With the Building Safety Act 2022 now fully in force, principal surveyor and owner of CQS Solutions Tim Lloyd considers the impact of the new legislation on the construction industry.
It is now three years since the Building Safety Act came into force – one of the biggest changes in the UK construction industry for decades.
In its robust response to the Grenfell Tower report, the government aimed to “overhaul regulations, creating lasting generational change and setting out a clear pathway on how residential buildings should be constructed, maintained and made safe”.
Almost three years on, with the law fully in force, we’re seeing the realities of the new rules unfold in the deluge of secondary information and guidance which has been published to support the new regime.
The government’s response to the Grenfell Phase 2 Report was published recently giving full backing to 49 of the report’s 58 recommendations with the remaining nine accepted in principle.
The response highlights the government drive to create a safer built environment through a review of the definition of Higher Risk Buildings (HRBs), the immediate creation of a single super-regulator for the construction industry and a review of how statutory guidance on building regulations is communicated to the construction industry. It also signals that further significant reform and new legislation is on the horizon.
Three years ago the Building Safety Act 2022 focused mainly on HRBs which are generally over 18 metres high or seven storeys or higher and contain at least two residential units, a care home or hospital. The legislation was about making the construction, management, operation and alteration of these buildings more transparent from start to finish and making people accountable for what they do.
All stakeholders have a responsibility to collect, store and share more data, creating a digital ‘golden thread’ of information connecting the different phases of a project including planning, design and construction, commissioning, operation and maintenance.
This legislation places new requirements on owners, developers, contractors, and suppliers, demanding a more rigorous approach to building safety including the appointment of a Building Safety Manager, demonstration of fire-resistant materials and transparent supply chains and increased regulatory oversight before, during and after construction.
There is also a new focus on the competency of professionals and contractors in the standards. Since 2024, in secondary legislation linked to the BSA, anyone carrying out the new dutyholder roles of principal contractor and principal designer on construction projects must demonstrate their competence through specific qualifications.
Additionally the secondary legislation introduced a general competence requirement for all construction professionals and ‘organisational capability’ for all construction companies.
The government has also clarified the definition of an HRB saying that the 11-metre threshold is not a definitive cut-off point. Buildings below 11 metres may still be considered relevant buildings under the Act if they share specific characteristics with higher-rise buildings, such as complex layouts or the presence of certain cladding materials.
It is increasingly clear that the principles being enacted for higher risk buildings under the Building Safety Act 2022 should be regarded as best practice in the design, construction and maintenance of all buildings regardless of their height.
The construction industry has found the last three years challenging as the new legislation and the raft of regulation that has followed has forced a new way of thinking across the sector.
A year ago the Industry Safety Steering Group (ISSG) published its report on the progress being made on driving culture change within the many groups involved in the built environment sector.
It said it could report a higher level of interest and engagement but at the same time it had encountered a widespread tendency to further delay action while waiting for further detail to emerge.
At least part of the regulation around the new law has now emerged and there is full government backing to resetting safety standards in the wake of the 2017 Grenfell Fire tragedy. But the regulation should also be a catalyst for fundamental improvements to the industry.
It’s a chance to evaluate how we work and establish best practice in the industry.
But, as flagged up by the ISSG, there must be a real shift in industry behaviour to really drive this through.
There is a need for better and earlier collaboration between client/designers and contractors as well as appropriate methods of procurement such as partnering contracts or 2 stage tenders to help spread risk and encourage openness.
While these changes add complexity to projects, they also offer benefits such as improved safety and potentially a reduction in long-term costs through better planning.
The industry still faces a period of adjustment, but the long-term benefits of these reforms will lead to better accountability, safety, and transparency and overall create a more secure future for residents and property owners alike. And that has got to be a winning formula all round!
For the latest advice and comprehensive guidance on all aspects of the BSA and secondary legislation check out the Constructing Excellence Midlands resource centre at Resources – Constructing Excellence Midlands