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Jurisdiction: United Kingdom
Commencement: 16th January 2024
Amends: Building Safety Act 2022 (c. 30)
Various duties apply.
The following sections come into force on 16th January 2024.
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Since the Grenfell Tower fire in June 2017, significant changes to the control of building work have been introduced in England as part of the Building Safety Act 2022. With additional legislation in effect from the start of October the phased roll out of changes for building regulations is close to completion.
From 1st October 2023 the Building Safety Regulator (BSR) is the sole control authority for building work involving higher-risk buildings (HRBs) in England. A HRB in England is defined as a building with 2 or more residential units and a height of 18 metres, or 7 storeys.
Local authorities and approved inspectors are no longer able to process new applications for HRB work in England, which requires approval from the BSR. Clients have a duty to ensure approval is given and to create and maintain key building information (golden thread information) through the life of a HRB.
Private businesses who wish to continue to oversee building work must register with the BSR by 6th April 2024 to be authorised as a registered building control approver (RBCA). When carrying out building control work, an RBCA must consult and consider the advice of a registered building inspector. The HSE provides guidance on the role of an RBCA, their legal duties and how to register here.
Inspectors must also register as a registered building inspector to carry out regulated building control activities including assessing plans, inspections and giving advice and guidance to the BSR, local authorities and RBCAs. After April 2024 it is a criminal offence to work as a building inspector without being registered. The HSE provides guidance on the role of a registered building inspector, legal responsibilities and how to register here.
Legislation in force from 1st October 2023 can be found on the Legislation Update Service and includes the following regulations:
Works on new and existing HRBs require building control approval from the Building Safety Regulator, rather than the local authority. Clients and wider dutyholders have specific duties as part of the new building control regime.
Clients, contractors, designers and approved inspectors must follow the framework of control for works involving HRBs as regulated by the BSR.
The BSR may recover the costs of action taken under the Building Act 1984 and the Building Safety Act 2022 (the Acts). This includes the costs of applications and registrations of HRBs, inspections and reviews and appeals.
These Regulations bring into effect a wide range of provisions under the Building Safety Act 2022, the majority of provisions for England made under the Act are now in force.
Makes amendments to the Building Act 1984 to cancel notices where work to a building becomes HRB work in line with the new building control regime.
Makes minor amendments to the wording of 14 local authority acts and the Clean Air Act 1993 to ensure consistency with the new building control regime.
Over 6 years on from the Grenfell Tower fire the majority of legal and procedural changes to improve building safety following Dame Judith Hackitt’s final report have been implemented in England, with proposed changes for Wales expected to be implemented in the near future.
Jurisdiction: England
Commencement: 30th March 2023
Amends: Safety of Sports Grounds Act 1975 (c. 52)
A Safety Certificate shall contain such terms and conditions as the local authority consider necessary or expedient to secure reasonable safety at the sports ground when it is in use for the specified activity or activities. This may involve alterations or additions to the sports ground. This may include records being kept for the attendance of spectators at the sports ground and records relating to the maintenance of safety at the sports ground.
No condition of a Safety Certificate shall require the service of any members of a police force unless it has been agreed by the chief officer of police of the force. No condition of the Safety Certificate shall require a person to contravene any requirements of the Regulatory Reform (Fire Safety) Order 2005 and the Fire (Scotland) Act 2005.
A general Safety Certificate shall contain or have attached to it a plan of the sports ground, and the terms and conditions in the Certificate, or in any special Safety Certificate issued for the sports ground, shall be framed, where appropriate, by reference to that plan.
A Safety Certificate may include different terms and conditions in relation to different activities.
Green Guide: see the Guidance section which includes a link to the Guide to Safety at Sports Grounds (Green Guide) which contains guidance on safety certification.
Application Process: the Act sets out provisions concerning the process for application for a Safety Certificate. The Act provides for the local authority to send copies of applications for Safety Certificates to the Chief Officer of Police, and in some cases to the Fire Authority and the Building Authority.
Amendment of Certificates: Safety Certificates can be amended, repealed, replaced, transferred and cancelled.
Appeals: the Act sets out an appeal system in relation to applications for Safety Certificates.
Regulations: the Secretary of state can make regulations requiring records to be kept of attendance of spectators at a sports ground and records relating to the maintenance of safety at sports grounds.
Prohibition Notices: local authorities may issue Prohibition Notices if they are of the opinion that the admission of spectators to a sports ground or any part of a sports ground involves or will involve a risk to them so serious that, until steps have been taken to reduce it to a reasonable level, admission of spectators should be prohibited.
The Prohibition Notice should state that the local authority is of the opinion that the admission of spectators to the ground will involve a risk to them so serious that access should be prohibited. The Notice should state the matters which give rise to the risk, and that no or no more than a specified number of spectators is permitted to the stadium or a specified part of the stadium until the specified matters have been remedied.
The Prohibition Notice may apply to a particular occasion, or generally.
