The 2022 Building Safety Act vs. 2010 Building Regulations

You may be wondering– given that the Building Regulations were established in 2010, why was there a necessity for the Building Safety Act of 2022?

In the aftermath of the harrowing Grenfell Tower fire in June 2017, the UK marked a significant legislative landmark with the enactment of the Building Safety Act 2022. Although the Building Regulations 2010 and CDM regulations established the groundwork for construction and building safety standards, the Building Safety Act 2022 (BSA) substantially augments these regulations, introducing a more rigorous and comprehensive framework for the safety of buildings.

This article explains the pivotal distinctions the BSA has introduced to existing building regulations and its repercussions for the future of construction and building management in the UK.

• The Building Regulations 2010 and Its Shortcomings
• Building Safety Act 2022
• Golden Thread of Information
• Building Safety Regulator
• BSI Flex 8670
• Dutyholder Requirements
• Conclusion

The Building Regulations 2010 and Its Shortcomings

The Building Safety Regulations of 2010 are a series of standards for the design and construction of buildings to guarantee their safety for occupants and the public. These regulations encompass a broad spectrum of concerns, including structural soundness, fire safety, accessibility, and energy efficiency, aiming to mitigate risks and safeguard individuals from hazards associated with buildings.

Local councils serve as the principal enforcement entities for the Building Regulations, operating through their Building Control Services. Compliance is typically demonstrated to either the local council Building Control or Approved Inspectors who are authorised to review compliance. It’s important to note that these building control parties are not the designers; the liability for such compliance would always be with the demonstrating party.

Statutory instrument 2023 No. 906 - The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023 - has therefore been revoked and replaced by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110)

Despite the comprehensiveness of the Building Regulations 2010 and their design to ensure the safety and health of building occupants, they have been critiqued for several flaws, particularly highlighted by the tragic Grenfell Tower fire in June 2017. This incident prompted a more detailed examination of building safety regulations in the UK, revealing areas in need of improvement.

Some identified flaws include:

• Vagueness and Insufficient Specificity: A critical flaw identified was the vagueness and insufficient specificity within Regulation 7, especially regarding the performance characteristics of materials used in construction. The regulation mandates that materials should be suitable for the circumstances in which they are used, but it lacked detailed guidance on assessing materials for high-rise and high-risk buildings, leading to varied interpretations.
• Enforcement and Oversight: The tragedy also unveiled flaws in the enforcement mechanisms of the Building Regulations. There was a lack of clarity on the roles and responsibilities of various stakeholders, including manufacturers, builders, and local councils, in ensuring compliance with Regulations. This led to gaps in oversight and accountability.
• Scope and Coverage: The regulations were criticised for not specifically addressing the unique risks and challenges associated with high-rise and complex buildings. This gap was starkly highlighted by the Grenfell Tower fire.
• Holistic Safety Considerations: Critics have pointed out that the regulations did not adequately consider the building as a whole system, including the interaction of different components and systems that could affect fire safety and structural integrity.
• Material and Construction Standards: The Grenfell Tower tragedy exposed serious concerns about materials (such as cladding) and construction methods that did not meet fire safety standards, suggesting that regulations and their enforcement on materials and methods were insufficient.
• Evacuation Strategies: There were also concerns that the regulations did not adequately address the need for clear and effective evacuation strategies, particularly for buildings with complex layouts or vulnerable residents.

In response to these and other concerns, the Building Safety Act 2022 was introduced to overhaul the regulatory framework, aiming to address these weaknesses, especially concerning high-rise residential buildings. The Act seeks to clarify responsibilities, improve standards and compliance, enhance resident engagement and complaints processes, and establish a more robust regulatory and accountability framework for building safety.

Building Safety Act 2022

The Building Safety Act 2022 introduces a new, more stringent regulatory framework for the construction and management of buildings, focusing particularly on fire safety and the structural integrity of high-rise buildings. It establishes the Building Safety Regulator within the Health and Safety Executive, introduces new roles and responsibilities for those involved in the design, construction, and management of higher-risk buildings, and strengthens the rights of residents in these buildings. The Act is part of a broader effort to ensure a tragedy like the Grenfell Tower fire never happens again.

The following sections discuss the key changes the BSA has brought to the existing 2010 Building Regulations:

Competence Requirements

One of the critical areas the BSA addresses is the competence of professionals working across the built environment. To this end, the Act introduces a framework for setting and maintaining standards of competence for those responsible for the safety of higher-risk buildings, through a system often abbreviated as SKEB (Skills, Knowledge, Experience, and Behaviour).

