BUSINESS SUPPORT BUILDING REGULATIONS
T he UK Government has begun introducing secondary legislation to bring the Building Safety Act 2022 (BSA) fully into force. “Two important developments will help members understand whether the work they carry out is likely to be subject to the new regulatory regime for ‘higher-risk buildings’,” says Gavin Hoccom, Senior Associate in the construction team at law firm Browne Jacobson, and a member of the FMB’s London Board. What is a higher-risk building? At least 18 metres high or having at least seven storeys; and Containing at least two residential units. Hoccom says the Higher-Risk Buildings (HRB) Regulations 2023 clarify that in England: The new regulatory regime applicable to the design and construction of higher-risk buildings will also apply to care homes and hospitals, but not hotels or military accommodation; and The new regulatory regime applicable during the occupation of higher- risk buildings will not apply to care homes, hospitals, hotels or military accommodation. Corresponding legislation is under consultation in Wales. These new regulatory regimes will: Introduce an approval process for building control and planning matters; Require maintenance of the ‘golden thread’ of information during design and construction; Require registration of each higher-risk building prior to occupation; and Submission of key building information to the Building Safety Regulator. Key building information The BSA introduced the concept of the ‘Accountable Person’. Hoccom explains: “An Accountable Person is subject to the duties arising from managing building safety risks during the occupation of a higher-risk building, including the submission of information to the Building Safety Regulator (Regulator). “The Key Building Information (KBI) Regulations 2023, which came into force
The Building Safety Act has two new developments pertaining to higher-risk buildings and ‘Accountable Persons’ that are of importance to FMB members HIGHER-RISK DEVELOPMENTS
on 6 April 2023, clarify that the landlord of a residential unit let on a long lease is the Accountable Person, unless the role is performed by a commonhold; for example, a residents’ association. It is unlikely that the builder of a higher- risk building will be an Accountable Person unless they own an interest in the freehold of the property. The Accountable Person must, throughout the lifetime of a building: Submit key building information to the Regulator within 28-days of an application for the registration of a higher-risk building; and Notify the Regulator within 28-days of any change to that information. Key building information must be provided in electronic form, and includes, for example, descriptions of the material(s) used in the composition of the external wall, insulation and roof – split in percentage terms where multiple materials are used. “Whilst it is unclear how this will work in practice, employers will likely impose contractual duties on builders to maintain
comprehensive records of materials used in the construction of higher-risk buildings,” Hoccom says. “The extent to which these contractual duties may overlap with the duties imposed on builders to maintain the ‘golden thread’ of information during the design and construction of higher-risk buildings is unknown as the Government has yet to respond to the recently closed consultation on the ‘golden thread’.” The next 12 months “If members are not involved in the construction of higher-risk buildings, these recent developments are unlikely a concern,” Hoccom argues. But the next 12 months will be important for FMB members. “After the Government consultations regarding the building control process, the next 12 months are likely to bring changes that will affect any form of construction work being carried out, whether in relation to higher-risk buildings or not”. The FMB will continue to provide updates about changes that may affect member companies.
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