Building Safety Regulator
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An open letter from the Housing Minister and the Director of Building Safety regarding charges associated with managing safety in high rise buildings.
In a joint letter to building managers, housing minister Lee Rowley and Phillip White, the director of building safety at the Health and Safety Executive, said they have been made aware of ‘unacceptably high’ charges for services related to producing safety case reports in recent months.
The letter acknowledged that pulling together evidence to produce the safety case report for some buildings ‘can be a challenging process’ and that building managers may need to commission investigations in some cases.
The housing minister and director of building safety issued a warning that they will “continue to monitor very closely the actions of those within this sector and, should we see evidence of inappropriate behaviour, will not hesitate to call it out publicly in the future”.
They added: “Most of this sector is already doing the right thing; others should take heed of this letter and the advice contained therein immediately”.
However, it stressed that leaseholders should be able to understand what they’re being charged for and why, and that existing building safety assessments should be used where possible
- Building Safety Regulator
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The Health and Safety Executive has published new guidance today (4 April) on preparing a Building Assessment Certificate (BAC) application for Principal Accountable Persons (PAPs).
The PAP for a high-rise residential building must apply for a BAC when told to do so by the Building Safety Regulator (BSR) within 28 days - the new application portal is also live here
- Building Safety Regulator
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Building control professionals have been given an extra 13 weeks to prove their competence, calming fears of an imminent collapse in councils’ ability to provide the service.
Under rules introduced by the Building Safety Act 2022 in the wake of the Grenfell Tower tragedy, building control inspectors had been expected to register with the Building Safety Regulator and pass through an accreditation process by 6 April.
But recent months have seen accreditation bodies warn that too few inspectors would receive their qualifications in time for the deadline, raising concerns that some councils would be rendered unable to carry out building control.
On 13th March, The devolved government in Wales has already announced a six-month extension of the deadline for accreditation (extended to 1 October 2024) and today (14 March 2024), the Health and Safety Executive (HSE) has confirmed there will also be an extension, albeit a significantly shorter one, in England.
A letter from the HSE’s director of building safety, Philip White, confirmed to the industry that there would be a competence assessment extension period of 13 weeks, shifting the deadline from 6 April to 6 July 2024.
Inspectors will still be required to register with the regulator to continue working, but those who do will have longer to demonstrate their competence.
- Building Safety Regulator
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As the building control authority for higher-risk buildings, the Building Safety Regulator is reminding the construction industry about the deadline to be part of the transitional arrangements for building control approval.
These transitional arrangements allow projects to stay under the current building control regime – and avoid transfer to the Building Safety Regulator (BSR). Doing this ensures that eligible projects stay under the old rules and will allow projects - including building safety remediation work - to continue without delay.
This means:
- If your project had building control arrangements established before October 1st, 2023, and has made substantial progress before April 6th, 2024, it qualifies for transitional provisions.
- Under these provisions, your project can continue to be regulated by your existing building control provider. This will require your building control provider to be appropriately registered with the BSR.
- In order to benefit from this, it is essential that you give notice to the relevant local authority, indicating that your building work has progressed sufficiently. If your project involves an Approved Inspector (AI), ensure to provide a copy of this notice to your AI as well.
- Failure to send this notice to the local authority will result in your project transferring to the BSR.
- Projects must use a suitably Registered Building Inspector (RBI) to continue benefitting from the transitional arrangements.
Developers must take the required steps for their projects to qualify.
Further information is available on the news page of the Making Building Safer site.
- Building Safety Regulator
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The new regulator is asking all those living in tall buildings in England to be aware of how new Building Safety laws affect them. These laws protect and empower people living in high-rise residential buildings (HRBs) to take part in safety decisions that affect them – as well as providing a clear process for reporting safety concerns. This is a major milestone in the journey towards safer high-rise living, placing residents’ rights front and centre.
The Building Safety Act provides a framework for ensuring the safety of residents living in HRBs – these are buildings 18 meters or seven or more floors in height containing at least two residential units. They are defined as ‘higher-risk’ under the Act. Residents of these buildings are urged to find out more about how the new law affects them.
Every high-rise building is now required to have a Principal Accountable Person (PAP), ensuring that those responsible for managing the building’s safety can be held to account for fulfilling their legal obligations.
The enhanced residents’ rights include:
- Assurance that safety risks in their building are being effectively addressed
- Access to ongoing information on what is being done to improve safety in their building
- Empowerment to voice safety concerns, with assurance that their concern will be taken seriously
- Clear, accessible, and easy to understand information regarding safety matters
- The legislation empowers residents to report safety concerns, assured that their grievances will be taken seriously. Clear protocols are in place for expressing concerns or making a complaint. Residents can raise concerns and issues to the PAP for their building.
Operating within the Health and Safety Executive, the BSR is a crucial part of the Government’s response to the Grenfell fire tragedy. An essential element of the new regulator’s role is to ensure the safety of high-rise residential buildings.
Philip White, Director of Building Safety at the Health and Safety Executive, said: “Residents are at the heart of our regulatory efforts. It’s vital for us to amplify their voices and to recognise the role they play in the safety of their buildings. Safety standards in high rise buildings must be assessed and managed by the Principal Accountable Person (PAP). The regulator will review how the building is managed and whether the PAP has complied with their duties.
“Our residents panel members represent the diverse resident community in high-rise buildings. They provide valuable insights based on their real-life experiences of living in a high-rise building. This engagement contributes significantly to our regulatory programme for HRBs.
The residents’ panel welcomes the new measures empowering high-rise residents. They are encouraged by the assurance that residents can speak up with confidence, knowing that their voices will not only be heard but also that their concerns will be considered fully.”
Marlene Price BEM, a member of the BSR Residents Panel, says: “Everyone should feel safe in their home, including the millions of people who live in high-rise buildings. The Building Safety Regulator is working to make this ambition a reality.”
Visit the Building Safety Regulator campaign website to learn more about BSR’s work to make buildings in England safer.
- Building Safety Regulator
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ARMA Guidance Note B19: Building Safety Act: Registration of Higher-Risk Buildings and Key Building Information
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ARMA Guidance Note B14: Building Safety Act - Duties During Occupation
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ARMA Guidance Note B13: Building Safety Act - Changes in Construction
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ARMA Advice Note: Fire Safety Management in Flats
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ARMA Guidance Note B05: Fire Safety