BUSINESS SUPPORT COMPLYING WITH THE BUILDING SAFETY ACT
QUESTIONS OF COMPLIANCE – BSA 2022 No matter the size of your business, the Building Safety Act 2022 (BSA) has implications for the way you operate in England and Wales
T he BSA, which came into force in 2022, aims to improve building standards and safety, and to provide homeowners and residents with greater rights. The legislation brings in new roles and responsibilities for builders working on all building types and sizes. With any new legislation, it can be difficult to understand what you need to do to remain compliant. So the FMB has compiled a list of frequently asked questions (FAQs) and answers to help you understand the BSA. Please note: these answers do not constitute legal advice. If you’re uncertain about how the BSA affects you, seek independent legal advice. How can I demonstrate compliance with BSA duties and obligations? There is no formal guidance as to how to demonstrate compliance. The FMB believes all members should be able to demonstrate competencies to carry out building work in accordance with the Building Regulations by, for example, evidencing completion of relevant training and experience of equivalent or similar work. During the lifecycle of a project, members should implement a system for ensuring and evidencing building work has been carried out in compliance with the Building Regulations by, for example,
independent legal advice if you are unsure. The FMB is working on revisions to its suite of contracts to reflect the BSA. What happens if I do not comply with regulations? Non-compliance risks not only the commercial consequences of cost and delay, but enforcement by the Building Control Approver or the Building Safety Regulator: ● All building control authorities, for example, have the power to carry out intrusive investigations, open up works, and refuse to grant the completion certificate
maintaining a photographic record, which should be retained for at least 15 years from completion. Why do I need to keep evidence for 15 years? The BSA extends the time that claims can be brought against designers and builders in relation to defective work, regardless of what may have been agreed by those involved in the project. The period of time varies depending on the type of claim, and the FMB considers retaining evidence for at least 15 years necessary for most project types. Do I need to make changes to contracts or subcontracts to comply with the BSA? Possibly, but this will be contract- specific and you should take
that may be necessary for insurance, occupation or an onward transaction.
● The Building Safety Regulator can give enforcement notices requiring non-compliant work to be remedied by a certain date, and for all work on site to be stopped until non-compliance is resolved. These notices can be given up to 10 years from completion of work. ● Failure to comply can result in imprisonment and a fine. ● In certain circumstances, including cases of non-compliance with the Building Regulations, the directors, managers and other officers of a company or other organisation can be personally liable for an offence committed by a company.
For the complete list of frequently asked questions related to the Building Safety Regulations, click the QR code below.
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Master Builder
www.fmb.org.uk
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