New compliance resource targets client responsibilities in building safety regime

by Associations and OrganisationsConstructionFeatured NewsSafety

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.

`Building safety is being ignored by clients’ say the Building Engineering Services Association

by Health and Safety

Construction clients are failing to engage with the new building safety regime, according to research carried out by the Building Engineering Services Association (BESA).

The Association used its regional meetings with members as ‘focus groups’ over a six-month period to gauge take-up of measures introduced under the Building Safety Act and awareness of roles, responsibilities and risks associated with the legislation, which has been in force since 2022.

Findings from the BESA report

The main finding was a lack of engagement from clients with BESA members reporting that not a single client had discussed compliance with them. They asserted that, far from seeing evidence of any significant culture change, the pressure to deliver projects faster and more cheaply was increasing at the expense of quality and safety.

Members from all UK regions confirmed that project decisions remained primarily driven by cost and speed, particularly by owners and developers whose buildings were not classified as ‘higher risk’ (HRBs). This confirmed the suspicion that most clients believe the Act only applies to this type of building.

The meetings followed in-depth research commissioned by BESA last year which revealed that, while awareness of the legislation was rising, contractors and clients were confused about their roles and responsibilities and there was little discernible change taking place.

BESA’s Director of Specialist Knowledge, Rachel Davidson’s statement

BESA’S Director of Specialist Knowledge, Rachel Davidson spoke out: “As there is currently very little enforcement of the legislation and, therefore, no apparent consequences, clients are still subjecting contractors to aggressive and sub-economic pricing.

“Not a single client has asked any of our members about compliance with the Act.  Tenders are still being won on lowest price and still being value engineered throughout the project on non-HRB works.

“Several contractors who insisted on applying more rigorous safety measures said they had been priced out of projects as a result.”

Davidson has called for a government driven public awareness campaign to improve client engagement.

BESA members and their consensus

The BESA meetings also confirmed that most clients erroneously considered the legislation to be a ‘Construction’ Safety Act i.e. aimed exclusively at the construction industry and did not, therefore, apply to those owning, managing and operating buildings throughout their lifecycle.

BESA members also expressed concern about the number of projects being delayed due to additional planning constraints exacerbated by severe shortages in local authority building control departments.

The need to pay for additional third-party testing to ensure building components meet the specification when operating as a system is another potential source of higher cost and project delays, the BESA meetings reported.

Davidson also discussed how : “The serious geographical divide with clear evidence that the further north you go the less awareness of and engagement with the legislation you find, particularly among clients.”

AMA Research’s survey

The industry-wide survey, carried out by AMA Research between May and September last year, reported that 88% of respondents showed some awareness of the Act with almost a third claiming to be fully aware. There were higher levels of awareness among BESA members than the industry as a whole, but detailed understanding of roles and responsibilities was found to be mixed and varied by building and project type.

Most contractors told researchers that the Act was only having a minimal impact on their businesses and just 9% reported making any significant changes to help them comply.

Compliance and legal understanding of the legislation were proving to be challenging for most industry businesses who told researchers they needed more training and a closer working relationship with the office of the Building Safety Regulator to embed the changes required to improve building safety.

Levels of awareness vary according to company size with larger organisations, both in terms of turnover and number of employees, shown to be more up-to-speed.

BESA Director of Specialist Knowledge, Rachel Davidson’s final thoughts

“Some firms have used the Act, and the wider post-Grenfell context, as an opportunity to re-set employees’ focus on what makes them good at their jobs and where they find deficiencies, to carry out more training,” added Davidson. “However, this is far from universal and access to appropriate training remains another key challenge for our sector and one that BESA is pursuing vigorously.”

She added that the industry needed clearer and simpler guidance to help them both apply the legislation measures to their own businesses and explain them to their clients. She also called for a closer and more productive relationship with the Regulator involving open channels of communication and a greater willingness to offer advice on how to comply with Act.

“Also, if the government is really serious about improving standards of safety and performance alongside its ambitious plans for construction growth, it must properly resource the Regulator and ensure that this potentially game changing legislation is fully enforced,” said Davidson.

BESA say `building safety is being ignored by clients’: Summary

The Building Engineering Services Association have acknowledged what they say is a failure to engage with the new building safety regime. Noting project decisions being influenced by cost and speed as being important factors.