The Building Safety Act 2022 (“BSA 2022”) came into force on 1st April 2023 following reforms to building safety legislation associated with new and high-rise buildings following the Grenfell Tower disaster in 2017.
The legislation will have potential implications for builders and developers of residential and mixed-use buildings as it principally applies to buildings of at least 18 metres or seven storeys high. Certain provisions will apply to all new developments consisting of at least two dwellings which are at least 11 metres high. The BSA 2022 will therefore apply to some mixed-use developments as well as residential accommodation blocks.
Notably, the definition does not include hotels and secure residential institutions but it does apply to care homes and hospitals during the “construction” stage until they become available for occupation.
How will this affect Building Management?
Whilst the press coverage around the BSA 2022 focuses on dangerous cladding and protection to leaseholders from having to pay for remediation work where a defect relates to a safety risk, the takeaway point of view for a building owner, freeholder or management company will be the increased duties to mitigate safety risks at all stages of the building project.
Planning and design
In the first stage, the builder or developer will need to produce a Fire Statement as part of the planning application to confirm how they propose to implement the regulations. It will now be necessary to have Building Regulation Approval in place before construction.
Construction
Responsibility will then turn to an Accountable Person or Persons. This can be the building owner themselves, an individual, a partnership or a company. The Accountable Person will have a duty to register the building with the Building Safety Regulator before the building can be legally occupied, apply for a Building Assessment Certificate, and continuously assess the building risks by providing case reports to the Building Safety Regulator. The Accountable Person will need to record and store up-to-date safety information for the entire life span of the building known as “the golden thread” of building information.
Occupation of the building
As well as duties in connection with new buildings, the Accountable Person will need to register existing high-risk residential occupied buildings with the Building Safety Regulator by 1st October 2023. This requirement came into effect via the Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) (England) Regulations 2023 with the register open from 6th April 2023. As part of the registration, the Accountable Person needs to prepare a building safety case assessment to confirm whether the building is compliant with the building standards applicable at the time of construction.
There are approximately 12,500 existing occupied high-risk buildings in England that will require registration with the Building Safety Regulator in this timeframe and it will become an offence to allow occupation of existing high-risk and new buildings after this date unless registered.
Additional changes
Builders and Developers will also need to be aware of the following further changes:
- Further introductions into the BSA 2022 will see the introduction of a New Homes Ombudsman Scheme to hold developers to account.
- The Fire Safety Act 2021 is to sit alongside the BSA 2022 and will require responsible persons to assess, manage and reduce risks in residential buildings. This includes a duty to record a full fire risk assessment and an obligation to cooperate with the Accountable Person to perform shared duties.
- RICS surveyors have published new valuation guidance for higher-risk buildings and changes are on the horizon in connection with mortgage lender guidance.
For any builders or developers concerned about the impact of the new regulations on their development, we have the knowledge and expertise to guide you through the process. For further information please speak to one of our specialist lawyers by telephone on 0191 384 2441 and ask to speak with a member of our Commercial Property team.
This article is for general information only. It does not and is not intended to constitute legal or professional advice. The law may have changed since this article was published and we would always recommend that you seek specific advice on any legal issue.
