Updates

The Building Safety Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022

  • Legal

Jurisdiction: United Kingdom

Commencement: 28th May 2022 – 1st October 2022

Amends: Building Safety Act 2022 (c. 30)

Mini Summary

The Building Safety Act 2022 introduces changes to building regulation and control for higher-risk buildings (buildings of at least 18m in height or with at least 7 storeys, and in either case containing at least 2 residential units) in England. It is made primarily in response to the Grenfell Tower disaster and the inadequacies that caused it.

To enable these changes, this Act establishes a building safety regulator as part of the Health and Safety Executive (HSE), with the objectives of securing the safety of people in / around buildings and improving the general standard of buildings. This regulator enforces the many new duties imposed on an accountable person in relation to higher-risk buildings, laid out in this Act. In addition to higher-risk buildings, this Act also lays the groundwork for future regulations on prohibition of development and building control and construction products, and makes significant amendments to the Building Act 1984.

Section 126 lays down the groundwork for the establishment of ‘building industry schemes’ by the Secretary of State. These will be created to help ensure safety in and around buildings as well as to improve the overall standard of buildings.

Different sections of this Act come into force at different times (outlined in Section 170). Part 2 (The regulator and its functions) and Part 4 (Higher-risk buildings) largely come into force for the purposes of making additional regulations under this Act on the day this Act is passed. Part 3 will be brought into force by subsequent regulations made by either the Welsh Ministers (for Wales) or Secretary of State (for England).

Duties

Various duties apply.

Amendment

Several sections of the Building Safety Act 2022  are bought into force on the dates outlined below.

  • Section 132 (Order for information in connection with building liability order) of the Act will come into force on the 28th May 2022.
  • Sections 2(2), 3, 17, 18, 31, 41, 55, 57, 130, 131 and 132 will come into force on the 28th June 2022.
  • Section 48 (Insurance: removal of requirements) will come into force on the 28th July 2022.
  • Section 160 (Housing complaints made to a housing ombudsman) will come into force on the 1st October 2022.
  • The Schedule outlines certain paragraphs of Schedule 5 of the Act that will come into force in England on the 28th June 2022.

Link to full government text

 

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