Industry Updates: The Building Safety Regulator (BSR)

The Building Safety Act 2022 has introduced a significant change in the construction industry by establishing the Building Safety Regulator (BSR). It is a new regulatory body embedded in the Health and Safety Executive (HSE). The main objectives of the Building Safety Regulator include ensuring the safety of people in and around buildings and improving building standards.

To achieve these goals, the Building Safety Regulator will undertake the following steps:

Implement a new regulatory framework for high-rise buildings.

Oversee the safety and performance of all buildings.

Promote the skills and expertise of professionals and tradespeople working in buildings.

The Building Safety Regulator will primarily regulate high-rise buildings, defined as those with 7 or more stories or a height of 18 meters and at least two residential units, hospitals, or care homes during design and construction. The Building Safety Regulator will also establish registers of occupied high-rise buildings, building inspectors, and building control approvers.

Key features of the Building Safety Regulator's regulatory framework for high-rise buildings include:

The HSE will work as a statutory consulted for planning applications.

The Building Safety Regulator will be the building control authority for high-rise buildings.

Notification at key decision points during design and construction.

Clear accountability and statutory responsibilities for building processes.

Establishment of a "golden thread" of building information throughout the building's lifecycle.

Mandatory reporting of prescribed fire and structural safety incidents to the Building Safety Regulator.

What will Resident engagement look like after The Building Safety Act 2022?

The Building Safety Regulator will create a Resident's Panel comprising the Industry Competence Committee and Building Advisory Committee to ensure transparency and stakeholder involvement. The Building Safety Regulator will also consider taking reasonable steps to ensure that the Residents' Panel includes representation from disabled residents of higher-risk buildings or organizations that advocate for their interests.

Who will the Building Safety Regulator have to consult with as a result of The Building Safety Act 2022?

The Building Safety Regulator will collaborate with local authorities, fire and rescue authorities, and technical experts to exercise its regulatory powers. These powers may include taking enforcement action and recovering costs from regulated parties. Regulatory best practices, consistency, and proportionality principles will guide the Building Safety Regulator's activities.

The implementation of the Building Safety Regulator will be done gradually, with certain key milestones occurring within the first year of the Building Safety Act coming into force. The milestones identified for phased implementation include:

The formal establishment of the Residents' Panel.

Strengthening of the powers of the Architect's Registration Board.

Additional powers are granted for the regulation of construction products.

What committees and consultees are required because of The Building Safety Act 2022?

As well as the Residents' Panel, the HSE, local authorities, fire and rescue authorities, and the Architect's Registration Board, other aspects include the creation of the Building Advisory Committee and Industry Compliance Committee.

When does registration of high-rise residential buildings become mandatory?

Those who live in buildings over 18 meters need to be thinking about registering their building with The Building Safety Regulator now. As the registration of high-rise residential buildings becomes mandatory - and - the date to get registered is October 2023.

Directors of Freehold Management Companies, Resident Management Companies, and Right to Manage Companies need to be deciding which of them will be the named Principle Accountable Person and understand that they will all become Accountable Persons. This is because Freehold Management Companies, Resident Management Companies, and the Right to Manage Companies hold the duty to repair, not the Freeholder of their block.

Reporting of incidents, and the operation of the "Golden Thread" of information, are expected to be established within 18 months after the Act comes into force. Legal experts will closely monitor the progress of the Building Safety Regulator and the secondary legislation to provide further detail and powers, and the industry will be appropriately updated through suitable mediums.

Mandatory Registration for High-Rise Residential Buildings

The registration of high-rise residential buildings with the Building Safety Regulator will become mandatory by October 2023. Directors of Freehold Management Companies, Resident Management Companies, and Right to Manage Companies must decide on their Principle Accountable Person, as they will hold the responsibility for building safety.