existing dutyholders under the Construction (Design and Management) Regulations 2015. The dutyholders include the client, designer, the principal designer, the contractor and the principal contractor (whether individuals or organisations). The dutyholders will have specific legal obligations and general responsibilities under the Act to ensure compliance with building regulations and to share information with other dutyholders (i.e. contributing to the golden thread of information). The client should be prepared to confirm the steps taken to evaluate the competence of each dutyholder as part of the Gateway 2 building control application.
The "Golden Thread" of Information
The dutyholders are responsible for communicating with one another and their successors in order to maintain a "golden thread" of information throughout the life cycle of a building's design, construction and occupation. This information should be digitally stored and kept up-to-date such that information and documents can be used as proof of compliance with regulations and management of building safety risks at any time. Dutyholders should pass such information to the accountable person once a building is occupied (but remain responsible to the extent that they do any further works to the property).
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
