Designed to safeguard lives, this legislation applies to all building types, from residential and commercial to mixed-use properties, encompassing both new constructions and existing structures.

The BSA focuses on critical areas such as fire safety, cladding remediation, building standards, and the competence of duty holders. The importance of understanding and adhering to these new regulations cannot be overstated, as they significantly impact all building projects moving forward.

Although the implementation of the BSA is still a 'work in progress' for the real estate industry at large, with the Building Safety Regulator cautioning applicants about potential delays, we are poised to navigate these complexities.

With the transitional period ending on April 6 2024, how prepared is the industry to meet the demands of this new legislative landscape?

The reality of the BSA

Significant changes from the BSA are reshaping the landscape of building regulations, imposing new limitations on what building control bodies can oversee, and introducing updates to the Approved Inspector (Building Control Bodies) legislation where the registration for approved inspectors is now five years, after which they are required to reregister. Among these changes are heightened responsibilities for duty holders, particularly clients, who are now obligated to appoint key roles such as the Building Regulations Principal Designer (BRPD) early in the process.

Another notable shift is the reduction in design advice and guidance provided by Building Control, placing more responsibility on duty holders within the design and construction phases. This heightened level of responsibility underscores the importance of careful planning and diligent management throughout the life cycle of a building. The onus is now on clients to ensure that the right professionals are in place to meet these rigorous standards.

It is also important to note that the Building Safety Act has now been enshrined in criminal law, emphasising the gravity of compliance.

Mobilisation is key

To navigate this evolving environment, it's essential for companies to take proactive steps. Setting up a dedicated task force or working group can be a highly effective strategy. For example, forming a cross-disciplinary team comprising project managers, architects, designers, compliance officers, and surveyors can help ensure a comprehensive approach. Such a group should focus on producing key documentation, streamlining processes, and ensuring compliance with the new regulations.

Training and education are also critical. Companies should consider hosting regular training sessions or workshops to educate employees on the specifics of the BSA. This can include live presentations, interactive sessions, and case studies that demonstrate how to apply the new regulations in practice. Keeping the entire team informed not only builds confidence but also ensures that everyone is prepared to meet the challenges ahead.

Looking ahead

The changes from the BSA, particularly regarding higher-risk buildings, represent a crucial step towards a safer future, which we will seek to explore further. For now, ensuring the competence of the design team and maintaining confidence that all duty holders are meeting their responsibilities is crucial for minimising risk. While leveraging process documents and applications to maintain quality assurance is essential, a shift in mindset about taking responsibility is equally important. We must move beyond simply managing the journey; we need to fully embrace our roles in safeguarding the entire process.

Further information

Contact Carl Mitchell or Jen Thornton

Consultancy: Workplace & Design