AEI Cables says early partnering is key to solving legislation challenges

by Featured NewsHealth and Safety

Early collaboration between project partners is an important first step to achieving smooth project completion under new legislation, says cable supplier AEI Cables.

The new Building Safety Act – introduced in October 2023 – makes new stringent requirements for higher-risk buildings which are those deemed to be of at least 18 metres in height or at least seven storeys containing at least two residential units.

The systems in these buildings powered by electrical cables – including smoke and heat extraction systems – assist fire services in firefighting and a safe evacuation in the case of life safety.

AEI Cables General Manager’s statement

Stuart Dover, General Manager of AEI Cables, said: “We recognise the issues presented by the new legislation for all those working in the built environment but by working closely together early in the process we believe we can overcome a lot of the challenges.

“We are finding that collaboration amongst our partners really works and leads to a much more streamlined, efficient process.”

The Building Safety Regulator’s role

The Building Safety Regulator will oversee the safety and performance of all buildings, as well as having a special focus on high-rise buildings. It will promote competence and organisational capability within the sector including for building control professionals and tradespeople.

Building owners should now have their building safety regime in place and any occupied higher-risk buildings should be registered with the Building Safety Regulator.

AEI Cables discuss importance of early collaboration due to new legislation: Summary

Thanks to the Building Safety Act and their tight new rules regarding higher-risk buildings, AEI have mapped out a plan they believe will combat any legislative issues.

Stuart Dover of AEI stated that by promoting collaboration amongst partnerships, a smoother process is ensured.

Awareness of Building Safety Act rises among building services professionals

by Building ManagementFeatured NewsResearchSafety

Awareness of Building Safety Act increases across building services sector

Research commissioned by the Building Engineering Services Association (BESA) highlights increasing awareness of the Building Safety Act and its implications across the building services sector.

According to the survey, conducted by AMA Research for BESA, 88% of respondents demonstrated some awareness of the Act, with nearly one-third reporting they were “fully aware.”

BESA members showed higher awareness levels compared to the broader industry, although understanding of roles and responsibilities under the legislation varied depending on building and project type.

The Building Safety Act, introduced in 2022, aims to enhance compliance and accountability across the construction sector.

However, the survey found only 9% of respondents reported making significant changes to align with the legislation.

Mixed impact of legislation on businesses

The research revealed a diverse range of perspectives on the Act’s impact.

While 65% of respondents stated the legislation had been “neither a positive nor a negative factor,” 27% described its effect as positive, and 9% reported negative consequences.

Contractors highlighted compliance challenges and the need for further collaboration with the Building Safety Regulator to meet legislative requirements.

Many organisations also identified a lack of training as a key obstacle to embedding the changes necessary for improving safety standards.

Awareness higher in large firms and high-rise projects

The survey noted higher awareness levels among professionals working on high-rise buildings, new construction projects, and major refurbishments.

Larger firms, in terms of turnover and workforce size, were more likely to demonstrate understanding of the Act compared to smaller organisations.

Rachel Davidson, director of specialist knowledge at BESA, commented: “There is a general perception that the legislation is having a positive impact by driving culture change.

“However, the pace of change is too slow, and there is much work to be done to shift the industry’s focus from speed and cost to quality.”

Training gaps and cultural shifts remain key challenges

BESA emphasised the importance of industry-wide cultural shifts and access to appropriate training.

Davidson highlighted efforts by some firms to use the Act as a framework for improving employee competencies but noted these practices were not widespread.

BESA’s chief executive officer, David Frise, underscored the importance of quality and competence within the sector.

He said: “Changing the mindset of a whole industry to focus on quality rather than price, and ensuring everyone understands their role and responsibilities under the Act, is the only way forward.”

Awareness of Building Safety Act rises among building services professionals: Summary

A BESA-commissioned survey conducted by AMA Research revealed that 88% of respondents in the building services sector are aware of the Building Safety Act, with higher awareness reported among BESA members.

However, understanding of the Act’s requirements varies significantly by project type and company size.

While 65% of contractors reported the Act had a neutral impact, 27% saw positive outcomes, and 9% noted negative effects.

Challenges include compliance, training gaps, and the slow pace of cultural change within the sector.

The findings also highlighted disparities in awareness, with professionals in large organisations and those working on high-rise projects being more informed about the Act.

Industry leaders emphasised the need for quality-focused practices and increased training to meet legislative requirements effectively.

