BUILDING SAFETY ACT & CDM REGULATIONS

On 5th July 2021, the Building Safety Bill, first published in July 2020, was introduced to Parliament. This is a lengthy document and was subject to change as it worked its way through to gaining Royal Assent as expected in April 2022.  

The Building Safety Act 2022 received Royal Assent on 28 April 2022. The basis of the act is to provide residents and homeowners more rights, powers, and protections, ultimately so homes in the UK are safer.  

Following the Grenfell Tower fire in London, June 2017, it became clear that there was a need for government to step in and change legislation, particularly for high rise buildings (HRBs).  The aim is to prevent a tragedy like ever happening again. 

The Building Safety Act 2022 incorporates Dame Judith Hackitts’ recommendations from the Independent Review of the Building Regulations and Fire Safety.  

The Building Safety Act 2022 is extremely comprehensive, a significant piece of legislation for the modern built environment.  

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

Part 6: General

The Building Safety Regulator (BSR) will oversee the safety and performance of all buildings. 

There is a key focus on high-rise buildings. 

The BSA promotes competence and organisational capability within the sector including for building control professionals and tradespeople. 

 The Building Safety Regulator (BSR) in England is part of the Health and Safety Executive (HSE).

BSR was set up under the Building Safety Act 2022 to:

• regulate higher-risk buildings
• raise safety standards of all buildings
• help professionals in design, construction, and building control, to improve their competence
• BSR sets out rules to protect the design and construction of higher-risk buildings. 
• They help give residents confidence in the safety and standards of their building. 
• BSR has a legal responsibility to consult with residents through the residents panel.

The residents’ panel helps people who live in or rent homes in high-rise buildings around England. 

It gives residents a voice based on their experience. Panel members acting on behalf of residents will:

• give BSR advice on aspects of its operation based on real-life experience
• provide input on guidance relating to residents
• assist BSR with developing its annual statement on resident engagement
• be empowered to set up workgroups to undertake in-depth projects
• provide input on BSR resident research
• help to test BSR communications material

Members of the panel do not:

• handle or investigate individual resident complaints
• advise on matters that sit outside BSR's area of responsibility

The National Construction Products Regulator (NRCP) will oversee a more effective construction products regulatory regime and lead and co-ordinate market surveillance and enforcement in this sector across the UK. 

The NRCP has already started taking enforcement action under the scope of existing regulations. 

The New Homes Ombudsman Scheme will allow relevant owners of new-build homes to escalate complaints to a New Homes Ombudsman. 

Developers of new-build homes will be required by secondary legislation to become and remain a member of the New Homes Ombudsman Scheme and secondary legislation will also set out the enforcement framework and sanctions for breaching requirements. 

The Secretary of State may also approve or issue a developers’ code of practice which sets out the standards of conduct and the standards of quality of work expected of the New Homes Ombudsman scheme’s members.

Building Safety Act competency requirements can be considered in two halves:

• General competence requirements for all construction professionals
• Specific duty holder competence requirements

Building Safety Act secondary legislation introduces the general competence requirements for everyone in the construction industry.

Any individual carrying out either building or design work must have the necessary:

•  Gain Professional Qualifications 
•  Complete accredited training courses 
•  Undertake relevant work experience 

Building work in accordance with all relevant requirements

Design work, so if the building work to which the design relates was undertaken, it would still be in accordance with all relevant requirements

Essentially, organisational capability refers to having the appropriate management policies, procedures, systems and resources in place to ensure you can meet the Building Safety Act competency requirements.  

Instead of behaviours appearing detached from the very act of work, they are an intrinsic part of it.

There are four key ‘pillars’ to the behaviours the Building Safety Act secondary legislation is referring to:

1. Respect for life, the law, environment and public good 
2. Honesty and integrity 
3. Accuracy and rigour 
4. Direction, conduct and communication