Building Safety Act: De-escalating project uncertainty in Higher Risk Buildings

Earlier this year, it was reported by the Building Engineering Services Association (BESA) that many contractors were still ignoring the rules set in place by the BSA. Stemming from project uncertainty, lack of education and/or awareness regarding the new measures, the outcome for all in our industry remains the same. Building timelines will slip, projects will stall and perhaps most damaging of all, unmet regulations can result in criminal proceedings for the most severe cases.

With significant risk ahead, we’ve extracted some of the major points contractors and developers need to consider when placing compliance at the forefront of design plans, outlining key processes at each designated gateway stage. We’ve also explored how we, as principal designers, can help achieve the desired outcomes for schemes and de-escalate programme risk for clients.

Gateway 1 – the importance of pre-planning

Planning Gateway One (PGO) is a chance for the Health and Safety Executive (HSE), acting as statutory consultee for planning applications, to fully assess fire safety considerations in relation to design proposals. While impetus is primarily put on local planning authorities (LPAs) to seek advice from the HSE on relevant buildings, it also heeds the call for developers to undertake early engagement with design teams.

To help aid this journey, contractors and developers should take stock of a wide array of informative resources, including official government documents as well as those from industry organisations such as the Construction Industry Council (CIC), to make well-informed design decisions. Where more project specific consultation is needed, it is critical clients take a collaborative approach to achieve desirable and compliant schemes.

At Pick Everard, we have extensive experience in HRB requirements, and successfully managed a 23-storey project in Salford throughout the transition period of the BSA. This has made us well versed in the changes and, crucially, in supporting clients through each compliance stage.

Gateway 2 – set your design stall up front

Under Gateway 2, rigorous design inspection and adherence to the requirements of the BSA are expected before construction even gets going. Critically, developers cannot proceed with construction until the Building Safety Regulator (BSR) has approved an application, stepping in much earlier than traditional design processes and implementing a robust evaluation. The BSR aims to respond within 12 weeks but can request more time if required for inspectors to thoroughly analyse the proposed construction.

Developers therefore must be able to demonstrate a consistent and ongoing dialogue with the building regulator to ensure effective communication over different elements. This includes project parties, site information including boundaries and fire plans, as well as a construction control plan to detail how the work will be carried out. Additionally, a building regulations compliance statement will also be needed to ensure complete legislative assurance.

As a multi-disciplinary consultancy, we are well placed to advise and act as an intermediary in these circumstances, particular given Gateway 2 specifies need for ‘multi-disciplinary teams’ to assess submissions.

Time is precious – elevate the principal designer

The new rules, particular under Gateways 2 and 3, require contractors, developers and associated parties to be precise and detailed to minimise project risk. Time is an important necessity across all projects, and ultimately having an extra level of detail and dialogue with external parties is a bugbear most contractors could do without. This places an elevated importance on the principal designer role, a party that can dedicate the extra time and attention needed to provide adherence to the new rules, coordinate discussions, pass each gateway stage, and mediate the waters.

The principal designer will also be able to advise on decisions that might have previously promoted time and cost-saving benefits, and come up with alternative design solutions. Offsite construction has grown in popularity in recent years, across an array of important high-rise sectors such as education, healthcare and residential buildings. However, with programmes up for scrutiny (and potential delays) at each gateway stage, the savings modern methods of construction (MMC) might otherwise create may be negated, so it’s important these decisions are discussed and taken into consideration with experts.

Gateway 3 - clear expectations can assist when delays arise

Gateway 3 makes sure all procedures have been met before occupancy. It’s also where we feel there is an extra danger of not just non-compliance, but also creating unclear expectations with clients over project timelines. Essentially acting as a ‘hold point’ before completion; in some cases, we are seeing this add up to three or four months to project timelines, which has the potential to massively escalate costs if unprepared, as well as cause onward issues for clients and potentially end users too.

Consider for example, the implications of a stalled high-rise student accommodation block. Affecting both students and the educational provider, it easy to see how potential delays will not only affect day-to-day living conditions, but also cause huge frustration for secondary client parties, as well as a massive headache for developers. Potential outcomes include increased interest costs on the money borrowed to build, as well as time on site costs and loss of revenue.

This is where tough conversations need to happen. Early engagement will give the best possible indication of timelines, but clients might also need to expect and plan for delays, setting out a ‘plan B’ while extra scrutiny is applied to projects under the building safety regulator.

A higher level of design detail is now needed, so project teams need representatives from all quarters, from contractor to client, sat around the table from the start of the scheme to make sure expectations and responsibilities are clearly set.

Collaborate to comply – early on in the process

At Pick Everard, we are clear that early engagement and procurement across the project supply chain is key to successful delivery. Ultimately, projects are delivered better together, and that involves setting out a rigorous stakeholder engagement plan that takes place across the project timeline. Involving the building regulator is a crucial part to those plans to ensure that everything is accounted for at each project milestone. Earlier this year, BESA reported 60% of its members were still experiencing delays at the first gateway stage, so it’s important that clients' briefs are clear, with a project plan that can navigate these challenges whilst meeting the required standards.

De-escalation of risk can only come from education

While ultimately there are still challenges ahead with BSA compliance, both from a regulator and developer perspective, undertaking guidance and best practice with consultants remains the first port of call for clients. The potential for fines and non-compliance is now extremely high, with the punishments even tougher, so the need for clients to identify experts that can help minimise project risk becomes ever more pressing.

Above all, we must achieve our built environment aims, improve safety and de-escalate high-risk buildings to deliver long term benefits in building stock.