UK building services organisations to enhance joint efforts for net zero and building safety

by Building ManagementConstructionSafety

BESA and CIBSE to focus on net zero and Building Safety Act

Two of the UK’s main building services engineering organisations, the Building Engineering Services Association (BESA) and the Chartered Institution of Building Services Engineers (CIBSE), have agreed to collaborate more closely on key initiatives.

These initiatives include advancing the push for net zero in the built environment and ensuring the delivery of the Building Safety Act, as reported by BESA.

The organisations have a longstanding history of collaboration but believe that the current demands for decarbonisation and healthcare improvements necessitate a more integrated approach.

CIBSE chief executive Ruth Carter stated: “Talking about collaboration is one thing – doing it quite another.”

She emphasised the importance of aligned supply chains and integrated design to meet increasing client demands and legislative requirements.

Joint projects and events to drive industry progress

BESA and CIBSE have outlined a series of joint projects aimed at advancing building services engineering for societal benefit.

They will support each other’s key events, including national conferences, seminars, and awards, while continuing their collaboration on technical guidance.

The focus will be on the Building Safety Act, indoor air quality (IAQ), retrofitting and refurbishment to promote decarbonisation, and the growth in heat networks.

Additionally, they will explore the implications of artificial intelligence (AI) for the industry.

David Frise, BESA’s chief executive officer, highlighted the necessity of a unified approach: “The sheer scale of the technical, legislative, and recruitment challenges now facing the industry calls for a properly concerted and joined-up approach on behalf of the whole sector.”

Celebrating new leadership and historical ties

David Frise also congratulated Fiona Cousins on her election as the new CIBSE President and welcomed her focus on “reimagining building performance.” He noted that this perspective is crucial for addressing embodied and operational carbon, as well as social and wellbeing issues linked to building quality.

BESA and CIBSE have a relationship dating back to the founding of BESA in 1904 by engineers who were members of the Institution of Heating and Ventilating Engineers, which later became CIBSE in 1976.

Historically, BESA represented engineering contractors, while CIBSE supported individual engineers, many of whom worked for contracting firms.

Joint training and awareness initiatives

The success of CIBSE’s Building Safety Act awareness training and BESA’s efforts to explain the operational details of the legislation has led to plans for joint sessions at upcoming events.

These include the BESA National Conference on October 17 and CIBSE’s Build2Perform Live event on November 13-14.

Both organisations have active IAQ groups and have produced guides to improve building ventilation standards.

This collaboration has enhanced training requirements and strengthened links to the healthcare sector, addressing the impact of poor air quality on respiratory and cardiovascular health.

BESA recently revamped its young engineers’ group, NextGen Network, to foster closer ties with CIBSE’s Young Engineers’ Network (YEN), giving emerging engineers a stronger collective voice.

BESA is also supporting this year’s CIBSE Young Engineers’ Awards and is a long-standing member of the CIBSE Patrons group, which supports recruitment and promotion of young engineers.

UK Government wins building safety case against freeholder owned by railway pension fund; Grey GR issues statement

by Featured NewsSafety

UPDATED: This article was updated to include a statement from Grey GR.

Court rules in favour of government in building safety case

The Department for Levelling Up, Housing and Communities has won a landmark legal challenge against freeholder Grey GR, forcing it to address serious safety issues at Vista Tower in Stevenage.

The legal action, initiated by the Government in October 2022, followed significant delays in addressing multiple fire safety concerns identified in 2019.

Grey GR, owned by Railpen, a scheme managing £34bn in assets, must comply with a Remediation Order to fix the safety issues within a mandated timeframe.

This judgment marks the first use of powers under the Building Safety Act by the Government to enforce building safety.

Leaseholders gain assurance through court ruling

The Court’s decision provides assurance to Vista Tower residents that their homes will be made safe without further delay.

Levelling Up Secretary Michael Gove stated: “Leaseholders have lived with uncertainty for far too long while Grey GR delayed essential works to make homes safe.

“This decision is a victory for leaseholders in Vista Tower and across the country.”

Gove also expressed disappointment with Railpen, saying: “It is hugely disappointing that Railpen… has kept leaseholders in limbo in this way.

“Railway workers with their pensions invested in this fund, as well as innocent leaseholders, deserve better.”

Impact of the ruling on future cases

The ruling serves as a warning to other building owners about the consequences of failing to address safety issues.

