Applying the Building Safety Act to higher education estates

The Building Safety Act is designed to improve regulation and therefore the safety of buildings. In common with all sectors, this applies to higher education estates. The primary aim of the legislation is to ensure building regulation compliance in pursuit of achieving a safe environment for all occupants of buildings including students, staff and visitors.

Understanding the Building Safety Act

Particularly from a public perspective, the act is most commonly associated with high-rise residential buildings. However, its impact stretches further, covering all buildings which will include teaching and ancillary accommodation.

The detailed underpinning and much-needed changes have been initiated via secondary legislation which came into force on the 1st October 2023. The procedures legislation does not change any of the technical requirements but applies to all buildings.

The all-buildings legislation applies to all building work that requires Building Regulation approval. There are exceptions but the higher-risk buildings (HRB) legislation applies to high-rise residential accommodation only.

What is a higher-risk building?

Including student accommodation, the basic criteria for a building to be categorised as a higher-risk building (HRB) are:

1. Are at least 18 metres high or 7 storeys
2. Contain at least two residential units

Some projects will be straightforward in determining whether the legislation applies and others will be less clear. Each case should, therefore, be determined on its own merits.

In this regard, the Building Safety Regulator has provided useful guidance to aid an assessment. This includes determining whether the context including connectivity to an adjacent and potentially connected (e.g. via a shared basement) HRB will impact the categorisation.

The legislation is still being tried and tested, therefore as with other aspects, it is also essential that the latest guidance is consulted before making a judgment.

Regulation Control

The all-buildings category, of building regulation approval, is administered through new bodies called Registered Building Control Approvers.

In addition to the Building Safety Regulator, elements of the process are to be regulated by the Office for Product Safety and Standards (OPSS), the UK regulator for construction products and most consumer goods. Their purpose is to ensure the claimed performance requirements of construction products are met to enable safer, better buildings across the UK, which is complementary to the aims of the BSA.

Duty Holders

The Building Safety Act imposed new obligations to any individual or organisation that holds the position of:

• Client
• Principal Designer PD BR
• Principal Contractor PC BR
• Designers and Contractors

The role identified as PD and PC BR are additional to the PD & PC CDM roles. The new roles are charged with upholding the safety of those who are to occupy the building.

Whereas, the PD & PC CDM roles are focused on the safety of those who are undertaking the building works.

In the case of HRBs, additional client-side duty holders have been created. These are referred to as the Principal Accountable Person (PAP) and Accountable Person (AP).

Both for all-buildings and HRBs, the legislation is underpinned by criminal law, therefore all duty holders must be clear on their respective duties for each category of building work, including those managing higher education estates.

Process

All building works that are to comply with building regulations, must comply with several requirements throughout the design and construction lifecycle. The Gateway process applies to HRBs only.

Planning / Gateway One: For HRBs, the Planning Application must include a fire statement. This statement sets out the key principles of HRB fire safety. The Building Safety Regulator is a statutory consultee in the process. Therefore, they will review the fire statement in that capacity.

Building Regulation Applications (Gateway 2): Construction cannot proceed until the Building Safety Regulator approves the design, ensuring compliance with building regulations.

Completion (Gateway 3): This includes the requirement for the PD BR and PC BR to sign to confirm compliance with their BSA (Part 2A) duties. The client is also required to sign before the completion certificate can be issued by the RBCA.

In the case of the Gateway 3 process for HRBs, the involvement of the BSR continues through the construction period.

At completion (Gateway 3): A rigorous process is employed by the BSR before occupation can be undertaken and only when a certificate to that effect has been issued by the BSR.

For this to occur, the duty holders must meet the new ‘Gateway’ requirements, comply with the building control regime, and discharge all of their duties under the Building Safety Act. As part of this and to initiate the occupation phase, the Principal Accountable Person must register the building with the BSR before it can be occupied.

Creating a safer syllabus together

At Pick Everard, we understand the complexities of managing higher education estates under the Building Safety Act.

If you need support navigating the changes, get in touch with us today.