The Prohibition Notice may include directions as to remedial action including alterations to the grounds or things to be done or omitted in the grounds.
The Act sets out further provisions concerning the procedure relating to Prohibition Notices.
Enforcement: it is the duty of every local authority to enforce within their area the requirements of this Act.
Powers of entry and inspection: the Act gives power of entry to the local authority, chief officer of police or in Wales, Greater London or a metropolitan county, the fire authority. The relevant person may enter at any reasonable time, inspect the grounds, make inquiries and inspect records of attendance and maintenance.
Offences: it is an offence to admit spectators to a designated sports where no Safety Certificate has been granted or ion contravention of the terms in a Safety Certificate.
Amendment
This Order amends The Safety of Sports Grounds (Designation) Order 2015, an older update. From 30th March 2023, the StoneX Stadium, occupied by Saracens Rugby Club, is designated as a sports ground that must hold a safety certificate.
Under Section 1 of the 1975 Act, the Secretary of State may require sports grounds in England and Wales to have a safety certificate if they have accommodation for over 10,000 spectators.
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Jurisdiction: United Kingdom
Commencement: 5th April 2023
Amends: The Gas Safety (Management) (Amendment) Regulations 2023
These Regulations prohibit a person from conveying gas in a network unless they have prepared a safety case which has been accepted by the Health and Safety Executive (HSE) and where any other person is conveying gas in that network, there is a sole network emergency co-ordinator for the network. Schedules 1 and 2 specify the particulars required for safety cases.
These Regulations require safety cases to be revised as often as appropriate. The procedures or arrangements described in a safety case must be followed.
These Regulations impose requirements on certain specified persons such as other gas utility companies, emergency service providers and others to co-operate with a person conveying gas in a network and with a network emergency co-ordinator to enable them to comply with the requirements of the Regulations.
Regulation 7 places duties on emergency reporting service providers to provide an emergency response service for people to report gas leaks to. This regulation also imposes specified duties on utility companies and others with respect to reported gas leaks and incidents and to the investigation of those incidents.
Regulation 8 and Schedule 3 imposes requirements with respect to the characteristics and testing of gas.
These Regulations impose requirements on the making and keeping of safety cases and associated documents.
The Regulations permit the HSE to grant exemptions from the requirements of the regulations.
Amendment
A minor technical change is made to correct an error in The Gas Safety (Management) (Amendment) Regulations 2023.
There are no changes to duties for organisations.
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Jurisdiction: Republic of Ireland
Commencement: 1st November 2022
Amends:
The Building Regulations 1997 to 2022 set out the requirements to be observed in the design and construction of new buildings and the extension, refurbishment and change of use of certain buildings. The Regulations consolidate, with amendments, provisions of the Building Regulations 1991, and the Building Regulations (Amendment) Regulations 1994. The Regulations came into operation on the 1st of July 1998.
The original building Regulations are separated into 12 sections, some of which have been amended since 1997:
Part A — Structure
Part B — Fire safety
Part C — Site preparation and resistance to moisture
Part D — Materials and workmanship
Part E — Sound
Part F — Ventilation
Part G — Hygiene
Part H — Drainage and waste water disposal
Part J — Heat producing appliances
Part K — Stairways, ladders, ramps and guards
Part L — Conservation of fuel and energy
Part M — Access for disabled people
Additional requirements were added to these Regulations by the European Union (Energy Performance of Buildings) Regulations 2021 which can be found in the updates section below.
New buildings, existing buildings that are not dwellings (except where specified below), and buildings undergoing major renovation are now subject to the following requirements.
Building automation and regulation
Electric vehicle charging points
Ducting infrastructure for electric vehicle charging points
To enable the installation of electric vehicle recharging points, certain buildings containing at least one dwelling must have installed ducting infrastructure (consisting of conduits for electrical cables) for each car parking space.
For new multi-unit buildings, the requirement applies if the parking space is located inside the building or within its courtyard.
The requirement also extends to existing multi-unit buildings undergoing major renovation if the renovations include:
For new dwellings (not part of a multi-unit building), the requirement applies where the parking space is located in the courtyard of the dwelling.
N.B. This amendment applies to construction / renovation works that start on or after 1st November 2022.
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Jurisdiction: United Kingdom
Commencement: 28th May 2022 – 1st October 2022
Amends: Building Safety Act 2022 (c. 30)
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).
Various duties apply.
Several sections of the Building Safety Act 2022 are bought into force on the dates outlined below.
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Jurisdiction: Republic of Ireland
Commencement: 15th October 2021
Amends:
Changes are made to extend the expiry dates on safety awareness registration cards as outlined below.
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Jurisdiction: UK
Commencement: 31st December 2020
Amends:
These Regulations make various amendments to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019. The effect of the amendments is to apply the 2019 amendments to England, Wales and Scotland only, and not to apply them to Northern Ireland.
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