Gove added: “This court case should serve as a warning to all building owners.

“If you fail to fix your unsafe buildings and ensure the safety of residents, we will see you in court.

“We will not stop until we secure justice for leaseholders.”

Vista Tower leaseholder Sophie Bichener welcomed the decision, stating: “This gives leaseholders the reassurance we deserve and is the closest we have been to regaining our freedom after what has been an extremely difficult few years.”

Government’s continued efforts to enforce building safety

The Government is also pursuing remediation orders for five additional Grey GR buildings.

One such building, The Chocolate Box in Bournemouth, has already seen the commencement of remediation works following government action.

Additionally, the Government has secured four remediation orders against freeholder Wallace Estates, benefiting around 400 leaseholders.

Councils, fire and rescue services, and the Building Safety Regulator have enforcement powers under the Building Safety Act to ensure building owners comply with their obligations.

Grey GR addresses government ruling on building safety

Following a court ruling in favour of the Department for Levelling Up, Housing and Communities, Grey GR has reiterated its dedication to ensuring the safety of residents in its properties.

The legal challenge, initiated by the government, mandates Grey GR to address safety issues at Vista Tower in Stevenage.

A spokesperson from Grey GR stated: “The safety of residents has been and remains Grey GR’s utmost priority.

“We have always been fully committed to remediating the buildings for which we are responsible, including Vista Tower, where we have made considerable progress remediating.”

Court acknowledges ongoing remediation efforts

Grey GR highlighted that the tribunal recognized its ongoing efforts to remediate Vista Tower. The spokesperson noted: “The Department of Levelling Up Housing and Communities (DLUHC) accepted that Grey was committed to remediating Vista Tower. The tribunal’s judgement issued a Remediation Order solely to provide an additional ‘backstop to give reassurance’ to leaseholders.”

The tribunal also clarified that this order was “not a fault-based order” and would not alter the timeline for the completion of the agreed remediation works. Grey GR has committed to completing all works by Autumn 2025.

Addressing delays and funding challenges

Grey GR addressed the criticisms regarding delays in the remediation process.

The spokesperson explained: “Internal works throughout the building were completed in 2023, and the extensive remedial work to the external façade began early this year. We remain optimistic that we will finish all works by our provisional completion date of Autumn 2025.”

The tribunal acknowledged that delays were partly due to Grey GR following the government’s complex guidance and advice on assessing the fire safety of Vista Tower.

The spokesperson continued: “Criticism of delays caused by Grey’s application to Building Safety Fund funding was ‘misplaced’, as Grey followed the government’s own complex guidance and advice.”

Grey GR’s call for improved government collaboration

Grey GR called for better collaboration with the government to expedite the remediation process.

The spokesperson said: “We have faced numerous delays during the remediation process in our attempts to seek the clarity needed from DLUHC to proceed at pace with remediation.

“We have engaged extensively with the government throughout where it has been possible to do so, but have been met with slow – and in some cases no – responses to our enquiries, constantly changing deadlines and requirements, and a frequent moving of goalposts.”

Grey GR expressed its hope to move forward and continue to be part of the solution: “Following the decision, we hope we can move forward and continue to be a part of the solution to an issue that was not of our making and provide leaseholders with safer homes.”

IFSJ comment

This landmark case, the first under the Building Safety Act, sets a precedent for future enforcement actions, aiming to safeguard residents’ lives and ensure compliance from building owners.

The recent ruling in favour of the government marks a crucial development in the enforcement of building safety standards.

By leveraging powers under the Building Safety Act, the government has demonstrated its commitment to ensuring that freeholders like Grey GR address safety concerns promptly.

The court’s decision not only reassures residents of Vista Tower but also sets a precedent for other building owners, highlighting the legal consequences of failing to meet safety obligations.

As Grey GR has acknowledged the tribunal’s ruling and reiterated its commitment to safety, the case underscores the complexities involved in navigating regulatory frameworks and securing the necessary funding for remediation.

The Building Safety Act aims to address longstanding issues in construction, says LABC chief

by ConstructionFeatured NewsSafety

Overview of the Building Safety Act

The Building Safety Act is poised to fundamentally change the construction industry’s approach to safety and culture.

As reported by the Building Engineering Services Association (BESA), Lorna Stimpson, CEO of Local Authority Building Control (LABC) in England and Wales, described the act’s impact as unprecedented in its scale during a BESA podcast.

