The UK Building Safety Act was introduced in response to growing concerns about safety and quality in the construction industry. The 2017 Grenfell Tower tragedy prompted a comprehensive review of the UK’s building regulations. The event followed a prior incident in Edinburgh, where structural defects resulted in the closure of 17 schools, further highlighting deficiencies in industry practices. Collectively, these events revealed significant shortcomings in building safety standards and underscored the urgent need for regulatory reform, ultimately guiding the development of the new legislation.
The Draft Building Safety Bill, created to ensure fundamental reforms, was published in July 2020 after industry stakeholders and Parliament scrutinised and identified the issues presented in an independent review by Dame Judith Hackitt.
The Building Safety Bill received Royal Assent and was enacted in Parliament in April 2022, becoming known as the Building Safety Act 2022.
Understanding the Building Safety Act
Following the introduction of the Building Safety Act, the Building Safety Regulator (BSR) became responsible for the assessment, certification, and registration of building control professionals, as well as overseeing LABC (Local Authority Building Control). The act introduced stringent standards for building control inspectors to prevent the omission of critical building components—oversights that had previously occurred with privately approved inspectors, as seen in incidents like the Grenfell Tower tragedy. These measures aim to safeguard residents and building users by ensuring the consistent and thorough application of safety standards across all regulated buildings.
The Act also requires recording all building development elements, such as materials used and installation systems. Once the structure is ready for occupation, the building regulator must conduct a final review before approving it.
To prevent a recurrence of the Grenfell Tower tragedy, the Building Safety Act implements stricter regulations for Higher-Risk Buildings (HRBs). In England, these are defined as structures at least 18 meters in height with a minimum of seven storeys, although following the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, this definition was broadened to include the following types of properties:
- Hospitals
- Care homes
- Domestic properties with two or more residential units
The Important Role of the Building Safety Regulator
The Building Safety Regulator (BSR), formed under the Health and Safety Executive (HSE), is responsible for monitoring the development and maintenance of compliant properties.
Its primary functions include:
- Supervision of building safety and standards
- Ensuring that the industry and building control professionals act competently
- Play a leading role in implementing the new regulations for high-rise buildings.
Planning Regulations
To ensure dutyholders effectively identify, manage, and mitigate building safety risks throughout a building’s lifecycle, the Act mandates the retention of a ‘golden thread of information.’ This comprehensive record enables responsible parties to demonstrate compliance with applicable building regulations for past and future work and proactively address safety risks, reducing the likelihood and/or severity of fire spread or structural collapse.
To monitor compliance with the “golden thread” requirements across various buildings, the HSE maintains a register of occupied higher-risk buildings, building inspectors, and approvers, as well as oversees the following roles within the organisation:
- National Regulator for Construction Products – for regulating building product quality
2. New Homes Ombudsman – Major residential developers must sign up, allowing for owner complaints and the development of new practice codes
To whom does the Building Safety Act apply?
The Building Safety Act applies to developers, structural engineers, investors, contractors, property managers, and all other parties working in the building industry.
Under the Act, all parties are responsible for reducing the risk of structural failures or fires. As the Construction, Design, and Management (CDM) Regulations 2015 outlines, they must possess the competencies and approvals to undertake these responsibilities. Exceptions to this include trained apprentices, whom qualified individuals must instead supervise.
Meeting the Responsibilities
An accountable person must demonstrate that all reasonable measures have been taken to mitigate risks in buildings covered by the Act. Failure to do so may result in legal action. If multiple individuals share accountability, a principal accountable person is designated to ensure compliance with the Building Safety Act
The duties of the Accountable Person for Building Safety Act compliance include:
- Registering any new and existing buildings required by the Act
- Conducting regular building safety assessments and maintaining safety case reports proving compliance
- Ensuring resident views get taken into account when discussing building safety
- Creating a process for reporting mandatory and voluntary incidents to the BSR
- Applying for and displaying the required Building Assessment Certificate.
- Keeping everyone safe on the premises per the Fire Safety Order.
- Financial responsibility for remedial works falls.
The Building Safety Act underwent several reviews and updates during its gradual rollout. It has created two new roles: overseeing the building’s safety responsibilities and providing tenants with a point of contact.
The Role of the Structural Engineer
At Harban Redwood, we understand the critical role of structural engineers in implementing the Building Safety Act. We ensure building integrity through design and strict supervision during construction, providing a safe, stable, and regulation-compliant structure.
As structural engineers, we play an essential part in the duty-holder team. We advise on the structural aspects of our client projects and implement proper safeguards at every stage. As structural engineers, we maintain the highest safety standards throughout the project’s delivery and service life.
By maintaining comprehensive records of our detailed plans, structural reports, method statements, and maintenance recommendations, we ensure that a “golden thread” of safety information is always available for the structural aspects of all of our projects.
Harban Redwood, as your structural engineer of choice, is instrumental in both the design and execution phases, ensuring that buildings’ structural integrity aligns with the safety expectations of the Building Safety Act.
Ensuring the safety of our partners and clients throughout and after project delivery is a priority for our experienced team of engineers. We achieve this by implementing high safety standards in our structural designs and providing continuous support during and after construction. For more information on our services in this sector, please refer to our Services page or get in touch with us at info@harbanredwood.com
