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The Building Safety Act 2022 was introduced in response to the Grenfell Tower disaster, which sadly claimed 72 lives in June 2017. The tragedy resulted in a call to reform the way that fire safety is regulated in the UK. The 2022 Act aims to prevent such a catastrophe from happening again by imposing stricter regulations on fire safety in buildings.
Although the Act was published in May 2022, large portions of it were not immediately enforced and it was stated that these portions would be enforced by future regulations, known as commencements. Since then, we have had four commencements with more to come, and the full implementation of the Act is not expected until October 2023. In this article, we will examine the four commencements and their contents.
The first commencement to be introduced was published in May 2022, right after the initial Act came into force, and outlined a range of sections of the Act that would be introduced between May 2022 and June 2022.
Some of the key parts to be introduced over this time were the building liability orders (sections 130, 131 & 132), housing complaints made to a housing ombudsman (section 160) and strategic planning to be done by the regulator (sections 17 & 18).
The second commencement made was in July 2022 and applies only to Wales. Section 48 on the removal of insurance requirements was bought into force, with the effect of removing any insurance requirements for approved inspectors under the Act.
The third commencement came into force at the end of August 2022 and introduced the powers relating to schemes for developers (sections 126 & 127) and the prohibitions on building control (section 129) and the development of land (section 128).
The final commencement that has so far been released came into force at the start of December 2022. It introduced the key duty of the new regulator to facilitate building safety in higher-risk buildings (section 4). It also bought into force the requirements for the regulator to establish building advisory committees (section 9) and residents’ panels (section 11).
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.