She emphasised that the act targets various critical aspects to correct persistent issues in the construction sector.

Cultural change and industry responsibilities

According to Stimpson, the Building Safety Act centres on cultural shifts within the construction industry, which are crucial yet challenging to measure.

“It’s about people doing the right thing for the right reasons and putting safety first,” Stimpson said: “There will be hard times coming for the whole industry, but we’ve got to be better.”

She highlighted the industry’s role in redefining competence and standards, suggesting that real competence extends beyond theoretical knowledge to include practical experience and behavioural integrity.

Enhanced accountability and upcoming deadlines

Stimpson further outlined that the act demands better documentation of standard practices, which should not be seen as an additional burden but as a verification of due diligence.

The government has recently extended deadlines for building control officers in England and Wales to register with the building safety regulator, in response to a request from Stimpson, reflecting the act’s immediate administrative impacts.

She also stressed the importance of ongoing education and adaptation within the profession to keep up with continual innovations in construction materials and methods.

Comments on the Building Safety Act

Stimpson concluded her discussion by noting the need for increased recruitment into the building control profession, acknowledging its ageing workforce and the necessity of training new entrants to sustain and support the act’s long-term objectives.

IFSJ Comment

The introduction of the Building Safety Act was a critical step towards rectifying long-standing safety and ethical practices within the construction industry.

By focusing on cultural change, enhancing accountability, and broadening the definitions of competence, the act provides a framework for more responsible construction practices.

As the industry adapts to these changes, the act’s emphasis on integrity and continuous improvement will likely influence the overall quality and safety of building projects, contributing positively to the industry’s future.

New standards in construction industry as Building Safety Act 2022 transition ends

by Featured NewsSafety

Conclusion of the Building Safety Act’s transitional period

The transitional period for the Building Safety Act 2022 concluded on April 6th, introducing a significant shift towards more stringent safety measures in the construction and management of high-rise buildings.

This development is poised to bring about a new era in the construction industry, focusing on risk assessment, responsibility, and transparency.

James Cannon, CRO of Zutec, a leading construction software specialist, shared his insights on the implications of this milestone for the industry and the anticipated path forward.

Industry response to the Building Safety Act’s new regulations

James Cannon expressed the importance of this transition: “The end of the Building Safety Act 2022 (BSA) HRB transition period marks a new era in safety for more risk-assessed, responsible, and transparent construction and management of high-rise buildings.”

He stressed that the conclusion of this period sends a clear message from the building safety regulator to property owners and developers about the serious enforcement of the new safety standards.

Cannon highlighted the crucial role of digital building information management software in complying with these regulations, noting that such solutions are now more accessible and user-friendly than ever before.

Challenges and opportunities in digitalisation and regulation compliance

Cannon further noted: “The good news is many operating in this space have paid it forward, embracing digitalisation to stay in line with the regulation, with big-name players leading the charge in bringing information together to meet regulatory requirements.”

Despite the progress, he acknowledged ongoing concerns regarding the effectiveness of these regulatory measures.

The industry, along with the Building Safety Regulator and Government, must collaborate closely to refine digital information requirements and ensure regulations are effectively enforced.

This cooperative approach is essential for mitigating risks and training competent personnel to manage the safety of new and existing buildings.

IFSJ Comment

The conclusion of the Building Safety Act 2022 transition period is a crucial milestone for the construction industry, ushering in stricter safety measures and regulations for high-rise buildings.

This shift towards increased transparency, responsibility, and the use of digital solutions for safety management reflects the industry’s commitment to improving standards and ensuring a safer built environment.

However, the journey does not end here; it requires continuous collaboration between the industry, regulators, and the government to address challenges and leverage opportunities for enhancement.

By fostering a culture of learning and adaptation, the construction sector can better meet these new requirements, ensuring the safety and wellbeing of all stakeholders involved.

Law Society releases comprehensive guide on Building Safety Act for conveyancers

by Building ManagementFeatured NewsSafety

Understanding the Building Safety Act 2022 for conveyancers

The Law Society has published a detailed guide aimed at assisting conveyancers in navigating the complexities of the Building Safety Act 2022 (BSA 2022).

This guide is particularly designed for those dealing with residential leasehold conveyancing matters, focusing on transactions involving sellers, buyers, and lenders.

The BSA 2022, known for its complexity, introduces new challenges in residential leasehold transactions, necessitating a thorough understanding of the current legislation and its ongoing amendments.

