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Jurisdiction: Republic of Ireland
Commencement: 16th October 2024
Amends: Building Control Regulations 1997 to 2024
Various duties apply and are available to view on the Legislation Update Service.
Amendment
Exemptions from the requirements for commencement notices and fire safety certificates are introduced for works on Tier 1 and Tier 2 buildings.*.
*Tier 1 and 2 buildings include apartments and duplexes constructed between 1991 and 2013 for which Tier 1 or 2 fire safety remediation options are considered appropriate in accordance with the “Code of Practice for the Remediation of Fire Safety Defects”.
This amendment has no direct relevance to environmental matters.
Jurisdiction: Wales
Commencement: 25th April 2024
Amends: Building Safety Act 2022
Various duties apply and are available to view on the Legislation Update Service.
Changes made to section 50 of the Building Act 1984 by the Building Safety Act 2022 in relation to plans certificates issued by a registered building control approver (RBCA) come into force on the 25th April 2024.
The Building (Approved Inspectors etc.) Regulations 2010, Regulatory Reform (Fire Safety) Order 2005 and Energy Performance of Buildings (England and Wales) Regulations 2012 are updated to refer to registered building control approvers (RBCAs) as building control approvers in Wales.
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The Grenfell Tower fire has prompted a review of existing legislation on fire safety standards and building regulations. New legislation is due to come into force on 6th April 2023 and will make provisions for high-risk buildings. The Compliance People consultant Alison Long looks at this important change.
A high-risk building is any building that:
Owners and operators of high-rise buildings must now:
All high-risk buildings must be registered by October 2023.
The draft legislation can be viewed here.
Do you want to have your say on fire safety standards and building regulations?
Take a look at the following consultations issued by the Health and Safety Executive (HSE) and the Welsh Government.
In Summary
Organisations are required to register with the BSR and appoint a principle accountable person for high-risk buildings. The deadline for compliance is currently October 2023.
Jurisdiction: England, Scotland & Wales
Commencement: 28th July 2022
Amends: New Legislation
The Electricity and Gas (Energy Company Obligation) Order 2022 establishes the fourth Energy Compliance Obligation scheme (ECO4) which will run until 31st March 2026.
This Order establishes the fourth Energy Compliance Obligation scheme (ECO4) which will run until 31st March 2026.
The scheme places duties on large energy suppliers* to implement energy efficiency measures with the aim to reduce the cost of heating domestic properties. Duties are also placed on the Gas and Electricity Markets Authority.
*Large energy suppliers are licenced gas and electricity suppliers** that exceed the minimum qualifying supply*** of electricity and gas supplied to domestic customers.
**Licenced gas and energy suppliers are suppliers who hold a licence under Section 6(1)(d) of the Electricity Act 1989 and / or a licence under Section 7A of the Gas Act 1986.
***Qualifying supply means:
Phases
The scheme is split into 4 phases.
Previous ECO schemes ran from:
Various duties apply
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Jurisdiction: England
Commencement: 16th May 2022
Amends: Fire Safety Act 2021
The Fire Safety Act 2021 makes changes to The Regulatory Reform (Fire Safety) Order 2005, bringing buildings which contain two or more sets of domestic premises into scope (domestic premises were previously exempted). This means the building’s structure, external walls and any common parts in these types of premises will now be subject to the requirements of the Order, which are already in place for non-domestic premises (such as factories or offices).
The Act gives the Government power to change premises to which the Order applies in future (this is expected as further changes to fire safety legislation follow the completion of the Grenfell fire inquiry). It also amends risk based guidance about the discharge of duties under the Order.
Premises to which the Fire Safety Order applies
Where a building contain two or more sets of domestic premises, the Order will apply to:
Power to change premises to which the Fire Safety Order applies
In England, the Secretary of State is given the power to make changes, or to clarify the premises the Order applies to, through further Regulations. In Wales, this power is give to the Welsh Ministers. In both cases, they must carry out a consultation beforehand.
There are no additional duties for business under this Act
Buildings which contain two or more sets of domestic premises will now be subject to the requirements of The Regulatory Reform (Fire Safety) Order, which are already in place for non-domestic premises. These include a general duty to ensure, so far as is reasonably practicable, the safety of employees, a general duty in relation to non-employees to take such fire precautions as may reasonably be required in the circumstances to ensure that premises are safe, and a duty to carry out a risk assessment. It also brings the owners and managers into scope of enforcement powers for non-compliance with the legislation.
Changes to risk based guidance about the discharge of duties under the Fire Safety Order
Guidance in the Order (Article 50) is amended so that in legal proceedings, where it is alleged someone has contravened Articles 8 to 22 of the Order:
Article 50 is also amended to require the Secretary of State to carry out a consultation before revising or withdrawing any risk based guidance in relation to relevant buildings.
The following two definitions are also added to the guidance:
Relevant building – a building in England containing two or more sets of domestic premises.
Risk based guidance – guidance about how a person who is subject to the duties in the guidance in relation to more than one set of premises is to prioritise the discharge of those duties in respect of the different premises by reference to risk.
Amendment
These Regulations bring into force Section 1 (Premises to which the Fire Safety Order applies) of the Fire Safety Act 2021. Where a building contains two or more sets of domestic premises, The Regulatory Reform (Fire Safety) Order 2005* will apply to:
*The Regulatory Reform (Fire Safety) Order 2005 places duties on employers and any person in control of business premises (‘responsible person’) to manage fire safety in those premises. The Fire Safety Act brought domestic premises into the scope of the Regulatory Reform (Fire Safety) Order 2005.
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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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