Compliance guide sets out client duties under building safety law
A coalition of construction industry organisations has published new guidance to help clients understand their legal responsibilities under the Building Safety Act and encourage compliance across all projects.
The Building Engineering Services Association (BESA) produced the Clients’ Guide to the Building Safety Act with support from eight organisations and backing from the Building Safety Regulator’s Industry Competence Committee (ICC).
The guide responds to concerns that some clients continue to prioritise cost and delivery speed while failing to meet their legislative duties under the Act, which has been in force since 2022.
It is supported by Constructing Excellence, the Chartered Institute of Building (CIOB), the Construction Clients’ Leadership Group (CCLG), Cast Consultancy, SFG20, the Industry Competence Steering Group, Ackroyd Lowrie and the Safety & Health Engineering Partnership (SHEP).
It explains that the building safety regime applies to all buildings and is not limited to higher-risk or high-rise residential developments.
The document defines the client role, outlines legal duties and describes how compliance must be maintained throughout a project.
It also explains the consequences of failing to meet legal requirements and includes information on processes specific to higher-risk buildings and further resources.
The guidance presents complex legislation in plain English to reduce misunderstanding and support informed procurement decisions.
Jon Vanstone, chair of the Industry Competence Committee (ICC), said: “The Building Safety Act places clear legal duties on clients.
“They set the tone for projects through their procurement decisions, appointments and allocation of resources.
“If those duties are taken seriously and supported by competent appointments and informed oversight, the quality and safety of outcomes will improve.
“If they are not, no amount of downstream control can fully compensate.
“Guidance that helps clients understand both their statutory responsibilities and the practical implications of those responsibilities is therefore welcome, particularly where it aligns with the Regulator’s Principles for Informed Clients and supports consistent cross-industry understanding.”
Guidance aims to support informed procurement and reduce project risks
BESA director of specialist knowledge Rachel Davidson said the guidance was designed to help clients make safer procurement decisions and maintain compliance with legal requirements.
“This is a practical guide designed to help clients navigate the building safety process,” Davidson said.
“It is intended to educate not intimidate by explaining what good looks like so clients can make better, safer procurement decisions that also make sense for their businesses”.
“By following the information in the guide, they can reduce project risks and avoid costly mistakes which lead to expensive delays and re-designs.”
Davidson added that the guide would also help contractors explain legislative requirements and give them confidence to challenge procurement decisions that could affect safety and quality.
“Contractors are duty bound under the legislation to refuse to start work unless they are satisfied that the client is fully aware of their responsibilities.”
Lilly Gallafent, CEO of the Real Estate consultancy Cast, said the guide reinforced the need for clients to take responsibility for long-term building safety outcomes.
“Change needs to start with clients,” Gallafent said.
“Whilst many already do, clients all need to recognise that they have the power to drive a new culture through their supply chains, but they need to be willing to allocate risk fairly and focus on how their decisions will affect the operational life of their buildings.
“Pushing hard for cost savings at the start of a project can, when not managed appropriately, end up being very expensive in the long run and risk needs to be properly assessed and not just pushed down the supply chain.
“This excellent guide reminds us that this is a once in a generation opportunity to bring about meaningful and lasting change to construction procurement for the benefit of the industry and all building users.”
The Chartered Institute of Building (CIOB) also welcomed the publication and said it would help clients understand their legal obligations under the Act.
Head of client development Linda Stevens said: “The Building Safety Act places responsibilities on both clients and their contractors, and we hear that for many clients it can be a struggle to get to grips with exactly what they are required by law to do.
“Our own Client Guide includes information on building safety amongst other important subjects, and we very much welcome this additional resource from BESA which can help clients in their understanding of what can be complex legislation.
“It can only be through everyone conforming to the Building Safety Act that we will ensure the built environment is safe for every community.”
The guide is available for free download and will be discussed at a building safety briefing event at the Palace of Westminster on May 5.