Key aspects of the new conveyancing guide

The guide offers a broad overview of the BSA 2022, including who is responsible for the costs of remediation in tall buildings with fire safety issues, general criteria for handling BSA 2022 matters, and advice for advising sellers, buyers, and lenders.

It aims to provide conveyancers with high-level advice on handling cases related to the BSA 2022, without delving into the roles of landlords, developers, or contractors involved in external wall system installations.

Legislative changes and their impact on conveyancing

Since its introduction, the BSA 2022 has undergone several amendments to clarify the responsibilities and protect leaseholders from the financial burden of remediation costs.

Notably, the UK Finance Handbook has been updated to specify that its general requirements only apply to properties in a ‘relevant building’.

Additionally, changes have allowed leases enfranchised after 14 February 2022 to benefit from leaseholder protections.

These amendments, along with expected future legislative changes and the development of case law, are crucial for conveyancers to understand and apply in their practice.

Collaboration with the Department for Levelling Up, Housing and Communities

The guide has been developed in collaboration with the Department for Levelling Up, Housing and Communities (DLUHC), featuring supplementary FAQs and illustrations to aid solicitors in practical scenarios.

This collaborative effort reflects the Law Society’s commitment to providing its members with relevant and practical resources in the ever-evolving landscape of building safety legislation.

IFSJ Comment

The introduction of the Building Safety Act 2022 guide by The Law Society is a timely resource for conveyancers, offering clarity and direction in a complex legal area.

This guide underscores the evolving nature of building safety legislation and the importance of staying informed about legal responsibilities and protections for leaseholders.

As the industry continues to navigate these changes, the guide serves as a valuable tool for professionals in ensuring informed decisions and legal compliance in conveyancing matters related to building safety.

Understanding the role of the Principal Designer in the Building Safety Act

by Building ManagementFeatured News

The introduction of the principal designer role

The recent modifications to the Building Safety Act have introduced significant changes to the role of architects in the UK construction industry.

As per a recent article published by RIBA, Paul Jolly, Technical Director at HKA, analyses the evolving role of architects as Principal Designers under the new regulatory regime​​.

This change is pivotal, given the government’s intention to implement the Building Safety Act 2022, mandating the appointment of two principal duty holders – the Principal Designer and the Principal Contractor – for projects requiring a new Building Regulations application​​.

Key differences in duties

The role of the Principal Designer has evolved from the earlier Construction (Design and Management) Regulations 2015.

Under CDM, the Principal Designer’s primary duty was to manage the pre-construction phase with a focus on health and safety.

The Building Regulations now require the Principal Designer to oversee the design work during the design phase, ensuring compliance with all relevant requirements, from structural integrity to fire safety​​.

This change is in line with Dame Judith Hackitt’s recommendations for stronger accountability in the construction industry​​.

Increasing responsibilities and opportunities

The RIBA considers this regulatory change as an opportunity for architects to reassert control over the design phase.

However, there’s a concern whether architects are prepared to assume these added responsibilities.

Historical trends show limited uptake of similar roles by architects, with a recent HSE research report indicating only 18% of RIBA members taking up the CDM Principal Designer role​​.

Legal and operational implications

The government’s stance is to have both Principal Designer roles under CDM and Building Regulations performed by the same entity to avoid confusion.

Architects must be fully aware of their duties and wider obligations before accepting these roles​​.

Furthermore, larger, multi-disciplinary firms may find it more viable to undertake complex projects due to their broad spectrum of in-house specialist design knowledge​​.

Insurance and professional standards

The current market conditions pose significant challenges in obtaining appropriate professional indemnity insurance cover.

The government’s amendments require designers to take ‘all reasonable steps’ for compliance, a softer stance than the initially proposed strict liabilities​​.

To support architects, the RIBA has launched a Principal Designer Register, encouraging faster uptake of these roles by architects​​.

Related industry perspectives

Additional insights from the Project Safety Journal reveal the expected structure of duty holders under the new regulations, emphasising the importance of the Principal Designer in managing the design phase and ensuring compliance with the Building Regulations​​.

The competencies required for this role include a deep understanding of the legislative framework, management of design work compliance, and critical assessment skills to ensure the success of design work​​.

IFSJ Comment

The introduction of the Principal Designer role under the Building Safety Act marks a significant shift in the UK construction industry’s approach to building safety and compliance.

