Insight
Key takeaways from the Building Safety Act roundtable
13 Dec 2023
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James Hymers
National Discipline Director
James Hymers, National Director of Health & Safety, recently hosted a roundtable discussion with clients in Nottingham. The focus was the Building Safety Act, a pivotal piece of legislation reshaping the UK's approach to building safety. James distils the key takeaways from the event, highlighting the crucial aspects of the Act and its implications for the industry.
- The Necessity for the Building Safety Act: Lessons from the Hackett Review: The Building Safety Act emerged as a response to several critical issues highlighted in the Hackett Review. The lack of ownership by duty holders, inadequate competence, and ambiguous roles of responsibility were major concerns. Additional factors included an excessive focus on cost and speed, poor product testing and commissioning, complex record-keeping, and the overlooking of residents' voices. These challenges necessitated a new legislative approach to ensure building safety.
- Building Safety Regulator and Enhanced Responsibilities: A key update in the Building Safety Act is the establishment of the Building Safety Regulator, shifting the role from advising to enforcing duty holder responsibilities. This change addresses the conflict of interest in the traditional role of Building Control and approved inspectors, emphasising the need for design teams to independently ensure their designs meet safety standards and satisfy the Principal Designer (PD). The Act also introduces a 'Gateway Process' for enhanced project oversight, stringent product safety requirements, and digital information management, aiming to create a more accountable and robust framework for building safety.
- Integration with Existing Health and Safety Legislation: The Building Safety Act builds upon the foundational Health and Safety at Work Act of 1974, incorporating various regulations like COSHH, LOLER, CAR, DSEAR, and PUWER. It aims to provide clear guidance, enforceable regulations, and a comprehensive approach to keeping people safe, both at work and in residential buildings. This integration signifies an evolution in safety legislation, extending its scope to address specific needs in building safety and design.
- Challenges and Opportunities in Implementation: Implementing the Building Safety Act poses significant challenges, particularly concerning the broader scope of the Building Regulations and the definition of Higher-Risk Buildings (HRBs). Questions arise around tackling complex building arrangements, the role of Building Control bodies, and the impact on construction contracts and materials. These challenges present opportunities for stakeholders to adapt, innovate, and ensure compliance with the new regulations.
- The Evolving Role of Duty Holders and the Importance of Competence: The Act emphasises the critical role of duty holders, such as the Principal Designer (PD) and Principal Contractor, in managing building safety risks. Accountable persons are required to demonstrate effective measures to manage risks in higher-risk buildings. The Act mandates a higher standard of competence, necessitating rigorous training and adherence to standards like BSI Flex 8670 and various PAS. Additionally, the Act introduces a 'Gateway' process for planning, pre-construction, and pre-occupation stages, ensuring safety compliance throughout the building lifecycle.
In conclusion, the Building Safety Act marks a significant shift in the landscape of building safety regulation in the UK. It demands higher standards of accountability, competence, and compliance, aiming to prevent the recurrence of past failures and ensure the safety of buildings and their occupants. As we navigate these changes, it is crucial for all stakeholders to understand and adapt to these new requirements to create safer living and working environments.