Building Safety And Higher-Risk Regulations

We caught up with Joe Reed, our Commercial Director, to discuss the changes in building safety and higher-risk building regulations.

What are the new regulations?

The Building Safety Act 2022 was introduced by the government after a review of existing building regulations revealed shortcomings in addressing 'higher-risk buildings.' This review was largely prompted by the Grenfell Tower fire, which, sadly, claimed the lives of seventy-two people.

Under the 2022 Act, the following types of buildings are classified as 'higher-risk' and are now overseen by the Building Safety Regulator, a part of the Health and Safety Executive (HSE):

High-rise residential buildings with:

• At least 7 floors or a height of 18 meters or more (measured from the pavement/road at the building's front).
• At least 2 residential units.
• Care homes, secure residential institutions, and hospitals.

‍When did the changes come into effect?

An Act becomes law as soon as it passes through Parliament. However, the implementation of the Building Safety Act was delayed to give the construction industry time to adapt. The Building Safety Regulator officially took over as the building control authority for higher-risk buildings on October 1, 2023, with a 6-month transition period ending on April 6, 2024. On this date, the new building control regime was fully implemented, introducing registered building control approvers (replacing approved inspectors) and registered building inspectors. Additionally, the new duty-holder requirements came into full effect.

Starting from October 1, 2023, any projects still in the design phase that had not been registered via an initial notice under the traditional method were required to undergo a full submission to the Building Safety Regulator. Projects that were already "in progress" needed to be "sufficiently progressed," which is generally interpreted as meaning that work forming part of the permanent notifiable building work had been carried out.

‍

Joe, based on your experience with two current projects, could you explain what to watch out for and how the new regulations might affect a project?‍

The first key point is that the design will undergo a thorough assessment against the regulations and approved documents we're accustomed to using. The process involves three 'gateways' to building safety.

‍Gateway 1:
‍This deals with land use planning matters related to fire safety and is addressed during the planning stage of a project. It became a requirement for higher-risk buildings in 2021.

Gateway 2:
This deals with building control approval for higher-risk buildings. It acts as a 'hard stop,' meaning that construction cannot start until the Building Safety Regulator confirms that the design complies with the building regulations. To ensure a successful submission, the following information is essential:

• A comprehensive outline of the work
• Information about the building
• Details of key personnel
• Site location plans, boundaries, and a fire and emergency file
• A Construction Control Plan
• A Change Control Plan
• A mandatory occurrence reporting system

In my experience, having the support of a building control consultant is crucial for guiding both the professional and construction teams through the process of obtaining Gateway 2 approval. Equally important is expert advice from structural engineers, MEPH consultants, architects, and interior designers. This collaborative approach aligns perfectly with the InteriorLAB ethos, where we work together as a unified team to achieve the client's desired outcome.

Gateway 3:

This involves the issuance of completion certificates from the Building Safety Regulator.