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The Building Safety Act 2022

The Building Safety Act is a landmark piece of legislation sets out a new regulatory framework for the construction industry, with a focus on ensuring that buildings are safe for people to live, work, and visit.

Origins and Purpose

This reformative piece of legislation is an indication of the UK Government’s profound commitment towards making the built environment safer and more resilient. Implemented as a direct result of the Grenfell Tower tragedy of 2017, the Act and the ensuing Secondary Legislation intends to rectify the lapses in building and fire safety, highlighting key areas from Dame Judith Hackitt’s 2018 review.

Having gained Royal Assent in April 2022, the Building Safety Act 2022 strives to improve fire and building safety across all buildings, with a spotlight on higher-risk properties, revolutionising the approach to building design, construction, and management

The Scope of the Act and Key Provisions

The Act affects all individuals and entities involved in a building’s lifecycle – from designers and contractors working on the initial design and construction to building owners and managers who oversee the property’s ongoing safety.

The Building Safety Act 2022 concentrates on:

    • Enhancing the safety and standards across all buildings
    • Strengthening the safety of higher-risk buildings throughout their lifecycle, from construction to occupation
    • Elevating the skillset and competence of individuals involved in the oversight, management, and execution of work on higher-risk buildings
    • Offering clearer guidelines and standards
    • Incorporating residents as key stakeholders within the new building safety system

Critical Roles: The Building Safety Regulator and Accountable Persons

The Building Safety Act 2022 introduces two vital roles: the Building Safety Regulator and the Accountable Person(s). The Regulator ensures safety across all buildings, applying strict standards for higher-risk buildings’ design, construction, and occupancy.

The new role of the Accountable Person(s) is attributed to an individual or organisation responsible for a high-risk building during its occupancy or maintaining common parts, such as lobbies. If there’s only one Accountable Person, they are deemed the Principal Accountable Person. In buildings with multiple Accountable Persons, the one responsible for the structure and exterior becomes the Principal Accountable Person. They oversee safety risks, producing a ‘Safety Case Report’ outlining risk identification, mitigation, and management.

Wider Repercussions of the Building Safety Act 2022

While the Building Safety Act primarily targets high-rise residential buildings, its repercussions extend to all buildings:

 

      • It introduces a New Homes Ombudsman scheme, ensuring developers are held accountable for the quality of new builds.
      • It enforces the ‘golden thread of information’, requiring vital building safety data to be digitally recorded and maintained throughout a building’s lifespan.
      • It imposes severe penalties for non-compliance, including potential imprisonment and unlimited fines.

Navigating the Building Safety Act

The Building Safety Act 2022 is a step in the right direction to improve building safety.  However, it is important to note that the Act is just one part of the solution. The industry also needs to work together to ensure that buildings are built to a high standard and that they are properly maintained.

Here at The OM Group, we understand the intricate challenges posed by the Act. We’re committed to providing expert advice, guidance, and solutions to ensure your properties align with both current and future legislation. Contact us today for a more in-depth understanding of the Act and how best to prepare for its full implementation.

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