Building Safety Act Secondary Legislation: What You Need to Know

In August 2023, the Department for Levelling Up, Housing, and Communities (DLUHC) published secondary legislation relating to a more stringent building control regime for higher-risk buildings (HRBs) that was established by the Building Safety Act 2022.

An HRB is a building standing at least 18 metres in height or with at least seven storeys, and containing at least two residential units.

Since the devastating fire at Grenfell Tower in 2017, The Royal Institute of British Architects – as well as others – have advocated for stronger regulations to reduce safety risks.

Effective from 1 October 2023, the Building Safety Act secondary legislation is an important update for all architects and developers applying for a structural warranty. But, which building regulations have been implemented?

Who does the Building Safety Act apply to?

The Building Safety Act 2022 applies to all building owners, architects, contractors, construction workers, and developers. Any person in charge of commissioning, planning, constructing, or refurbishing residential buildings – especially high-rise buildings of at least seven storeys of 18 metres – must meet the stricter requirements.

There will be a gateway system that creates a golden thread of information that keeps everything in line at key stages:

• Gateway One – Planning permission applications demonstrating fire safety compliance.
• Gateway Two – Building regulation compliance approved by a Building Safety Regulator.
• Gateway Three – Final documentation submitted to Building Control for approval before issuance of a completion certificate.

These gateways create an unbroken thread of information so problems can be identified quickly, and regulators can halt construction at any stage if safety requirements aren’t met.

Once a completed building is occupied, it must have a building safety management team that includes:

• Accountable Person – An individual or corporate body is responsible for registering with the Building Safety Regulator and applying for certification. They must also assess safety risks and take reasonable steps to prevent major incidents.
  Building Safety Manager – An individual or organisation appointed by the Accountable Person. They support the day-to-day management of structural and fire safety.
  Special Measures Manager – An individual appointed in the event of a First-Tier Tribunal case, when the Accountable Person has a case brought against them for repeated breaches of their statutory obligations.

What is the golden thread?

The golden thread has been created to support the efficient sharing of project information at the right time with the correct people. It must be in an easily accessible and reliable up-to-date format for HRBs with safety information regarding building design, build and management.

It is a live, electronic record of the building information throughout the lifecycle of a building, not an end-of-project task.

New building regulations for higher-risk buildings in the Building Safety Act 2022

The new building control regime includes fresh terminology, timelines and roles that are essential for understanding in implementing building work.

Three new sets of regulations, which relate to the design and construction phase, were released by the DLUHC in the secondary legislation for the Building Safety Act:

• Building (Higher-Risk Buildings Procedures) (England) Regulations 2023
• Building Regulations etc. (Amendment) (England) Regulations 2023
• Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023

Building (Higher-Risk Buildings Procedures) (England) Regulations 2023

These set out details of the building control regime for higher-risk buildings and specify the building regulation requirements when new HRB developments are designed and constructed, or when construction is done to an existing building.

The new secondary legislation provides details of:

The process for, and what must be included in, “Gateway 2” applications. For example, the application is to be submitted to and approved by the Building Safety Regulator (BSR) before any work starts. This will replace the current ‘deposit of full plans’ stage under the Building Regulations 2010 and introduce a ‘hard stop’ whereby BSR approval must be obtained before building work on HRBs may commence.
The change control process, including ‘notifiable changes’ and ‘major changes’, and the requirement for the principal contractor to set up and maintain a change control log.
The golden thread of information and the procedures for handing the information over to dutyholders responsible for maintaining the building once construction is complete.
The requirement for the principal dutyholders to set up a mandatory occurrence reporting system and the procedure for reporting occurrences to the Building Safety Regulator.
The procedure and requirements for applying for a completion certificate – a ‘Gateway 3’ application.
What is the golden thread?

The golden thread has been created to support the efficient sharing of project information at the right time with the correct people. It must be in an easily accessible and reliable up-to-date format for HRBs with safety information regarding building design, build and management.

It is a live, electronic record of the building information throughout the lifecycle of a building, not an end-of-project task.

Building Regulations etc. (Amendment) (England) Regulations 2023

This new set of regulations amends the Building Regulations 2010 to support the new HRB control regime. In particular, these regulations:

Insert a new dutyholder and competence requirements into the Building Regulations 2010 (11A to 11Q). These requirements will apply to all building work, including that undertaken on higher-risk buildings.
Set out the new definition of what is to be treated as the ‘commencement’ of work. This was previously only set out in guidance.

Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023

These regulations primarily amend the Building (Approved Inspectors etc.) Regulations 2010 to support the new higher-risk building control regime. Under this, the Building Safety Regulator will be the only building control authority for all higher-risk buildings. Local authorities and approved inspectors will not be able to supervise higher-risk building work.

Why has the UK government changed building safety laws?

The Building Safety Act is designed to make significant changes to how the UK construction industry operates, improving building control standards and giving people a much clearer route to ensure problems are fixed much quicker.

The measures introduced by the UK government will improve the way homes are constructed, especially high-rise buildings, in a bid to avoid a repeat of the Grenfell Tower disaster.

Each stage of construction will now be overseen by a qualified individual, from planning and design to completion and occupation. This should prevent miscommunication and mistakes.

Seek help from ABC+ Warranty for the Building Safety Act secondary legislation

If you need some support understanding the new regulations set out in the Building Safety Act 2022, we can help. Building safety is of the utmost importance as developers and housing authorities seek to avoid a repeat of the Grenfell Tower disaster in 2017.

Before any building work commences, you must understand the new building control approval process set out by the secondary legislation.

If you need support understanding the new building regulations implementing your HRB development, we can help. Don’t hesitate to contact us on 0161 928 8804 or email us via info@architectscertificate.co.uk.