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The Grenfell Tower disaster on 14th June 2017 provided the catalyst for significant change in building safety regulation across the UK. These changes aim to ensure that this type of catastrophic disaster will never occur again.
The Building Safety Act 2022 instigates the most significant changes to building regulations. The Act predominantly applies to England and Wales, with limited application in Scotland and Northern Ireland.
This article, written by consultant Tom Marsh, outlines the changes, but if you prefer your information in a visual format, look out for Tom’s webinar on changes to the building regulations – available from 21st July 2022.
New ‘Building Safety Regulator’
Changes are made to the way that fire safety is regulated. The newly created ‘Building Safety Regulator’ operates under the Health and Safety Executive (HSE) to ensure the safety of people in or around buildings, and to improve the standard of buildings.
Higher Risk Buildings in England
Duties are introduced in England for ‘higher-risk buildings’ (those of at least 18 metres in height or at least 7 storeys, and containing 2 or more residential units). These buildings must meet specified requirements, including the following.
In addition, residents and owners must not interfere with safety items or act in a way that would cause a risk to building safety.
New marketing and supply of construction products regulations for the United Kingdom (UK)
The Secretary of State has power to introduce regulations relating to the marketing and supply of construction products throughout the UK.
Protection for leaseholders
It is made clear that the cost of replacing cladding falls to developers and manufactures, or building owners, and not to leaseholders.
The Fire Safety (England) Regulations 2022 has been introduced to improve fire safety in high-rise and other multi-occupied residential buildings and comes into force on 23rd January 2023. It imposes new duties on a ‘responsible person’ (a person with responsibility for the safety of themselves and others) for the building, including:
The Building (Scotland) Amendment Regulations 2022 (under the ‘Updates’ section of The Building (Scotland) Regulations 2004 on LUS) brings new requirements to improve fire safety in buildings in Scotland. It introduces requirements to address external wall cladding systems that use high risk materials; requires work to external wall cladding to go ahead only with a building warrant; and work must be done to the mandatory standard.
The Building etc. (Amendment) (England) Regulations 2022 (under the ‘Updates’ section of The Building Regulations 2010 on LUS) expands the list of combustible materials banned from use on the external walls of buildings. Additionally, it brings hotels, hostels, and boarding houses within the scope of the combustible materials ban. These Regulations come into force on 1st December 2022.
The Act and the Regulations above are the first to be published and mark the beginning of a wider revolution in UK building safety law. Further legislation is to be expected. The best way to keep updated is to be subscribed to our Legislation Update Service.
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Jurisdiction: Scotland
Commencement: 21st May 2022
Amends: New Legislation
This Order provides for the implementation of local heat and energy efficiency strategies and local heat and energy efficiency delivery plans.
It places duties on local authorities and the Scottish Ministers only. There are no duties for organisations.
By 31st December 2023 local authorities must prepare and publish:
These must be reviewed and updated at intervals of no more than 5 years.
The Scottish Ministers must consult with local authorities and publish guidance relating to the production and content of the local heat and energy efficiency strategy and delivery plan.
The Scottish Ministers may request and review a local authority’s strategy and delivery plan.
Local heat and energy efficiency strategy
A local heat and energy efficiency strategy is a long-term strategic framework that sets out proposals for:
Local heat and energy efficiency delivery plan
A local heat and energy efficiency delivery plan sets out how the local authority intends to support the implementation of its local heat and energy efficiency strategy.
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Jurisdiction: England
Commencement: 23rd January 2023
Amends: New Legislation
These Regulations are made under the Regulatory Reform (Fire Safety) Order 2005 and come into force on 23rd January 2023.
They require precautions to be taken to reduce the risk of harm from fire in residential low, medium and high-rise buildings*
*A high-rise building is a building that:
The Secretary of State must review these Regulations every 5 years.
Various duties apply.
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Jurisdiction: UK
Commencement: 10th May 2022
Amends: The Environment Act 2021
The Environment Act 2021 aims to improve air and water quality, tackle waste, improve biodiversity and make other environmental improvements.
The following sections of the Environment Act 2021 come into force on 10th May 2022.
