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The Building Safety Act
The Building Safety Act 2022 (”BSA”) came into force on 28 April 2022 and has brought about long awaited changes following the Grenfell Tower Fire (some of which are subject to further detail in subsequent regulations). The aim of the legislation is to create a more stringent regulatory regime for higher-risk buildings and ensure that residents are safe.
We have highlighted below some of the key developments for Local Authorities to be aware of and act upon, both in terms of its own buildings and in relation to enforcement.
Building Safety Regulator
The new legislation has created a new Building Safety Regulator (which will sit within the Health and Safety Executive) to oversee the safety of higher-risk buildings. Its role includes:
Overseeing (and enforcing) the safety and standards of all buildings
being the sole planning body for higher-risk buildings (rather than local authorities)
helping and encouraging the built environment industry and building control professionals to improve their competence
leading implementation of the new regulatory framework for high-rise buildings
In relation to the local authorities role in planning and enforcement of others
The BSA changes the role of local authorities in the construction of buildings by, amongst other things:
Imposing a duty on local authorities to support the Building Safety Regulator in its role as sole building control body for higher-risk buildings by forming part of the regulator’s multidisciplinary team alongside HSE inspectors and fire service officers.
Requiring that building control inspectors must prove competence and be registered
Allowing local authorities to prosecute those who contravene building regulations.
Increasing the time limit for notices requiring removal or alteration of non-compliant work from 12 months to 10 years.
A potential prohibition on persons who are not part of a building safety fund scheme from carrying out development of land in England
In relation to local authorities’ own buildings - The role of the Accountable Person
The BSA introduces a new duty holder - the Accountable Person, who has to take reasonable steps to:
Prevent a building safety risk happening (spread of fire and/or structural failure)
Reduce the seriousness of an incident if one happens.
The Accountable Person will have to register any existing buildings by October 2023 and then all new buildings before occupation, prepare and submit a safety case, compile a golden thread of information (including details about a building’s construction and emergency procedures) and establish resident engagement and complaints procedures.
Local Authorities will need to ensure that they have sufficient competence to fulfil this role or sufficient monitoring and oversight to ensure that others they have delegated to are performing the role on their behalf.
Louise Mansfield
Legal Director at Bevan Brittan
0370 194 5065
07436 037 389
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