What Are The Key Updates To The Building Safety Act In 2023

11/10/2023

10/11/2023

Officially becoming law in June last year, the Building Safety Act 2022 is the official legislative response to the disastrous Grenfell Tower fire, seeking to modify how high-risk structures are built, maintained and made safe. Some of its key reforms are taking effect in October 2023 — here’s what you need to know.

The Building Safety Act 2022 is a legislative framework in the United Kingdom Building Safety Act designed to enhance the safety of buildings, particularly high-rise and multi-occupancy residential buildings. It is a significant piece of legislation that addresses various aspects of building safety after the tragic Grenfell Tower fire in 2017.

The disaster highlighted severe shortcomings in building safety standards and regulations, giving rise to calls for the government to do a better job of ensuring the safety of residents in high-rise buildings in England and Wales.

For construction companies and developers, the Building Safety Act represents key changes in working methods and an increased emphasis on safety. In this guide, we take a closer look at what builders and organisations in the construction sector need to know about the Act and what key provisions are taking effect this year.

What Is The Building Safety Act 2022?

The Building Safety Act 2022 is a piece of legislation that seeks to improve the “safety of people in or about buildings and the standard of buildings, to amend the Architects Act 1997, and to amend provision about complaints made to a housing ombudsman.”

Key Provisions Of The Building Safety Act 2022

Effective from 1st April 2023, this legislation primarily targets the design, construction, and oversight of buildings considered “high-risk.”Here’s a quick look at the most important things you should know about the law.

Purpose: The Act aims to ensure that high-rise buildings are designed, constructed, and managed to be safe for occupants.

Scope: It applies to England and Wales and focuses on buildings that are 18 metres or more in height or have multiple dwellings. It also covers the responsibilities of building owners, managers, and developers.

Regulations: The Act provides a legal framework for various regulations and guidance related to building safety. This includes fire safety, structural integrity, and the creation of a Building Safety Regulator.

Transparency: It promotes transparency by requiring building owners to share information about the safety of their buildings and any safety measures in place.

Accountability: The Act holds those responsible for building safety accountable and imposes penalties for non-compliance. For instance, the Building Safety (Leaseholder Protections) (England) Regulations 2022, alongside Schedule 8 of the Act, delineate the financial responsibilities of certain long leaseholders concerning remediation costs.

Timelines: Whilst the Act took effect in April this year, its key provisions have come into force in October 2023.

Support For Existing Initiatives

The Building Safety Act 2022 also complements other initiatives launched post-Grenfell, including:

The Fire Safety Act 2021, which calls on responsible entities to manage and mitigate fire hazards in residential properties, especially concerning external walls and cladding.
Valuation guidelines for high-risk structures provided by the Royal Institute of Chartered Surveyors (RICS).
Updates and anticipated alterations to the UK Finance Mortgage Lenders’ Handbook and the Building Societies Association Mortgage Instructions.

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Key Updates To The Building Safety Act 2022 In 2023

October 2023 marks the beginning of the full building regime for high-risk buildings, with new requirements under the Act coming into force on the first of the month. The Act’s core reforms, which are now underway, have grown to encompass other key areas relating to high-rise residential properties.

1. Fire Safety Guidance And Legislation Changes

Section 156 of the Building Safety Act 2022 introduces new fire safety legislation, effective from 1st October 2023. This legislation enhances:

Cooperation and coordination between Responsible Persons (RPs)
Requirements relating to the recording and sharing of fire safety information, creating an accurate fire safety record throughout a building’s lifespan.
The ability of enforcement authorities to take action against non-complying entities
The ability of residents to receive complete information about fire safety protocols in their building.

2. Architects’ Awareness

Architects need to be aware of the Building Safety Act’s regulations and updates for 2023. This includes understanding the new requirements and responsibilities related to building safety (more on this in the subsequent section).

3. New Building Control Regime

The Building Regulations etc. (Amendment) (England) Regulations 2023 introduces a new Part 2A into the Building Regulations 2010, which, in turn, sets a new dutyholder regime that regulates and holds to account entities that are responsible for planning and executing the construction of new buildings and renovation of existing structures.

Under these regulations, the “dutyholder” refers to the client (the person responsible for commissioning building works), the principal designer, and the principal contractor. These dutyholders must possess the requisite skills and experience and are restricted to tasks within their competence.

Furthermore, dutyholders are mandated to inform the Building Safety Regulator (BSR) about potential severe safety risks. This reporting mechanism includes whistle-blower protections, ensuring safety concerns are raised without fear of prosecution. Non-compliance can lead to legal consequences.

Navigate The Changes To The Building Safety Act 2022 With CHAS

To navigate these changes, construction and property management stakeholders should familiarise themselves with the Building Safety Act’s provisions and ensure compliance with the updated regulations.

CHAS, a Veriforce company, can help your organisation by guiding your contractors through the latest changes and updates to this landmark legislation. As a CHAS Client, you’ll get everything you need to upgrade your compliance levels under one roof.