The Building Safety Regulator ("the regulator") is an independent body enacted by Part 2 of the Building Safety Act ("BSA") 2022 and is part of the Health and Safety Executive. The regulator will be responsible for overseeing building safety across the United Kingdom. Its primary role is to enforce and maintain stringent safety standards for both new and existing higher-risk buildings.
What are the regulator's principles?
The BSA 2022 sets out principles that the regulator will have to adhere to. The regulator will need to conduct its regulatory activities in a way that is:
- transparent;
- accountable;
- proportionate; and
- consistent
The BSA highlights that the regulator's regulatory activities should only be targeted at cases where action is needed.
How does the regulator ensure building safety?
The regulator will ensure building safety through a comprehensive set of powers and responsibilities given under the BSA 2022. These include:
- overseeing the safety and standards of all buildings;
- 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 including monitoring compliance by the duty holders (see below) with their obligations and involvement with Gateways (see below);
- having authority to issue enforcement notices to address safety concerns;
- conducting routine inspections of buildings; and
- investigating cases of non-compliance with safety regulations.
What are the duty holder obligations under the BSA 2022?
Duty holders are given specific responsibilities to ensure the safety of building occupants. Duty holders will be expected to conduct regular safety assessments, appoint competent building managers, and maintain detailed records of safety-related information.
These obligations are crucial for upholding building safety standards throughout a building's lifecycle and will be monitored and regulated by the regulator. The regulator must also plan for a person to establish and operate a voluntary occurrence reporting system. A "voluntary occurrence reporting system" is a system to facilitate the voluntary giving of information about building safety to the person who operates the system.
How does the Gateway Regime ensure building safety?
The Gateway Regime, introduced by the BSA 2022, incorporates checkpoints or gateways during the design and construction phases of buildings.
The regulator will evaluate safety risks, review designs and will issue building assurance certificates before construction can commence and then at the point that construction is completed (prior to occupation). The regulator is involved in this process by:
- Establishing standards: the regulator is responsible for setting and maintaining stringent safety standards and regulations for the construction industry. It will work closely with local authorities fire and rescue authorities, and external technical experts as necessary, to guarantee the right specialists and regulators are in place when making decisions on applications.
- Evaluation and approval: the regulator will conduct comprehensive evaluations of the project's safety aspects. This includes reviewing the project's design, materials and construction methods to ensure they comply with the established safety standards. The regulator has the authority to approve or reject a project's progression based on these evaluations.
- Issuing Building Assurance Certificates: these certificates serve as official documentation that a project has successfully met the safety requirements for a specific phase of the construction process.
- Collaboration and guidance: the regulator will collaborate with industry stakeholders and provide guidance to duty holders, architects, and builders. This ensures that everyone involved in the construction process understands and adheres to safety standards and procedures.
- Enforcement of compliance: if the regulator identifies non-compliance or safety violations during its assessments or monitoring, it has the authority to take enforcement actions. This may include issuing enforcement notices, requiring modifications, or even halting construction until safety concerns are resolved.
In essence, the regulator acts as the linchpin in the successful implementation of the gateway regime, thereby reducing the risk of safety incidents and disasters.
The regulator's active role in overseeing the gateway regime provides assurance to the public. Having an independent regulatory authority which is diligently evaluating and approving each phase of construction helps build trust that new buildings are constructed with safety as a top priority.
How can the regulator act on non-compliance?
The regulator's ability to act on non-compliance is comprehensive and includes a range of measures from enforcement notices, prohibition notices, stop work orders, financial penalties to prosecution.
What is the regulators' role with residents?
The BSA 2022 places emphasis on resident engagement to ensure that they are enabled a voice in matters related to their safety and well-being. The regulator acts as a facilitator for residents and resident engagement in building safety matters by promoting communication, transparency and accountability.
Conclusion
The regulator established under the BSA 2022, plays a pivotal role in safeguarding building occupants in the UK. It actively enforces safety standards and ensures compliance with regulations by imposing clear obligations on duty holders, introducing the gateway regime, emphasising resident engagement and prioritising safety critical information. The BSA creates a robust framework that prioritises building safety at key stages of a building's lifecycle.
This blog is part of a series published by Howard Kennedy LLP on the Building Safety Act. For more information, please contact Shade Mushayandebvu, Stuart Duffy or Mark Pritchard. For other blogs, please click here.
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