24 Oct 2023

Building Safety Act (BSA) Update

On the 1 October, the Building Safety Regulator (BSR) became the Building Control Authority for all higher-risk buildings (HRBs) in England. This means that developers will no longer be able to choose the building control body they use for building new residential buildings that are over 18-metres or 7 storeys and hospitals and care homes that meet the same height threshold. Developers must also apply to BSR for building control approval before starting building work on any projects involving HRBs. Whilst those undertaking works on HRB's will have additional duties placed on them by the BSR, the Building Safety Act applies to all building work needing either a Building Notice or the deposit of full plans. Competence requirements will mirror the requirements of CDM and apply to all building work, not just the additional measures acquired for higher-risk buildings.

Section 35 of the act provides for regulations on the competence of those undertaking design and construction work. It requires duty holders to have building safety competencies (skills, knowledge, experience, and behaviours), including the organisational capability they need to carry out their roles. In practice, those who are confident that they are already competent and comply with Building Regulations should not have a major problem complying with the BSA and adapting to the changes. NFRC recommends that you start applying the principles set out within the Act, such as logging your continued professional development (CPD) and retaining accurate and reliable documented information for the building information management, should put you in a good position to adapt your procedures for future BSA compliance.

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