A construction introduction to building safety

The tragic Grenfell Tower fire - which broke out in June 2017, killing 72 people - revealed systemic failures in the construction and maintenance of tall residential buildings. The subsequent review of building regulations and fire safety standards undertaken by Dame Judith Hackitt concluded that a complete overhaul of the regulatory framework for building safety was required, for both the construction and occupation phase.

In response, amongst other things, the government enacted the Building Safety Act 2022. This article is about its application in England, although bear in mind it also has some application in Wales and Scotland.

The Building Safety Act creates a more rigorous and joined up regulatory regime for buildings, with enhanced oversight and enforcement powers through a new Building Safety Regulator, and a focus on risk management and prevention.

The Building Safety Act:

• Establishes the Building Safety Regulator, which sits within the Health and Safety Executive and is tasked with regulating higher-risk buildings (more on this below), raising safety standards of all buildings, overseeing compliance and enforcing building regulations
• Introduces clear accountability for building safety, designating specific dutyholders (such as the client, contractors and designers) responsible for managing and mitigating risk throughout construction
• Creates new routes of claims and extended liability periods. For example under the Defective Premises Act 1972 in relation to dwellings, where in some instances liability is extended to 30 years
• Limits leaseholders' liability to pay for works to fix defective buildings, and mandates greater transparency and engagement with residents, ensuring they have access to safety information and are involved in decision-making processes
• Requires building assessment certificates for higher-risk buildings, showing that they meet specific legal Building Safety Act 2022 duties relating to the spread of fire and structural failure at that moment in time
• Strengthens fire safety measures, including improved fire risk assessment and maintenance of information around fire safety arrangements.

The Building Safety Act designates buildings which are at least 18 meters or seven storeys tall, with two residential units, as Higher-Risk Buildings (HRBs). These buildings are subject to more rigorous requirements due to the greater risks in the event of a fire or structural failure.

For example, a key additional requirement in respect of HRBs is the "golden thread of information". This is a comprehensive accessible record of building safety information maintained throughout the building's lifecycle to ensure those who need it have the right information to understand the building and the steps needed to keep the building and people living in it safe. The golden thread applies to existing HRBs as well as new HRBs, during works and in occupation.

Another important difference for HRBs is the more stringent process for making building control applications, where there are additional "Gateways" to pass through during that process.

Alongside the Building Safety Act, a process to replace or repair unsafe cladding on buildings is underway. The government offers funding, for example through the Building Safety Fund and Cladding Safety Scheme. A number of developers have also signed a public pledge and a Developer Remediation Contract, taking responsibility for remediating buildings.

Construction products regulations are also a key part of the drive to improve building safety. The Building Safety Act gives the Secretary of State wide-ranging powers to make construction product regulations - including the introduction of defined safety standards, obligations on manufacturers to provide clear information about the safety and performance of their products, and greater enforcement powers and sanctions for non-compliance. The government has recently consulted on its proposals for construction products reform.

The Grenfell Tower fire has served as a catalyst for much needed significant change in building safety regulations and processes. The Building Safety Act and its associated secondary legislation, the Grenfell Inquiry Phase 1 and Phase 2 Reports, as well as many other measures, represent a comprehensive effort to address the systemic failures exposed by the tragedy. By enhancing oversight, accountability, and transparency, these changes aim to ensure the safety and wellbeing of residents, whether in HRBs or otherwise.

For more information, visit our Building Safety Hub.