Draft Building Safety Bill from - a client, contractor and building control perspective
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Draft Building Safety Bill from a client, contractor and building control perspective Providing an Industry of Opportunity
Quality
& Compliance
Introduction Richard Cymler
Regional Director, Ball & Berry
Corporate Approved Inspectors
CONSTRUCTING EXCELLENCE SW
April 2021
Why When Where
The potential implications The Draft Bill was published on 20th At the time of writing there is no It is noted the proposals are currently
of the Draft Building July 2020. It is the Government’s indication as to when the Draft Bill applicable to England, although the
Safety Bill are wide- legislative response to the Grenfell will be enacted, nor when each of the devolved Welsh Government have
Tower tragedy and the subsequent provisions of the Draft Bill will come welcomed the Draft Bill and have
ranging across both the
independent review of building into force. It is also noted that at the stated they will legislate for it to apply
construction and property regulations and fire safety conducted time of writing transitional provisions (with some amendments) to Wales.
management sectors. by Dame Judith Hackitt resulting have yet to be developed.
Of direct relevance to the building
This is one of a series of in the Building a Safer Future
The Draft Bill has initially been control sector is the establishment of
briefing notes produced publication on 17th May 2018.
subject to scrutiny by the Housing, the Building Safety Regulator (BSR),
by the Constructing Communities and Local Government proposals to amend the Building Act
Excellence Midlands Select Committee who reported 1984 (specifically providing a new
Quality & Compliance on 24th November 2020. The regime for ‘higher risk’ buildings in
group and focuses on the Draft Bill was broadly welcomed by both the design and construction
system of building control the scrutiny committee however phase) and requiring the registration
recommendations were made as to of all building inspectors at an
approval and certification
how the committee believes the Bill individual level in addition to building
from a client and could be improved i.e. leaseholders control approvers (currently known
contractor perspective. should not be left to cover the costs as Approved Inspectors).
of historical defects such as unsafe
cladding, the definition of ‘higher-
risk’ buildings to include buildings
occupied by vulnerable people and
the publication of a timetable for
commencement of the new regime.
The Government must now respond
to these recommendations before
proceeding with the Bill.
Grenfell Tower wrapped in banners in June 2018
Photo by Carcharoth, licensed under ShareAlike 4.0 International CC BY-SA 4.
1 Draft Building Safety Bill from a building control perspective Constructing Excellence South West 2Introduction continued
What
The Building Safety Regulator
1
Acting as the Building Control
2
Overseeing the performance of
3
Assisting and encouraging
Which (buildings)
In Scope Buildings
Part 2 of the Draft Bill establishes Authority for higher risk buildings Building Control Bodies (both competence across the industry. It is interesting to note the term
a new national Building Safety and overseeing and enforcing registered Building Control Establishing and setting strategic “high risk residential building” as
Regulator (BSR) which will sit the new regime in occupation for Approvers and Local Authorities) direction for the proposed referenced in the Hackitt Review has
within a new division of the higher risk buildings. Currently and advising on building standards. industry-led competence not been adopted in draft legislation.
Health & Safety Executive (HSE) an applicant can seek building Currently the Construction Industry committee. This is not specific to Instead the Secretary of State can
with this role already established regulation approval for building Council Approved Inspectors building control however – there prescribe ‘higher risk’ buildings to
in shadow form. work from either an Approved Register CICAIR oversee only will be competence standards which the more stringent gateway
Inspector or via the Local Authority. private sector building control required for building control in regime will apply. The buildings
Part 2 of the Draft Bill also defines
Under the proposed regime only bodies including being responsible respect of mandatory registration included in the currently proposed
the term ‘building safety risk’ as
the BSR can provide this approval for assessing and licensing of all practicing building inspectors definition are noted below, however
a risk to the safety of persons
for ‘higher risk’ buildings while Approved Inspectors both at as individuals (there is no current the draft legislation creates a power
in and about buildings due to
the BSR will in addition have initial registration stage and then requirement for registration of for the Secretary of State to amend
occurrence of a fire, structural
powers through the life of a ‘higher every five years with intermediate individuals) together with bodies definitions.