It represents a strategic move to centralise responsibility and enhance accountability in design and construction processes.

The role’s focus on compliance, collaboration, and competence underscores a systemic change, aiming for higher standards in building safety.

This development holds potential for architects to reassert their pivotal role in the construction process, but also presents challenges in terms of readiness and adaptation to new responsibilities.

The industry’s response to these changes will be crucial in shaping the future of building safety in the UK.

About the Building Safety Act

The Building Safety Act 2022 is a comprehensive piece of legislation in the UK that aims to improve building safety standards, particularly following the Grenfell Tower tragedy.

It introduces new regulatory frameworks and roles, such as the Principal Designer, to ensure greater accountability and safety in building design and construction.

The Act represents a significant overhaul of building safety regulations, reflecting the government’s commitment to preventing future building safety failures.

Engage early to solve puzzle of the Building Safety Act

by Breaking NewsBuilding ManagementIFSJ ExclusivesSafety

Supplying good information helps to build compliance

Three Gateways signpost the way to getting it right

The terms under the new Building Safety Act 2022 start to become enforceable from October 1st, 2023.

Here, Bob Glendenning, Fire Design Engineering Manager of Sherwin-Williams Protective & Marine Coatings, looks at how early engagement can help engineers and those in the supply chain negotiate their way through the challenges it presents.

The new Building Safety Act 2022 (BSA) has been developed as a new framework for the design, construction and occupation of ‘higher risk’ buildings.

These buildings are defined as being a minimum of 18 metres or seven storeys in height and comprise of at least two domestic premises.

These new regulations require that all existing occupied high-risk buildings should be registered with the new Building Safety Regulator (BSR) from April 6, 2023 and no later than October 1, 2023.

The BSR is an independent body which forms part of the Health and Safety Executive, which aims to raise building safety standards and the performance of buildings whilst also monitoring the competence of regulators and industry professionals.

The reality of this new legislation is that under the terms of the Act, a Principal Accountable Person who fails to register an occupied higher-risk building ‘without a reasonable excuse’ will be liable to either a fine or imprisonment for a term not exceeding two years.

The Principal Accountable Person is described as the organisation or person who owns, or has responsibility for, the building.

It may also be an organisation or person who is responsible for maintaining the common parts of a building, for example corridors or lobbies.

Engaging multiple stakeholders is key

At Sherwin-Williams, our policy of early engagement and collaboration between all parties aims to clarify any points up front before they become a problem with the subsequent knock-on effect on time and cost.

It is proven that engaging multiple stakeholders – including designers, fabricators and applicators – early and consistently throughout the process is key to delivering a successful, safe and cost-efficient solution.

Working together, we share knowledge and help our clients to reach their goals, after all we are all now part of this renewed responsibility.

We want to help our customers to capture relevant data on the use of our intumescent coatings so that they can provide information digitally on safety and quality to their own customers.

This information also provides a sound basis for future decision making.

The Golden Thread will be a digital record of all aspects of the fire protection installed, including application records, theoretical product thickness, data sheets and anything relevant relating to the steel’s fire protection provision.

By following the requirements as set out in the Golden Thread, those involved can be assured that they are creating a safe, efficient building.

Under the terms of the act, the term competence is a core requirement.  As part of this part of the act, the BSR has introduced an Industry Competency Committee whose role will be to monitor and improve industry competence.

This will be done by regularly publishing guidance and advice available to the industry.

Building Safety Act: The three Gateways provide evidence

The Golden Thread runs through what is known as three gateways of the process.

All of the three gateways are important from the outset to completion and occupation so that end users can be assured of compliance, quality and safety and have confidence in the products used to provide fire and life safety – in particular ‘safety critical’ components.

For the protection of structural steel with intumescent coatings, the different parts of the engineering community and the supply chain will need to understand more detail of certain gateways than others.

For example, structural engineers, designers and specifiers will be more concerned with the requirements under gateways one and parts of two.

Applicators will need to understand parts of gateway two and gateway three, while fabricators will need to understand the wider picture across all three gateways.

Gateway 1 – covering the planning stage. This has been in force since August 1, 2021 and sets out the framework for the second and third stages.

Applicants need to demonstrate that fire safety matters have been incorporated into the planning stage for all buildings.

If a fire statement is required to be submitted with a planning application it will be an issue for consideration for the Local Planning Authority (LPA) when reaching its decision on the application.

