Building Safety Act 2023 Update: What you need to know

With key provisions of the Act coming into force in October 2023, it is crucial for landlords, office design, commercial refurbishment and office fit out providers to understand the implications of this new legislation.

• What is the Building Safety Act 2022?
• What types of buildings are in-scope (higher-risk buildings)?
• Key provisions of the Building Safety Act 2022
• Key updates to the Building Safety Act 2022 in 2023
• Building Safety Act 2023 update for building owners
• Building Safety Act 2023 update for commercial design and fit out companies
• Summary and key takeaways

The Building Safety Act 2022 is a landmark piece of legislation designed to significantly improve safety standards for residents and occupants of high-rise and multi-occupancy buildings over 18 metres tall.

Fire Safety

A key focus of the Act is enhancing fire safety. It introduces more stringent regulations around fire risk assessments, fire doors, walls and cladding. Emergency evacuation plans and cooperation with fire services are also addressed. The aim is to reduce the risks of fires starting and spreading rapidly in higher-risk buildings.

Structural Integrity

Maintaining sound structural integrity is another critical area. The Act stipulates duties around structural surveys, assessing safety risks and undertaking remediation works where required. Using suitable materials and having robust construction oversight helps ensure the structure can perform safely over its lifespan.

Accountability

Clear lines of accountability are established by the Act, with dutyholders like the building owners required to register their buildings and provide comprehensive safety information to regulators and residents.

The ‘Golden Thread’ refers to dutyholders and accountable persons maintaining a database of information that can be accessed by various stakeholders, which aims to drive good practices through the entire building lifecycle.

Transparency

The Act promotes greater openness and transparency regarding building safety. Owners must share key data like safety assessments, complaint procedures, evacuation plans and progress updates on rectification works. This empowers residents and helps identify issues early.

Resident Engagement

Resident engagement sees the Act require far better channels for consulting occupants, hearing their concerns and keeping them informed on building safety matters. Their voice is crucial in maintaining safe standards. Ongoing engagement aims to build trust and collaboration.

In addition to addressing these core areas, the Act establishes the Building Safety Regulator to regulate the performance and safety of in-scope buildings across England and Wales.

The new building control regime under the Building Safety Act brings extensive extra oversight from the Building Safety Regulator (BSR) for higher-risk buildings.

The Building Safety Act classifies certain occupied residential buildings as "higher-risk" based on their height and size. A building is deemed higher-risk if:

• It is at minimum 18 metres tall or has at least 7 stories, not counting basements or independent sections meeting specific criteria, and
• It contains 2 or more residential units, defined as separate dwellings or living spaces.

The government provides comprehensive guidance on evaluating if an occupied building meets the full criteria to be designated higher-risk under the Building Safety Act. Careful assessment is required to determine if a building falls into scope.

Some of the major provisions of the Building Safety Act include:

• Introduction of the “Accountable Person” role, responsible for a building’s safety over its lifecycle.
• Mandatory registration system for high-rise residential buildings.
• Stricter regulations around construction materials and products.
• Clearer resident consultation and complaint procedures.
• Stronger enforcement and penalty powers for non-compliance.

Before starting work, building regulation approval must be obtained. Completion certificates will also need to be provided to evidence compliance. The Gateway 2 approach requires comprehensive statements from applicants demonstrating the competency of the principal designer and contractor, explanations of the design standards used and how they are appropriate, and details on how construction compliance will be controlled. Phased completion strategies are also required if relevant.

For designers, further training may be necessary to ensure they meet their enhanced responsibilities and competency requirements under the Act. A greater focus on long term building safety and robust information management will be vital too. When construction is underway, the new regime also mandates getting BSR approval for any major changes - work cannot proceed without this.

Applications must include detailed documents like architectural plans, competence declarations, construction control plans, change control plans, compliance statements and fire safety files. Written authorisation from the client is also required. A mandatory occurrence reporting system must be operational so that contractors can report any safety issues arising.

Overall, the new building control regime will demand considerable extra time, information, oversight and competency from both applicants and the BSR. Careful planning and a change of mindset will be critical to ensure this enhanced building safety culture is successfully embedded.

The BSR approval process takes a minimum of 8 weeks before any building work can commence. Rejection of an application would mean construction cannot begin on site.

As a landlord or building owner, you now have greater obligations including:

• Registering your building(s) with the Regulator
• Conducting regular safety checks and inspections
• Providing comprehensive information to potential buyers and leaseholders
• Undertaking necessary remediation works
• Demonstrating compliance to avoid penalties

This increased accountability requires detailed understanding of your duties under the updated Building Safety Act. Non-compliance poses significant legal and financial risks.

For office interior contractors and designers, the Act also imposes responsibilities around safety:

• Understanding duty holder requirements as principal designer or contractor
• Having suitably qualified personnel
• Reporting risks
• Adhering to materials regulations
• Maintaining comprehensive records

By embracing your duties under the new building control regime, you can provide assurance to clients and help facilitate a smooth approvals process.

The Building Safety Act 2023 update delivers substantial changes to further enhance occupant safety and accountability. Some of the key takeaways include:

• All building owners must register higher-risk properties with the Regulator
• Significant obligations exist around safety checks, buyer information, works and compliance
• Designers and contractors have clearer duty holder responsibilities
• A culture of safety and transparency must be embedded in working practices

With greater emphasis on resident engagement and whistleblowing protection, the Act promotes collaboration to achieve its safety goals. Careful review of your specific duties is advised. But embracing both the spirit and letter of the regulations will help instil long-term public confidence in the UK’s building sector.

• Guidance
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