The Building Safety Act - deadline 30th September

The Building Safety Act

There are only a few weeks before the 30th of September cut off, for those responsible for the health and safety of high-rise residential buildings, to register and comply with the new Building Safety Act. 

This new legislation is the most significant reform in the UK Building sector and the largest regulatory reform in the UK’s build environment industry since the Building Act 1984.

The new legislation that was introduced in response to the Grenfell Tower fire tragedy. This event was indeed a significant turning point in the UK's building and fire safety regulations.

It exposed serious deficiencies in building regulations and fire safety standards in the UK, which led to a comprehensive review of these regulations.

Dame Judith Hackitt conducted an independent review of Building Regulations and Fire Safety following the Grenfell Tower fire. Her review aimed to identify shortcomings in the existing system and recommend improvements to prevent similar incidents in the future. The findings of this review prompted the development and passing of new legislation.

The new act that received Royal Assent on April 28, 2022, is likely a result of the recommendations put forward by Dame Judith Hackitt's review. This legislation represents a significant reform in the UK's building environment industry, aiming to enhance building safety standards, fire safety measures, and overall regulations to prevent similar tragedies from occurring again.

The act provides residents and homeowners extra power and protection so their homes are safer and prevents building owners from passing on the costs of necessary building safety improvements or remediation work to leaseholders and residents. This practice has been a source of contention and financial burden for many individuals living in buildings that require safety upgrades.

The compulsory act applies to residential structures that have:

• At least 7 floors or is 18 meters high
• 2 residential units or more

Two or more separate structures can be considered a single building under certain conditions. These conditions include:

Physical Connections: If the structures are connected by a walkway, lobby, basement, or any other form of physical connection that facilitates movement between them.

Internal Wall with Normal Use Doors: If the structures are separated by internal walls that contain

The Building Safety Act is mainly focussed on England and Wales with some parts applying to Scotland and Northern Ireland.

It’s estimated that there are nearly 12,500 buildings in the UK that will need to register, those who fail to will face legal action.

Covering all stages of the building lifecycle from planning, design and build the act continues to post completion and applies to developers, architects and landlords.

The three new bodies created are:

The Building Safety Regulator (BSR) The introduction of the Building Safety Regulator (BSR) as part of the new legislation is a significant step toward enhancing building safety and performance oversight in the aftermath of incidents like the Grenfell Tower fire. The BSR's role seems to encompass several important functions:

• Safety and Performance Oversight
• Promotion of Competence
• Enhancing Building Control
• Accountability and Transparency

The establishment of the National Construction Products Regulator (NCPR) as part of the new legislation signals a commitment to enhancing the regulatory oversight of construction products in the UK. This regulator seems to have a specific focus on ensuring that construction products meet safety and quality standards.

The creation of the NCPR reflects an awareness of the importance of regulating construction products to maintain the safety and quality of buildings. By establishing clear standards, conducting market surveillance, and enforcing compliance, the NCPR aims to foster a safer and more reliable construction industry.

The New Homes Ombudsman Scheme as the name suggests, is a regulatory framework that addresses issues and disputes related to new homes in the UK. It's designed to provide consumers who purchase new homes with a mechanism to resolve complaints and concerns they may have about the quality, construction, or other aspects of their newly built properties.

The scheme aims to improve the overall quality and standards of new homes by ensuring that builders and developers are held accountable for their work.

As of the implementation date on October 1, 2023, the new legislation begins the process of building safety reform. This reform is expected to involve significant secondary legislation that will likely bring about additional changes and requirements for building owners and developers. Staying informed and up-to-date with these duties and obligations is essential to avoid liability and penalties for non-compliance.

The reference to the latent defect and structural warranty insurance industry indicates that the changes could also impact the insurance landscape for new homes. Longer insurance terms, such as the proposed 15-year term for properties in scope, are likely to have implications for property developers and owners. Utilising the services of a broker, like Vista NW, can be advantageous in ensuring that you are well-informed about these evolving changes as they are released to the market.

Vista's expertise in understanding and explaining these changes positions them well to assist property developers, owners, and other stakeholders. Their ability to provide insights into construction insurance risks, particularly in complex and specialised cases, can be invaluable in navigating the evolving regulatory landscape and ensuring compliance.