failure or any other prescribed
risk’ building. This includes the audits. CICAIR can also impose a known as Building Control
matter. A building which satisfies the height
requirement for the BSR to issue range sanctions against Approved Approvers (currently known as
condition and contains:
The Draft Bill allows the BSR to a Building Assurance Certificate Inspectors due to upheld Approved Inspectors and licensed
charge fees and recover costs prior to occupation which does complaints or poor performance by CICAIR as noted previously). • Two or more dwellings
from those it regulates under not currently exist in the current standards up to and including the Registration can be for all buildings (i.e. house, flat or serviced
Parts 2 & 4 of the Draft Bill which building control system. removal of the license to act as an or for specified building types only. apartment)
follows on from one of the Approved Inspector. The proposed
• Two or more rooms for
Hackitt Review recommendations regime moves the overseeing
residential purposes (e.g.
i.e. the BSR should be funded by role to the BSR and extends the
supported accommodation),
full cost recovery. role to overseeing public sector
or
building control within local
The Building Safety Regulator has
authorities with powers to place • Student accommodation.
three broad functions in respect
underperforming local authority
of building safety risk. A room for residential purposes
units in ‘special measures’. This
excludes rooms in a residential
role relates to the performance of
care home, secure residential
building control bodies in respect
accommodation (e.g. prisons,
of all building work and not just
detention centres) and temporary
‘higher risk’ buildings.
accommodation (e.g. hotel, hostel,
guest house, hospice, hospital)
– The height condition is satisfied
with the floor surface of the top
storey being more than 18m
above ground (excluding any
storey consisting only of plant or
machinery) OR a building that
contains more than 6 storeys.
(ignoring any basement storeys).
3 Draft Building Safety Bill from a building control perspective Constructing Excellence South West 4Introduction continued
How Gateway 1 Current Proposed
Gateway Points A comparison of current and Planning stage – no current Proposed Planning Gateway 1 It is also worth noting that punitive
The proposal is that that Gateway proposed systems follows. requirements in respect of A fire statement to be submitted to the BSR sanctions can be imposed for even
Points are applicable to higher risk considering structural and fire is a Statutory Consultee. procedural contraventions of the
buildings. safety matters. regulations (i.e. commencing work
or occupying a building without
In terms of the process for obtaining
Commencement stage – the Proposed Gateway 2 approval from the BSR even if no risk
building regulations approval and
current requirement is to submit an is a ‘Hard Stop’ with approval by the BSR required prior to is identified).
building ‘sign-off’ (Final Certificates)
Initial Notice at least five days prior commencing work (i.e. relevant to building safety risk fire,
this element of the Draft Bill is of The Draft Billl proposes sanctions of
to commencing or a Building Notice structural failure and any other prescribed matter).
significance to the wider construction imprisonment for up to 12 months
or Full Plans Application at least 48
sector as in addition to the power on summary convictions or up to two
hours prior to works commencing
to approve and ‘sign-off’ higher years indictment, or a fine, or both
(there is no legal requirement for
risk buildings being transferred for failing to comply with stop notices
proposals to be approved prior to
to the BSR the proposed system and compliance notices. The same
commencing work).
requires demonstration of safe level of sanctions can be imposed for
designs prior to commencing work providing misleading information to
Completion stage – current Proposed Gateway 3
and of completed buildings being the BSR.
requirement is to notify the Building Final Certificate required from BSR with the requirement to
constructed in accordance with
Control Body prior to occupation demonstrate that works comply with building regulations and Fines can also be imposed for
approved designs rather than the
or completion. Occupied buildings a requirement to provide as built drawings and information obstructing an authorised officer
current system of depositing Initial
then come under the jurisdiction of on how any relevant fire safety systems should be operated of the BSR or impersonating an
Notices or applications for approval to
the Fire Authority via the Regulatory and maintained (The Golden Thread). All higher risk occupied authorised officer of the BSR.
