Blog: 25 August 2023 - Womble Bond Dickinson, Corporate Partner

Local Authorities and the Building Safety Regulator

The Building Safety Act 2022 (BSA) has been increasingly affecting local authorities since April 2022, when the BSA came into force.  The 18 month period for the introduction of the supporting Regulations and guidance is now supposed to be nearly complete (October 2023).  Whether all of it falls into place in time remains to be seen: there is still a lot to come on to the statute books when Parliament returns in September. 

For local authorities, the impacts are cumulative and significant.  One of the most significant is local authorities' interaction with the Building Safety Regulator (BSR) in the context of the strengthening of the building control regime.  The basis for this increased involvement can be found in sections 13 to 16 of the BSA. 

When the BSR acts as the building control authority for Higher Risk Buildings (HRBs), the BSR can use these provisions to put in place a "multi-disciplinary team" including a fire safety expert from the relevant fire and rescue service and a building control specialist from the relevant local authority.  The BSR is also able to secure expertise from the private sector where appropriate to support this work under its general powers (in particular new section 11A of the Health and Safety at Work etc Act 1974).

Section 13 (1) of the BSA states that the local authority can be requested by the BSR to "do anything for the purpose of…facilitating the exercise by the [BSR] of a relevant function or…enabling the relevant authority to facilitate the exercise by the [BSR] of a relevant function." Section 15 provides further details, confirming that any of the local authority's staff involved in providing relevant assistance to the BSR must have the "appropriate skills, knowledge, experience and behaviours" (section 15(2)). We can anticipate further guidance on the formation and conduct of these multi-discipline teams as part of the avalanche of new regulations and guidance now expected in September. 

If the local authority is reluctant to assist, the BSR can direct the local authority to do so, although this would probably be in exceptional circumstances.  Local authorities and fire and rescue authorities will be under duties to cooperate with the BSR (and it with them) under Schedule 3 of the BSA in respect of the BSR's building functions for HRBs.  It is fully expected that both parties will work together to facilitate the aims of the legislation.

All of this spells more work for local authorities as well as a very different and considerably more regulated building control approval process.  There is much to learn and a great deal for everyone in both public and private sectors to understand about this new landscape.

This blog was written by Simon Lewis Partner at Womble Bond Dickinson with over 30 years’ experience in the construction industry, specialising in dispute resolution.