Additionally, the following provisions of the Environment Act 2021 come into force on 30th September 2022.
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Jurisdiction: UK
Commencement: 13th April 2022
Amends: The Air Navigation Order 2016
The Air Navigation Order 2016 regulates matters such as aviation safety standards and aircraft navigation which fall outside the scope of EU regulation. It revokes and replaces the Air Navigation Order 2009.
This Order is wide-ranging, covering aircraft, air crew, passengers, cargo, air traffic and aerodromes.
Part 1 deals with interpretation, and introduces Schedule 1 containing definitions used throughout the Order.
Part 2 sets out the applicability of the Order, including providing extra territorial effect in certain situations.
Part 3 deals with registration and marking of aircraft.
Part 4 deals with airworthiness of aircraft, both initially and on a continuing basis.
Part 5 sets out requirements for the operation of aircraft. This imposes specific obligations on the pilot in command of an aircraft, and sets out requirements for aircraft equipment and crew, as well as restrictions on certain types of aerial activity. There are additional requirements for public transport operations.
Part 6 deals with arrangements for aircrew, including requirements for aircrew to be licensed and how such licences are granted and maintained. Part 6 also implements Council Directive 96/29/Euratom which lays down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation.
Part 7 deals with arrangements for air traffic services, including the licensing of air traffic controllers and flight information service officers.
Part 8 sets requirements for aerodromes and lighting, including a requirement to light objects, such as wind turbine generators, which may prove an obstacle to aircraft. Lights which dazzle or distract pilots, or which are otherwise liable to endanger aircraft, are prohibited.
Part 9 specifies which documents and records are required to be maintained and produced. This Part also requires an undertaking to keep a record of the assessed exposure of air crew to cosmic radiation for the purposes of Council Directive 96/29/Euratom, to produce that record on request to the Civil Aviation Authority (CAA) and to supply a copy on request to the air crew concerned.
Part 10 sets out prohibitions in connection with aircraft, including in relation to drunkenness, smoking and acting in a disruptive manner.
Part 11 deals with revocations and saving, consequential amendments and transitional arrangements. This Part gives effect to Schedule 14 (Revocations and Savings, Consequential Amendments and Transitional Arrangements). This Order revokes The Air Navigation Order 2009 and its amendments.
Part 12 requires this Order to be reviewed from time to time by the Secretary of State.
Various duties apply.
Minor technical changes are made.
References to Regulation (EC) 216/2008 on common rules in the field of aviation are replaced by Regulation (EU) 2018/1139 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency.
This amendment has no direct relevance to health and safety matters.
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Jurisdiction: England
Commencement: 17th May 2022
Amends: The Emissions Performance Standard Regulations 2015
The Emissions Performance Standard Regulations 2015 establish a monitoring and enforcement regime for the Emissions Performance Standard (EPS) which was introduced in the Energy Act 2013 (EA2013).
The EPS imposes an annual limit on carbon emissions from new fossil fuel plants – this is known as the Emissions Limit Duty. The Emissions Limit Duty has been set at a level equivalent to emissions of 450gCO2/kWh if the plant is operating at baseload. Operating at baseload is defined as operating almost continuously over the course of a year, at between 80%-90% of a generating station’s rated electrical output.
The EPS is designed to work alongside other decarbonisation policies implemented under the Government’s Electricity Market Reforms. Another requirement is that any new coal fired power station is to be equipped with Carbon Capture and Storage (CCS).
The Regulations also apply the Emissions Limit Duty (provided for by section 57 of the Energy Act 201) to existing coal-fired generation plants which extend their operational life by replacing or adding a main boiler.
Parts 1 and 2 of the Regulations apply to the United Kingdom and Part 3 (relating to monitoring and enforcement) applies to England only.
Various duties apply.
Regulation 2 (Interpretation) of The Emissions Performance Standard Regulations 2015 is amended to update definitions relating to the monitoring and enforcement of the emissions performance standard in England. This amendment is necessary to transition the UK from the European Union Emissions Trading Scheme (EU ETS) to the UK Emissions Trading Scheme (UK ETS).
The definition of “GGETS Order ” is updated to mean the Greenhouse Gas Emissions Trading Scheme Order 2020.
