The Building Safety Regulator (BSR) has published its strategic plan for the built environment sector until 2026. The BSR is part of the Health and Safety Executive enacted by the Building Safety Act 2022 to oversee and enforce the new building safety regime (for more on the BSR's role and responsibilities, read our recent article).
The document sets out how the BSR will deliver building safety in England. The BSR introduces a new approach to building control by creating a regulated building control profession that is more accountable and upholds building standards in England.
The strategic plan is broken up into three parts; implementation, consolidation and steady state. Although we broadly review here the entire plan, we are particular interested at the moment with the steps identified for "Early 2024"(see below).
Implementation (April 2023-March 2024)
The BSR is intended to be a proactive and responsive body. Earlier this year we witnessed significant secondary legislation that enabled the BSR to come into being:
April 2023
- It introduced the registration of occupied higher-risk buildings (HRB's)
- The BSR took on responsibility for technical policy and the Building Inspector Competence Framework was published.
The building sector was provided with much needed detail on the type of information that the BSR would require from the principal accountable person about their building and their responsibilities.
May 2023
- It introduced a requirement that "Key Building Information" (KBI) on HRB's is submitted.
KBI is a set of information that allows the accountable persons to assess and properly manage the risks of fire spread or structural failure. A registration portal has been set up for KBI, the accountable persons will need to answer questions about their building and works carried out on their building. KBI will need to be supplied within 28 days of registration. The BSR's role in this will be to collate the KBI and publish it in the register for HRB's, which is set to be published in January 2024
June 2023
- It published the Professional Conduct Rules for Registered Buildings and the Code of Conduct for Registered Building Inspectors.
The code sets out the standards of professional conduct and practice expected of Registered Building Inspectors and is stated to be the heart of the regulated building control profession. The principles are to act with honesty and integrity, maintain professional competence, deliver services with professional skill and care, uphold public trust and confidence in the provision of services and the pression and lastly, treat everyone fairly and act in compliance with legal obligations.
September 2023
- The Industry Competence Committee (ICC) was introduced, (as required by s. 10 of the BSA 2022)
The ICC is intended to work as an advisor to the BSR on competence relating to the built environment sector. It is also intended to develop an evidence-based strategy to improve competence for those working in the built environment sector. The BSR aims to regain the faith of the public in relation to the built environment sector and it believes that through competence it can achieve that.
October 2023
This was a significant month for the built environment sector.
- The deadline to register existing HRB's passed.
- The registration for building inspectors (RBI) and building control approvers (RBCAs) commenced.
- The BSR became the Building Control Authority for HRB's in England and existing HRB projects not meeting the transitional requirements transferred to the BSR.
In early 2024,
- it is proposed that all other duties in relation to Accountable Persons and Principle Accountable Persons in HRB's will come into force.
- a residents complaint system is to be set up and the strategic plan mentions that the BSR will begin acting on un-remediated HRB'S.
- the BSR is to setup a national register for HRB's, which will provide a searchable portal for the first time in England.
Consolidation (April 2024-March 2025)
The strategic plan details how in spring of 2024, the BSR will be enforcing the regulatory regime and will establish the regulated building control profession. The BSR will use this period to call in occupied HRB's for assessment of their compliance with the new duties to assess and manage building safety risks. The PAP of a HRB will be committing an offence if their building is occupied but not registered. The BSR will direct PAPs of occupied HRB's to apply for a building assessment certificate in relation to the registered building. What is to be included in an application for a building assessment certificate is outlined in s. 80 of the BSA 2022.
The BSR aims to, by their first year of assessing occupied HRB's, to have assessed 20% of buildings. The BSR also intends to inspect Building Control Bodies, 20% of all Local Authorities and RBCAs are to be inspected and actioned appropriately.
Building inspector and building control approver registration will become mandatory within this period.
The BSR will use the information that is collected from building control bodies to measure compliance with Operational Standards Rules (OSRs). OSRs allow the BSR to request specific information from building control bodies in respect of building safety matters. The inspection results will also be assessed to establish a foundation of building control activities and compliance with the OSRs. This period is also intended to refine the reporting processes and to continue to adapt resource plans.
Steady State (April 2025-March 2026)
The strategic plan sees the BSR operating the new regulatory regime and its functions on a steady basis in this period onwards. The BSR aims by April 2026, to have assessed 40% of occupied HRB's, which represents 65% of residential dwellings.
By October 2026, the BSR intends to have completed a cost-benefit analysis of making regular inspections of condition of electrical installations in relevant buildings. This is intended to improve the safety of persons in or about relevant buildings. The BSR will also consider what further provisions or guidance may be needed regarding the built environment.
Conclusion
This strategic plan affirms the BSR's commitment to transforming building safety in England by working with those in the building industry. The scale of the task ahead is no easy feat and if the BSR successfully implements the plan in the coming years, we will see a significant change to the built environment.
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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