Building Safety Regulator
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The BSR has today published a ‘Safety Case Toolkit’ guide which is accessible here.
The information within the guide is aimed at accountable persons (defined under section 84 of the Building Safety Act 2022) to assist them in preparing a safety case report. A safety case report must demonstrate that all reasonable steps have been taken to prevent building safety risks happening and reduce the seriousness if they do.
- Building Safety Regulator
- Safety Case & Report
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The Health and Safety Executive (HSE), under whose auspices the BSR operates, has now published three resources to assist with mandatory occurrence reporting (MOR).
The Building Safety Act 2022 introduced a stricter safety regime for higher-risk buildings (HRBs), encompassing work to an existing HRB, work to an existing building that coverts it into an HRB or the construction of an entirely new HRB. Among other things, this requires the principal designer and principal contractor on an HRB construction project to operate a mandatory occurrence reporting system during the works and to report any "safety occurrence" to the Building Safety Regulator (BSR).
A safety occurrence is an aspect of design or an incident or situation relating to the structural integrity or fire safety of an HRB that would be likely, unless remedied, to present the risk of a significant number of deaths, or serious injury to a significant number of people. Outside the construction phase, an accountable person or principal accountable person must submit a mandatory occurrence notice in relation to those parts of an HRB for which it is responsible.
The new MOR system guidance resources can be accessed below:
- Operating a mandatory occurrence reporting system (31 January 2024), which provides guidance on setting up and maintaining a mandatory occurrence reporting system.
- Submitting mandatory occurrence notices and reports (31 January 2024), which provides guidance on reporting incidents.
- Submit a mandatory occurrence notice and report (31 January 2024), which provides a service for submitting a mandatory occurrence notice.
- Building Safety Regulator
- Mandatory Occurence Reporting
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The government has made the Building Safety Act 2022 (Commencement No 7 and Transitional Provisions) Regulations 2024 (SI 2024/104), which come into force on 6 April 2024.
The regulations will bring into force various provisions of the Building Safety Act 2022 (BSA 2022) that amend the Building Act 1984 (BA 1984) to:
• Provide for the switch from approved inspectors to registered building control approvers under the building regulations regime in England
• Set out transitional provisions dealing with projects that are ongoing under the auspices of an approved inspector.The Welsh Government has separate powers to commence these aspects of the BSA 2022 for Wales.
Industry will be unsurprised by the coming into force of these new regulations on 6 April 2024, which had already been publicised as the date by which approved inspectors would be replaced by registered building control approvers. It is also a significant date in relation to ongoing projects because it marks the deadline by which work must have "sufficiently progressed" in order to continue to benefit from the transitional arrangements that apply to building projects under the new building control regime.
- Building Safety Act
- Legislation, Regulations & Guidance
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HSE has published step-by-step guidance on how Principal Accountable Person's and those supporting them, should to approach the Resident Engagement Strategy. A range of case studies is also available to help others gain insight on good practice in resident engagement.
The guidance document sets out key considerations and principles to help the Building Safety Regulator
(BSR), Principal Accountable Persons (PAPs) and Accountable Person (APs) engage effectively
with residents.
It is based on research with a wide cross-section of residents.- Building Safety Regulator
- Resident Engagement
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On 13th January 2024, new Regulations (the sixth commencement regulations made under the Building Safety Act 2022) have now brought into force various sections in Part 4 of the Act, as of 16th January 2024.
Sections now enacted include:
- Sections 79 to 82 which impose requirements with regard to registration of occupied higher-risk buildings and obtaining and displaying a building assessment certificate for such a building;
- Sections 83 to 86 which impose duties with regard to assessing and managing building safety risks, the safety case report and its provision to the regulator;
- Sections 87, 88 and 90 which impose and are in relation to duties to report certain safety information, keeping prescribed information and documents for higher-risk buildings and for sharing that information and documents with various interested parties;
- Sections 91 to 94 which impose requirements in relation to a resident engagement strategy for a higher-risk building, requests by residents for further information or documents about their building, and the complaints procedures to be operated by the principal accountable person and the building safety regulator;
- Sections 95 to 97 which impose duties on residents and provide for contravention notices when those duties are breached and for access to residential units;
- Sections 98 to 101 which impose requirements in relation to enforcement by the regulator;
- Section 102 (and the accompanying Schedule 7) which creates the special measures regime, an enforcement tool of last resort; and;
- Section 111 which makes provisions in relation to articles of associations of resident management companies.
- Building Safety Act
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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