The government has published its draft Building Safety Bill (20 July), which it described as the most drastic shake-up to building safety for nearly 40 years.
In a series of changes to current legislation and practice, the Bill will establish the office of the Building Safety Regulator (the Regulator), which is being set up within the Health and Safety Executive (HSE), and will be equipped with the power to hold building owners to account or face the consequences. It will impose a new, more stringent set of rules that will apply for buildings of 18m or more or taller than six storeys from the design phase to occupation.
Under the Bill, the concept of ‘dutyholders’ for buildings will have “accountability and statutory responsibilities for managing risks across the design, construction, and occupation of buildings.” It will also require buildings to be signed off as safe at three separate gateways, described as “stop/go decision points – planning, design and construction.”
The building, once signed off, will be issued with a Building Assurance Certificate that “confirms a building is fit for occupation and provides transparency on the assessment and findings at the time of certification.”
One of the key platforms of the new regime is the “golden thread of information” that should be accumulated by any building throughout its life from design to occupation. As part of this lifecycle information, building dutyholders will be required to report to the Regulator about any structural or fire occurrences that could pose a “significant risk to life safety.”
For the higher risk building, an ‘accountable person’ will be required to assess building safety risks, taking all reasonable steps to prevent the occurrence of a major incident in the building as a result of these risks.
Establishing the Building Safety Regulator
Regulations will be tightened for all buildings and the fundamental change is the establishment of the Regulator, who will have ‘oversight of the building safety and performance system’, and will undertake several regulatory functions that will apply to all buildings, working with building control authorities, technical experts and the construction industry.
Competence is a key element of the Bill and the Regulator will have a duty to establish a new industry-led committee to advise on industry competence; to oversee the longer-term development of the competence frameworks, and to [drive] improvements in levels of competence. It will also be responsible for the oversight of the competence and performance of registered building inspectors and the building control bodies in which they work.
Products
The regulatory regime for products will also be strengthened, to ensure that all UK products are regulated and can be removed from use if unsafe, in line with current EU product standards.
The Bill creates the concept of a “safety critical product” and gives the Secretary of State the power to make regulations to place safety critical products on a statutory list. It also creates powers to create new civil penalties and criminal offences for breach of the new regulations.
The product standards which are currently enforced locally by Trading Standards will also be brought into the powers of the Secretary of State, to build up national oversight of the regime in central government.
Robert Jenrick, Secretary of State for Housing, Communities and Local Government, said: “This is a significant milestone on our journey to fundamentally improving building safety and delivering real change that will keep people safer in their homes.
“I remain committed to making sure we get this right, which is why I will be publishing the draft Bill for scrutiny and improvement before it is introduced in Parliament.
“I am also calling on the industry to actively prepare for these changes now. It is vital that the sector moves in step with us, to provide confidence and reassurance to residents that their safety is firmly at the heart of everything we do.”
Independent advisor and author of the Independent Review of Building Regulations and Fire Safety, Dame Judith Hackitt, added: “I welcome this draft Bill as an important milestone in delivering the fundamental reform this industry needs to make residents and buildings safer.
“It meets the ambitions and recommendations set out in my review. And industry must be in no doubt that it is not enough to wait for the Bill to become law before they implement changes; we expect them to start taking action now.”
Industry reaction to the draft Building Safety Bill…
Peter Caplehorn, chief executive of the Construction Products Association (CPA), said: “This is a significant moment for the construction industry, which sets out a legal framework for reforms that will impact the entire supply chain, including manufacturers. The industry and public has been awaiting this primary legislation since the government gave its backing to the principles and recommendations of the Dame Judith Hackitt Review. The Act’s commitment to a Building Safety Regulator with powers to oversee and enforce a new, more rigorous building safety system, as well as a new regulatory regime for construction products, gives the construction industry a clear sense that change is coming.
“I’m confident that product manufacturers are well prepared for the changes ahead. The CPA and its members have been engaged in a huge amount of ‘behind the scenes’ work since the publication of the Hackitt Review, helping to drive culture change in the industry around competence and compliance. This anticipatory preparation will serve industry well as the government consults on these legislative and regulatory changes.
“The CPA and its members will be paying close attention to the Bill’s details, particularly around the new national regulator for construction products and changes to the Building Act. We will actively engage and consult to make sure manufacturers play their part in ensuring the safety of residents in higher risk buildings.”
Nigel Morrey, technical director at Etex Building Performance, added: “The Bill sets out an important framework for the regulation of construction products. Of course, the real test of practical and cultural change in the industry will come in the detail of its application.
“While the Bill mandates for tighter control of individual product performance, clients, architects, specifiers and contractors also need to think about how materials work together – building safety is dependent upon how products perform together as part of a wider materials system. Materials providers should clearly communicate this safety information by setting out guidance on product application within systems, as well as be able to provide information on product traceability and manufacturing standards. We look forward to more information in due course.”
You can read the draft Building Safety Bill and its associated documents in full here.