the local authority and then notifying
Reform (Fire Safety) Order 2005 buildings both new and existing then require a Building
Building Control Bodies of occupation It is also worth noting there is
although for dwellings / apartments Assurance Certificate from BSR.
and/or completion. It is proposed an increase of time-limits for
this is limited to common and
that these responsibilities are aligned This contrasts with the current Regulation 38 Fire Safety enforcement of non-compliance with
landlord areas. The local authority
with the Construction (Design & Information which states the following, however is not a building regulations (s35/s36 of the
does have powers under the
Management) Regulations 2015, prerequisite prior to occupation of a building: Building Act 1984) from two years to
Housing Act 2004, however fire is
notably the principal designer and ten years in respect of prosecutions
one of 29 hazards to be considered. (2) The person carrying out the work shall give fire safety
the principal contractor roles. for contravention of the Regulations
There is no requirement for any information to the responsible person not later than the date
and from one year to ten years in
approval or certificate from an of completion of the work, or the date of occupation of the
respect of the requirement to correct
Approved Inspector, local authority building or extension, whichever is the earlier.
non-compliant work.
or fire authority prior to occupation.
(3) In this regulation—
( a)“fire safety information” means information relating to the
design and construction of the building or extension, and the
services, fittings and equipment provided in or in connection
with the building or extension which will assist the responsible
person to operate and maintain the building or extension with
reasonable safety;
5 Draft Building Safety Bill from a building control perspective Constructing Excellence South West 6What you need to know from Julie Bell-Barker
Head of Construction Project and Works
a Client’s perspective
City of Wolverhampton Council
April 2021
Client duties
Pre-Construction & Construction – Full Plans, as defined under the Ensure appropriate handover of Post-Handover (if Owner) –
Building Regulations 2010; information takes place between key Accountable Person
Make suitable arrangements for
duty holders;
managing building work to deliver Construction Control Plan,
– Registering the building with the BSR
compliance with building regulations, describing how building safety and Ensure that the regulatory requirements and apply for a Building Assurance
including allocating sufficient time Building Regulations compliance of the building regulations are met, Certificate (BAC).
and resource. will be maintained during the including the requirements specific
nsuring the most recent issue of the
E
construction phase, the framework to buildings in scope;
Appoint a Principal Designer and BAC is displayed prominently in the
for mandatory occurrence reporting,
Principal Contractor in accordance Develop and maintain a golden building.
how information will be collated and
with CDM requirements, if there is thread of information that will enable
managed to develop the golden Appointing the Building Safety
more than one contractor working building safety information to be
thread, how competence of those Manager (BSM) who must have the
on the building project. available to other duty holders,
appointed to work on the project will “organisational capability and relevant
during design and construction,
Take reasonable steps to ensure that be assured, and how change will be skills, knowledge, experience and
to the Building Safety Regulator and
those they appoint comply with their controlled and recorded; behaviours” – and informing the BSR
later to the Accountable Person;
responsibilities in relation to building of this appointment.
Fire and Emergency File, which
–
safety. Establish reporting processes to
builds upon the fire statement An ongoing duty to assess the
support a mandatory occurrence
At Gateway two the client will be produced at Planning Gateway one building’s safety risks and to take
reporting regime;
required to submit key information (where produced) and sets out the reasonable steps to prevent, control
to the Building Safety Regulator key building safety information; At Gateway three, the Client, Principal the impact of a major incident.
demonstrating how they are Designer and Principal Contractor
A signed declaration that they
– Produce and maintain a Residents’
complying with building regulations will be required to produce and co-
are content the Principal Designer Engagement Strategy, which
and demonstrating that they are sign a final declaration confirming
and Principal Contractor have will include information about
managing building safety risks. that to the best of their knowledge
the necessary skills, knowledge, where residents can access safety
Key information will include: the building complies with building
experiences and behaviours, with information and a complaints process.
regulations.
evidence of their assessment
Maintaining a Safety Case Report
process;
(see below) to demonstrate
The relevant key dataset (See
– compliance with this ongoing duty.
paragraphs 47-49 on Golden Thread)
and other supporting documentation Client Opportunities
that will help the Building Safety
Regulator determine whether the Reduced risk to life (safer buildings)
application meets the building Reduced risk to buildings
regulations requirements and that
the duty holder has sufficiently Better quality-built buildings
demonstrated that they will manage
building safety risks. Client Challenges
A developer may wish to start
– Potential project programme increases
occupation of the building (pre-construction/construction)
before building work is complete.