Additional definition changes are made to reference the new Regulations and are shown below.
The definition of “The Monitoring and Reporting Regulation ” is updated to mean:
A change is also made to the definition of “the Verification Regulation 2018 ” to mean Regulation (EU) 2018/2067 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC.
The definition of “Greenhouse Gas Emissions Report” is updated to mean:
Additionally, the meaning of Greenhouse Gas Emissions Permit is amended to reflect the definition in Article 4 (Interpretation) and Schedule 6 (permits) of the “GGETS Order “.
There are no duties for organisations under these Regulations.
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Jurisdiction: England & Wales
Commencement: 1st April 2022
Amends: The Energy Performance of Buildings (England and Wales) Regulations 2012
Various duties apply.
The fees set for entering documents, including Energy Performance Certificates (EPCs), Display Energy Certificates (DECs) and Air Conditioning Inspection Reports, onto the relevant public register are revised.
The new fees are:
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As a not for profit organisation, all profits generated by our business are gift-aided to our parent charity Newground Together.
Recently, Newground Together received an application from Calderdale Community Coaching Trust (CCCT), a professional rugby league club based in Halifax. Through Newgrounds’ very popular Community Grant programme, CCCT was successful in their application and received a grant. The purpose of the grant was to create better opportunities for equality in rugby, a sport traditionally dominated by males.
By creating female role models within their coaching team, Calderdale Community Coaching Trust hoped to attract and increase female participation in rugby from ages six up to adulthood. They also wanted to improve membership of the local community league clubs and increase volunteer numbers.
The funding paid for two existing team members to gain a level 2 UKCC Rugby League Coaching qualification. Kara Colvin, who undertook the training, said, “I can play rugby with my eyes closed but being able to show others how to do it isn’t as easy as one would think. The course itself was challenging and helped me grow as a player and a person. I truly am grateful for being able to do this course, and the benefits have been huge.”
With a love of the sport from a young age, Kara initially played to show others that she was just as good as the boys, but it soon became the best thing she ever did. Kara has gone on to coach at several primary and high schools, promoting rugby in the local community. As a result, many children have now joined local community rugby league clubs.
Kara went on to say, “I always have the same message when I coach in the community – work hard but play harder. Rugby is a game for everyone. All sexes, all abilities and all races of life. It’s an inclusive sport, and as long as I can get this message across to the younger generation, then the future of rugby is a brilliant unbiased one.”
By training two team members to deliver training, it’s estimated that 450 people have benefitted, with many young girls joining local community clubs. A sharp increase in volunteers has also been seen with 100 hours of volunteering delivered to the Healthy Holiday camps.
Chris Mitchell, who applied for the funding said, “The funding we have received from Newground Together Community Grant Programme has enabled us to grow our coaching team and grow a love for rugby. This funding allowed us to train two volunteer coaches who have gone on to deliver training to schools and community groups. Without the funding, we wouldn’t have been able to. It’s been a really successful initiative.”
Belle Paterson, Community Development Officer at Newground Together, said: “Although the funding focused on helping two club members become qualified coaches, the ripple effects can be felt much wider. The funding has successfully enabled more young people, especially girls, to think of rugby as a sport they can take part in. Chris and his team are creating a new generation of people who want to play rugby and not shy away from it just because they are female.”
As always, we are 100% committed to gift aiding all our profits to charity. But, without your support, our charity wouldn’t be able to help groups like the Calderdale Community Coaching Trust and many others.
We know just how much the cost of living crisis is impacting businesses and individuals. Therefore, we’re pleased to announce that we’ve taken the decision to freeze prices for Legislation Update Service subscriptions for the third year in a row!
Just a reminder – here are just some of the great features included in our subscriptions:
Built on a solid social heritage, The Compliance People are a not-for-profit organisation, with all our profits going to our parent charity, Newground Together. Through this cost of living crisis, our charity has seen first-hand the impact this difficult time is having on people. But, without your subscriptions, we wouldn’t be able to help so many, so for that we take our metaphorical hat off to you!
You can read more about how you’ve helped to support others here.
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**Health & Safety subscriptions only.
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