Construction firms must prepare for next wave of building safety reform

On 1 October 2023, the main provisions of the Building Safety Act 2022 came into force. As well as bringing with it significant changes to the building control process, new requirements for construction project ‘dutyholders’ were also introduced.

For projects where more than one contractor is involved, the building regulations now require the client to appoint a principal contractor and/or principal designer – and for those businesses to meet specified competence requirements. All parties – clients, contractors, and designers, including those who are not appointed principals – face statutory duties to take steps to ensure that buildings comply with the functional requirements of the building regulations. These requirements apply to all buildings.

The requirements are stiffer than before. If they have not already done so, construction companies should review their standard contracts and appointment procedures. They should also ensure that they are not relying solely on any existing checks they will be familiar with undertaking under the Construction Design and Management Regulations – those will not necessarily be sufficient to deliver compliance with the new requirements around competence checks.

A new regulatory ‘gateway’ system for progressing new ‘higher-risk’ building projects through the planning, construction, and occupation phases is also now in place. The Health and Safety Executive has taken on the role of building safety regulator, responsible for approving new higher-risk buildings at each of the three gateway stages of development. 

This new gateway regime comes at added risk and cost for contractors as change is required to accommodate its implementation. This should involve a careful review of contract terms and ensuring there is a plan in place for potential delays and costs – and associated claims – that may arise as a result.

In 2024, the building safety regime will evolve further. This includes overhaul of the building control profession. By 6 April 2024, approved inspectors will need to register as building control bodies to continue their work.

That date is also significant for ongoing higher-risk building projects where the project commenced prior to 1 October 2023 – transitional arrangements apply to individual higher-risk buildings in that instance.

The transitional arrangements provide for the building works to be completed under the current procedural rules using the current approved inspector, subject to four conditions being satisfied. One of those conditions is that the work must be “sufficiently progressed” by 6 April 2024.

For new higher-risk buildings, “sufficiently progressed” means the placement of permanent foundations has started. This means the pouring of concrete for the permanent placement of the trench, pad or raft foundations or the permanent placement of piling has begun. For building work to an existing higher-risk building or a material change of use, “sufficiently progressed” means that work has started.

Construction companies that want to avoid ongoing projects falling subject to the building safety regulator’s new building control process face a rush to meet this coming deadline.