In recent weeks, industry debate has perhaps understandably been dominated by the proposals contained within the Leasehold and Freehold Reform Bill and its implications for freeholders, leaseholders and managing agents. Alongside this, the new year has also brought notable updates in the realm of building safety. In this short article, the team at specialist JB Leitch solicitors highlight some of the most recent and significant updates.
In mid-January, new Regulations (which are the sixth commencement regulations made under the Building Safety Act 2022) brought into force various sections in Part 4 of the Building Safety Act.
The sections enacted included:
- Sections 79 to 82 – covering the requirements with regard to registration of occupied higher-risk buildings and obtaining and displaying a building assessment certificate for such a building.
- Sections 83 to 86 – covering duties with regard to assessing and managing building safety risks, the safety case report and its provision to the regulator.
- Sections 87, 88 and 90 Covering duties to report certain safety information, keeping prescribed information and documents for higher-risk buildings and for sharing that information and documents with various interested parties.
- Sections 91 to 94 – outlining the requirements in relation to a resident engagement strategy for a higher-risk building (HRB), requests by residents for further information or documents about their building, and the complaints procedures to be operated by the principal accountable person (and the building safety regulator).
- Sections 95 to 97 which outlines duties on residents and provide for contravention notices when those duties are breached and for access to residential units.
- Sections 98 to 101 – provides the requirements in relation to enforcement by the regulator.
- Section 102 – which creates the special measures regime.
- Section 111 – which makes provisions in relation to articles of associations of resident management companies.
Readers will note that sections 91 and 94 relate to the requirements in relation the resident engagement strategy, part of the “golden thread” of information. The HSE guidance outlines how Principal Accountable Person’s and those supporting them, should approach the Resident Engagement Strategy. A range of case studies is also available to help others gain insight on good practice in resident engagement. The guidance document sets out key considerations and principles to help the Building Safety Regulator, Principal Accountable Persons (PAPs) and Accountable Person (APs) engage effectively with residents and is available via the link below:
hse-engaging-with-residents.pdf (buildingsafetyhub.org.uk)
The HSE case studies to assist on the process of developing and implementing the strategy can be found on the Making Buildings Safer campaign website here:
Residents Engagement Strategy Case Studies (buildingsafety.campaign.gov.uk)
With regard to the development of building safety case reports, The Building Safety Regulator (BSR) has published a ‘Safety Case Toolkit’ guide for Accountable Persons (as defined under section 84) to assist them in preparing a safety case report. A safety case report must demonstrate that all reasonable steps have been taken to prevent building safety risks happening and reduce the seriousness if they do. Readers will be aware that the safety case report is a document that summarises the safety case for a high-rise residential building. It identifies the building’s safety risks and explains how the risks are being managed. Building safety risks are the risk of the spread of fire or structural failure. A safety case report should be submitted as soon as possible when:
- the building is already occupied or becomes occupied.
- you become the principal accountable person.
The deadline of the 1st of April 2024 means that every in-scope building will need to have a Safety Case and Safety Case Report.
The new guide gives examples of common situations that APs may find in existing buildings to help them decide what steps are reasonable to take to manage and mitigate risk. This document stipulates that this does not necessarily mean expensive and extensive work is needed but promotes a proportionate approach to the risk. Each example gives a flowchart that suggests short- and longer-term actions to manage/mitigate risk. The guide is designed so APs can refer to the particular situations that are relevant to them.
Download the guide here:
Safety case toolkit – Reasonable steps and practical examples (buildingsafety.campaign.gov.uk)
Looking ahead, on the 6th of April 2024, further regulations will bring into force various provisions of the Building Safety Act 2022. These Regulations will be the seventh commencement Regulations made under the Building Safety Act and key points to note include amending the Building Act 1984 (c. 55) (“the 1984 Act”), which will in particular provide for the transfer of approved inspectors to become registered building control approvers. This is achieved, in England, by commencing sections 43 of, and Schedule 4 to, the 2022 Act. The amendments to the 1984 Act made by the 2022 Act also provide for plans certificates, cancellation of initial notices and new initial notices. Transitional provisions will also ensure that existing approved inspectors can continue to operate and transitional provisions in relation to initial notices and approved inspectors which would continue to apply.
Should you wish to discuss building safety matters further, contact the specialist team at: [email protected]
