The Building Safety Act 2022 and Low Rise Buildings
The Building Safety Act 2022 has been introduced as a major reform to the regulatory framework for building safety with a view to better protection of building residents and occupants. There is a particular focus on high-rise buildings, but the legislation actually applies to all building/refurbishment work, establishing new requirements for building design, construction, and ongoing safety management, emphasising risk reduction and transparency.
The Focus
The what & who
The legislation was introduced in response to significant safety concerns highlighted by the Grenfell Tower fire in 2017, which resulted in the tragic loss of 72 lives. The disaster exposed severe deficiencies in building regulations, fire safety measures, and oversight within the construction and housing sectors.
The Building Safety Act was heavily informed by the Hackitt Review, formally known as the Independent Review of Building Regulations and Fire Safety, led by Dame Judith Hackitt which highlighted among other things a lack of accountability within construction and management of buildings, a fragmented and confusing regulatory framework and a culture of cutting corners and cost cutting that compromised safety.
The Change
Amendments to the existing
In order to address this the Hackitt Review recommended a "whole-system change" to improve safety, accountability, and transparency in the management of high-risk buildings and these recommendations formed the basis of the Building Safety Act 2022. Many people however remain unclear on the implications of the Act and so what the new responsibilities on the client, designer and contractor actually are.
The Building Safety Act has introduced a series of changes including stringent new safety regulations, enhanced accountability, mandated the creation of a “golden thread” of information, and has also established the Building Safety Regulator to oversee compliance and enforce standards.
The Challenge
Permutations in consequence
The legislation is principally concerned with high-rise residential buildings, defined as buildings classed as having at least 7 floors or at least 18 metres in height and at least 2 residential units. Many people are less aware, however, of the implications on works to low rise buildings, giving rise for unwitting breaches of legislation and unexpected fines.
Whilst the ultimate goal of the Building Safety Act is to ensure higher safety standards, it also presents several challenges as stakeholders move to understand the full implications of the new regulatory framework, particularly those responsible for low rise buildings who may not have previous experience in dealing with this level of regulatory compliance.
The "golden thread" of building information demands meticulous record-keeping throughout a building's lifecycle, which can be a challenge for developers and owners who may not always have robust systems in place nor be familiar with such way of working.
The Potential Implications
Obstacles & benefits
The Act requires a clear designation of a "responsible person" to manage safety obligations. For low-rise buildings, this can be challenging when ownership structures are informal or fragmented (e.g., shared freeholds).
Local authorities and regulators now have enhanced enforcement powers. Non-compliance, even in low-rise buildings, can lead to fines or legal action, increasing the stakes for owners who may not fully understand their obligations. There remains a lack of clarity, however, on many details even within local authorities and with building control professionals.
Whilst the Building Safety Act aims to ensure robust safety practices and has been vital in addressing many of the issues that directly or indirectly led to the Grenfell fire, its additional impact on low-rise buildings highlights the need for clear guidance and proportionate application of requirements to avoid unnecessary burden.
As with all regulatory changes of this scale there is likely to be a period of adjustment during which contractors, professionals and clients need to process and fully understand their obligations. Professionals who have not undertaken sufficient training in order to develop a full understanding may find themselves falling short of their obligations and potentially leaving both themselves and their clients exposed.
Node Building Consultancy represent landlord, tenant and owner-occupier clients nationwide in a project and compliance capacities. From preparing detailed designs for project works to attending works specifically to achieve legal and regulatory compliance, we have invaluable specialist expertise and a proven track record of success in this field. Should you require assistance with your project and compliance matters, we would be delighted to hear from you.
There remains a lack of clarity however on many details even within local authorities and with building control professionals.
