Principal surveyor and owner of CQS Solutions Tim Lloyd explains why the new Building Safety Act 2023 should be the start of a culture change for the industry.
October 2023 marked the start of the full regime for higher-risk buildings in the Building Safety Act 2022 which was introduced last year as a direct result of Dame Judith Hackitt’s inquiry into the Grenfell Tower tragedy in which 72 people lost their lives.
Her independent review of building regulations and fire safety found that the regulatory system for high-rise and complex buildings was not fit for purpose. Overall she made 53 recommendations for government and industry to drive the cultural and behavioural changes needed to improve building safety.
The Building Safety Act 2022 marks the start of introducing those changes starting with the regulatory regime around high rise buildings. However, many of the changes introduce new requirements and responsibilities that will also apply to all building work.
The six parts and 11 schedules of the Building Safety Act 2022 establish the role of a new regulator and changes to the Building Act 1984 such as the introduction of a New Homes Ombudsman and tighter controls on construction products.
Overall principles
We may already have had a year to prepare for the changes in the legislation but there is always room to remind ourselves of the overall principles and think about whether they will result in that called-for cultural change across the industry.
Overall the Building Safety Act creates a robust regulatory framework for building safety and has been designed to ensure that the safety of occupants is at the forefront of building, design, construction and maintenance.
The current legislation introduces new roles and responsibilities for “higher risk buildings”. There are slightly different definitions for these depending on whether they are already built or in the planning and design stages. But generally the legislation relates to buildings over 18 metres high or seven storeys or higher and containing at least two residential units, a care home or hospital.
The aim of the new law is centred on the safety of occupants and the public should a higher risk building be affected by fire or structural failure. It lays out the framework to put in a place a clear delegation of responsibility for the safety of these buildings and a new Building Safety Regulator to oversee it.
The digital golden thread
It also introduces the concept of a digital “golden thread” of information connecting the different phases of a project including planning, design and construction to commissioning, operation and maintenance and handover.
The digital golden thread creates a seamless digital record for all higher risk buildings – both existing building and those under construction or in the planning stages.
The golden thread – the term was referenced by Dame Judith in her report – ensures that all the building’s stages of development are fully recorded, accessible and can be shared between stakeholders. It means anyone living in or involved in the maintenance of that building can use the golden thread material to make informed decisions on safety and security.
The system will improve collaboration, reduce errors and increase efficiency as well as enabling better management and better decision making over the long-term.
The aim is to provide an end-to-end flow of information which will represent a single and accessible source of trusted information allowing residents to feel secure in their homes and with clear lines of accountability.
Industry challenge
Adopting the new regime has been a real challenge for the industry. Producing the golden thread is a complex task particularly for existing higher risk buildings and there are some who may face legal and financial consequences for not hitting the deadline.
But there is no doubt that the changes are necessary and long overdue and the whole industry needs to be informed and prepared. Dame Judith highlighted the urgent need for action in higher risk buildings and the legislation has been hurried through to address those specific issues. But she also said that many of the issues found at Grenfell were endemic across the industry.
The government has the power to extend the Building Safety Act’s remit to sectors other than residential relatively quickly in legislative terms. There are many industry professionals who currently believe that the Building Safety Act 2022 will not affect their work. But a tweak in the legislation could bring many other building categories into the new regime.
Despite the challenges that this will create, it is surely a good thing for the industry. The principles that underpin the legislation and particularly the digital golden thread represent a new level of best practice in building design, construction and management which should be extended beyond higher risk buildings.
Dame Judith’s review found that current building regulations and fire safety was not fit for purpose and she called for a culture change to support the delivery of buildings that were safe now and in the future.
The framework to achieve that has been set out in the legislation. Now we need to embrace the same principles for all buildings and at all development stages using the golden thread to weave a new gold standard that will encapsulate the overall findings of Dame Judith’s report.
For an up-to-date briefing on the Building Safety Act see Kevin Blunden’s article at https://acivicogroup.co.uk/events/
For how the changes will be adopted in Wales see Dan Beynon’s article at https://www.insidermedia.com/experts/wales/how-does-the-building-safety-act-apply-to-wales