Potential increased costs,
Developers should submit plans
construction/professional services
for partial occupation as part of the
‘full plans’ application submitted at Potential impacts to contract types
Gateway two. (e.g. D&B etc)
7 Draft Building Safety Bill from a building control perspective Constructing Excellence South West 8What you need to know from Steve Green
Frameworks
a Principal Contractor’s perspective
Bowmer + Kirkland
April 2021
Principal Contractor duties
Pre-Construction & Construction Principal Contractor Opportunities Principal Contractor Challenges
Plan, manage and monitor the reater opportunity for Early
G Fewer D&B projects due to the
construction phase and coordinate Contractor Involvement (ECI) greater need for upfront design
matters to ensure that the building
Reduced risk to life (safer buildings) Involvement in preparing
project complies with building
Construction Control Plan – new
regulations Better quality buildings
territory?
Ensure cooperation between Reduced defects during construction,
elayed project starts due to
D
Contractors, Client and the Principal at handover and latent defects cost
Gateway two requirements having to
Designer of poor quality work (circa £115k on
be satisfied prior to commencement
average in-scope project)
Liaise with Principal Designer and share
ontractual obligation to satisfy
C
information relevant to the planning Driven to adopt BIM level 2 and
Building Safety Regulator?
management and monitoring of the COBie
pre-construction phase Both demonstrating their own
Better records of both works carried
competence whilst testing and
Take reasonable steps to ensure out and changes made and approved
confirming competence of those they
contractors are meeting their core
appoint
duties
PI issues for cover the production and
ssist the client in meeting the
A
co-signature of the final declaration of
requirements of the building
compliance with Building Regulations
regulations, including those specific
to buildings in scope elayed handovers due to Gateway
D
three requirements having to be
Assist the Client and Principal
satisfied prior to handover
Designer in developing and maintain
the golden thread through the More areas for disputes with the
construction process parties involved
Contribute to handover of golden Less opportunity for Value Engineering
thread to the Accountable Person, (= profit?) on structural and fire
including relevant information elements
provided as part of gateways
t Gateway three, the Client, Principal
A
Designer and Principal Contractor
will be required to produce and co-
sign a final declaration confirming
that to the best of their knowledge
the building complies with building
regulations
9 Draft Building Safety Bill from a building control perspective Constructing Excellence South West 10Disclaimer
This publication is for information purposes only and does not constitute
advice including legal advice. It is recommended that specific professional
advice is sought through your professional advisor before acting on any of
the information or opinion given. The views and opinions expressed in this
publication are those of the relevant authors and do not necessarily reflect the
views and opinions of Constructing Excellence Midlands nor the other authors.
For more information Copyright
contact us at: Copyright in all and every part of this publication rests with Richard Cymler,
Julie Bell-Barker, Steve Green and Constructing Excellence Midlands, and all
admin@constructingexcellencesw.org.uk rights are reserved. Save by prior consent of the authors, no part or parts of
www.constructingexcellencesw.org.uk this publication may be reproduced in any form or by any means electronic or
mechanical, including photocopying, recording or any information storage or
retrieval system now known or to be devised.
Copyright © Constructing Excellence Midlands. v1 - 09.04.21
Richard Cymler Julie Bell-Barker Steve Green
Ball & Berry Approved Inspectors Wolverhampton City Council Bowmer + Kirkland
The potential implications of the
Draft Building Safety Bill are wide-
ranging across both the construction
and property management sectors.
This is one of a series of briefing notes
produced by the Constructing Excellence
Midlands Quality & Compliance group
and focuses on the system of building
control approval and certification from
a client and contractor perspective.
11 Draft
Design: Building Safety Bill from a building control perspective
Walker/JansseuneYou can also read
