In this article, Premier Guarantee explore changes within the Building Safety Act and how the regulatory framework will bring a new approach to building control
With the Building Safety Act comes key changes across the construction industry. The Act names the Health and Safety Executive the new Building Safety Regulator (BSR) in England, which will have three main functions.
As well as overseeing the safety and standards of all buildings and leading the implementation of the new regulatory framework for high-rise buildings, the BSR will also help and encourage the built environment industry and building control professionals to improve their competence.
The Building Safety Regulator will independently oversee building control bodies (BCBs) and their professionals. The new approach will apply to BCBs in local authorities and registered building control approvers (RBCAs). It will cover the performance of BCBs and the competence of the professionals supporting the delivery of building control functions.
What is the current system?
Currently, the Departments for Levelling Up, Housing and Communities (DLUHC) is responsible for regulation and policy.
The local authority:
- Has responsibility for building works within its area
- Has a duty to operate as a building control body in their area, and you can have an Approved Inspector undertaking building control as an alternative
- Have to notify the local authority when they undertake BC work in their area.
The Approved Inspector is currently registered with CICAIR and has to meet their standards and code of conduct. CICAIR (Construction Industry Council Approved Inspectors Register) is authorised by the Government to operate this scheme.
Why the change?
Increasingly the previously established linear route of applying for and considering building regulations following planning approval is no longer a viable approach, particularly on more complex developments.
This has been magnified by the introduction of new and updated regulations, particularly in relation to fire safety, overheating in high-risk areas and energy conservation.
There is a need to engage with a BC body on a pre-application basis to discuss compliance with the building regulations at early stages in the design process.
Premier Guarantee are increasingly involved with analysing RIBA stage 1 designs and advising on compliance with the building regulations.
What is the proposed new system?
There is now a new category of high-risk buildings, splitting the regime. Although the government will still make regulations, it is under the advice of the regulator who will oversee the system.
Key proposed changes:
- For HRB 18m+, the Building Safety Regulator are responsible
- CICAIR is effectively replaced as the Building Safety Regulator will oversee the entire industry
- Local authorities will still generally be responsible for all works within their area and when operating the building control functions the local authority will become known as the Building Control Authority
- Approved Inspectors will become Registered Building Control Approvers. They can still undertake any work other than the High-Risk Buildings by submission of initial notice to the local authority
- The Building Safety Regulator, Building Control Authority and the Registered Building Control Approver will all need work undertaken by Registered Building Inspectors – the new register will include stringent competence requirements underpinning the industry
- The BSR will oversee the registration of Registered Building Inspectors and there is the option for the Building Safety Regulator to use the Building Control Authorities and Registered Building Control Approvers to undertake the building control function via the Registered Building Inspectors
The downloadable report of Premier Guarantee’s recent InSite conference provides a blow-by-blow account of each expert speaker’s insight into the Building Safety Act and BSR.
The report also includes the following:
- Key and detailed advice from industry experts, including the Building Safety Regulator
- Information on the golden thread process
- The future role of building control
- Advice on change management
- A legal breakdown of the Act
Are you prepared? Find out by getting the report here.
