Introduction
The Building Safety Bill was introduced in July 2021 with the purpose of providing a new safety regime to regulate building standards, in particular for "higher-risk buildings". This extends to the refurbishment of such buildings; it is not limited to just new builds..
Property Refurbishments under Building Safety Bill.
Perhaps overlooked, in light of the large number of complaints made in respect of recently completed buildings, it remains to point to the obvious that the Building Safety Bill ("the Bill") is before us most particularly as it was refurbishment works that gave rise to the Grenfell disaster. The provisions of the Bill are intended to make residents and occupants feel safe when works are carried out post completion of the initial build.
What is 'refurbishment'?
Thankfully the Bill recognises that 'refurbishment' can mean a considerable number of things, and that it would be inappropriate to apply a 'one size fits all' approach to works as they might be carried out in accordance with the Bill. Obviously what needs to apply to the replacement of windows ought to differ to works proposed for the wholesale refurbishment of a building (whether for cladding purposes or any other) or the creation of additional storeys on top of a roof. Proposals therefore will be proportionate by reference to the expected impact of the refurbishment on the building and building safety.
What does this mean?
This is presently less clear. It is intended that secondary legislation deals with this , and the regulations won't be finalised until the Bill has received Royal Assent.
Broadly however, where the impact is significant, applicants must submit a building control application to the Building Safety Regulator with all prescribed plans and documents. The applicant must demonstrate how proposals will comply with building regulations. Where the impact is minor, applicants will be required to submit a building control application to the Building Safety Regulator with only those plans and documents which the applicant deems relevant. The Building Safety Regulator will be able to request further information / documents, and refuse applications if these are not provided. In either case however the new regime requires building control approval from the Building Safety Regulator before works start.
It is also proposed that certain types of work, where the risk to building safety is thought low, may be carried out under a 'competent person scheme'. This would allow an installer to self-certify that works comply with building regulations. It would not be necessary to seek permission to carry out the work in advance but the Building Safety Regulator must be notified within 30 days of completion.
Undertaking Refurbishment Works
It is worth mentioning that the three stage 'Gateway' proposals will not apply here. This is understandable given the variation in works discussed above, and that in many cases residents will already be in occupation, and will remain so through the build.
The Bill envisages that those commissioning work, and those engaged to design and to undertake refurbishment works ("dutyholders" under the Bill) consider building safety right through the works. This includes general duties to co-operate, co-ordinate, and communicate with others involved, and to be competent to undertake or direct the works. Significant changes to the proposed works will require further Building Safety Regulator approval before the changes are implemented. The Building Safety Regulator will carry out inspections at key stages of building work to provide appropriate regulatory oversight.
On completion of the works an application must be submitted to the Building Safety Regulator for assessment with ‘as-built’ plans and relevant documentation. The Building Safety Regulator will inspect the building work and issue a completion certificate if it is satisfied that the work complies with building regulations.
A practical point for developers
It is significant that building regulations approvals as regards higher risk buildings (i.e. high-rise residential buildings, care homes and hospitals which are 18 metres or more, or at least seven storeys in height), can only be issued by the Building Safety Regulator (established within the HSE). It will not be possible to refer to an Approved Inspector as has been the case since the advent of the Building Act 1984. The regime permitting Approved Inspectors came about as a result of the frustration the industry had with local authority inspectors – delays were legion. It is to be hoped that this reversal as regards high rise buildings does not see a repeat performance in this respect.
This blog is part of a series published by Howard Kennedy LLP on the Building Safety Bill. For more information please contact Simon Butterworth, Sharon Stark or Stuart Duffy. For other blogs on the bill please click here.
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