Contractors should take note that if the LPA considers the statement inadequate it can refuse the application.

Gateway 2 – submitting building control approval to the Regulator to enable construction to start.

This should include written declarations covering the competency of the main contractor, designer, a description of works and plans and a planning statement from Gateway 1.

Importantly, there should be information about how evidence is being captured to maintain the Golden Thread.

The Regulator has a 12-week period to approve or reject these Building Control applications or to approve subject to fulfilment of certain requirements.

Gateway 3 – providing information to ensure the building is safe for occupation. There is a requirement to submit a completion certificate application and provide updated plans.

These plans should reflect the scale of the higher-risk building, key building information, a list of mandatory incident reporting and signed declarations from the main contractor and principal designer that the works and building comply with Building Regulations.

Finally, confirmation that the all-important information for the Golden Thread has been handed over to the accountable person should also be declared.

We all have a responsibility

Remember – responsibility lies with us all. Nobody in the supply chain can absolve themselves.

The Accountable Person must have assessed all building safety risks and taken all reasonable steps to control them, give the safety case report to the Regulator on request and apply for a building assessment certificate.

Remember, the information required for the Golden Thread needs to be accurate, easily understandable, up-to-date, readily accessible and in a digital format.

We should emphasise that it is the responsibility of each Principal Accountable Person to provide the right information to the supply chain – including those bidding the intumescent fire protection package – who in turn are then responsible for all information being passed onto us being accurate if we at Sherwin-Williams are to provide guidance.

Also, bear in mind that this commitment to best practice and gathering of evidence of compliance is not just for the short term but for the lifetime of a building and will be highly valuable should anything happen during its occupation. Think of it as future-proofing life safety.

Building Safety Act: Wales Government Introduces New Guidance

by Building ManagementConstructionFeatured NewsSafety

New guidance on fire safety responsibilities under Section 156 of the Building Safety Act 2022 has been issued by the Welsh government.

The guidance is intended to provide clarity on changes to the Regulatory Reform (Fire Safety) Order 2005, a key component in maintaining building safety across Wales.

Key points from the Building Safety Act guidance:

This new guidance aims to assist “Responsible Persons” in understanding the changes made to the Fire Safety Order through the Building Safety Act 2022.

However, those seeking a deeper understanding or facing ambiguity are encouraged to consult a qualified fire safety professional.

Applicability and enforcement

The new requirements apply to all non-domestic premises.

These areas include workplaces and the non-domestic portions of multi-occupied residential buildings.

Fire and rescue authorities are primarily responsible for enforcing the Fire Safety Order, but local authorities and other specific bodies also play crucial roles in different situations.

Crucial changes introduced by Section 156

The Building Safety Act 2022 amends several requirements. Some of these changes are:

  • Responsible Persons must record their fire risk assessment and their fire safety arrangements in their entirety.
  • There is a need for clarity on the identity of individuals or organisations involved in the fire risk assessment process.
  • Outgoing Responsible Persons must provide relevant fire safety information to their successors.

Duties for Responsible Persons

All Responsible Persons are now required to record their fire risk assessment and safety arrangements fully.

This move aims to make fire safety information more accessible and comprehensive.

Cooperation among Responsible Persons is essential.

They need to communicate with others in the premises to ensure an integrated approach to fire safety throughout the entire building.

Enhanced safety for multi-domestic premises

In buildings with two or more domestic premises, the amendments aim to improve the provision of information and involve residents in the fire safety process.

Residents must be given information on potential fire risks, safety measures in place, and contacts for Responsible Persons or fire safety assessors.

Alterations in penalties and guidance:

In addition to clarifying duties, the Building Safety Act has also made changes to the Fire Safety Order penalties.

Specifically, it has increased the fines for certain offences. For instance, offences related to intentionally impersonating an inspector or failing to comply with inspector requirements can now lead to more significant fines.

Moreover, the status of guidance issued under article 50 has been enhanced, indicating its critical role in building safety.

Key Takeaways

The recent introduction of this guidance underlines the Welsh government’s commitment to enhancing building safety standards.

By clarifying the roles of Responsible Persons and emphasizing cooperation and comprehensive information provision, it strives to ensure a safer living and working environment for everyone.

The amendments, especially the strengthened penalties and enhanced guidance, serve as a robust reminder of the paramount importance of adhering to fire safety regulations.