What SKEB Entails

The SKEB framework under the BSA aims to ensure that individuals involved in the design, construction, inspection, and management of buildings, particularly high-rise residential buildings, possess the necessary:

• Skills: The practical and cognitive abilities to perform tasks and solve problems related to building safety.
• Knowledge: The understanding of relevant building safety principles, regulations, and practices.
• Experience: The practical exposure to and participation in building safety-related activities, which provides insight into the application of skills and knowledge in real-world scenarios.
• Behaviour: The professional and ethical conduct that ensures commitment to safety, including communication, decision-making, and leadership qualities relevant to maintaining high safety standards.
  
  

Implementation of SKEB

The BSA establishes mechanisms to enforce these competence requirements, including:

• Setting Up a New Regulatory Framework: The Building Safety Regulator, part of the Health and Safety Executive, is tasked with overseeing the safety and standards of all buildings, with a particular focus on higher-risk buildings. This includes enforcing the SKEB requirements.
• Registration and Certification of Professionals: Professionals involved in the design, construction, and management of higher-risk buildings will need to be registered with the relevant professional bodies and demonstrate their competence according to the SKEB criteria. This may involve undergoing additional training, obtaining new certifications, or participating in continuous professional development activities.
• Clear Definitions of Roles and Responsibilities: The Act specifies roles such as the Accountable Person, Building Safety Manager, and Principal Designer/Principal Contractor, each with clearly defined responsibilities and required levels of competence.

Golden Thread of Information

The BSA introduces several key concepts and requirements aimed at improving the safety of high-rise residential buildings, among which the "Golden Thread of Information" stands out as a fundamental element. The Golden Thread of Information refers to digital records, including key information about a building's design, construction, and management, that are accurate, up-to-date, and accessible to those responsible for the building's safety. It refers to all building regulations, and not just structural and fire safety. This information must be stored in a digital format and be easily accessible to facilitate ongoing building safety management. The idea is that having this comprehensive, living document will enable building owners, managers, and regulatory bodies to make informed decisions about safety and risk management throughout the building's life.

The introduction of the Golden Thread Requirements aims to ensure that there is always a clear, accessible record of how safety risks in high-rise residential buildings are being managed. This is critical for preventing accidents and facilitating swift, informed responses when safety issues arise. The Golden Thread helps to:

• Enhance the transparency and accountability of those responsible for building safety.
• Improve the management and mitigation of risks throughout the building's lifecycle.
• Ensure that emergency services have access to vital information in the event of an incident.
• Facilitate the ongoing compliance of buildings with safety standards and regulations.

Key Aspects of the Golden Thread Requirements

• Information Management: The Golden Thread emphasises the need for proper information management, ensuring that vital safety data is accurately recorded, stored, and updated throughout the building's lifecycle. This includes details from the initial design and construction phases through to any modifications and the daily management of the building.
• Accessibility and Usability: The information must be easily accessible to those responsible for the building's safety and must be kept in a digital format. This ensures that the data can be readily used to inform safety decisions, maintenance work, and emergency responses.
• Responsibility and Accountability: The Act assigns clear responsibilities for maintaining the Golden Thread to specific roles, including the Accountable Person (AP) for occupied buildings and the Principal Accountable Person (PAP) for phases of major refurbishment. These roles are tasked with ensuring the Golden Thread is complete, accurate, and up to date.
• Regulatory Oversight: The Building Safety Regulator, established under the BSA, has the authority to enforce the Golden Thread Requirements. This includes the power to inspect records, enforce updates to the Golden Thread, and take action against those who fail to comply.

By mandating the maintenance of a Golden Thread of information, the Building Safety Act 2022 seeks to address one of the key failures identified in the aftermath of the Grenfell Tower fire: the lack of accurate, accessible information about the building's design and management, which hindered efforts to manage safety risks effectively. The Golden Thread Requirements are thus a cornerstone of the Act's approach to preventing future tragedies by ensuring buildings are safer for their residents.

Building Safety Regulator

As mentioned, the BSA introduces the Building Safety Regulator (Building Safety Regulator) as a significant evolution in the United Kingdom's approach to ensuring the safety of buildings.

The BSR brings a new level of oversight and enforcement capabilities that were lacking under the Building Regulations 2010. The Regulations provided a framework for construction and building design but were criticised for not having robust enforcement mechanisms to ensure compliance, especially for high-rise and complex buildings. The Regulator has the authority to oversee the safety and performance of all buildings, with a particular focus on high-risk residential buildings, and has powers to enforce compliance and hold those who break the rules accountable.

• Enhanced Focus on High-Risk Buildings: One of the key limitations of the Building Regulations 2010 was the lack of specific focus on high-rise residential buildings, which pose unique safety risks. The BSR specifically targets these buildings, ensuring that they meet stringent safety standards throughout their lifecycle—from design and construction to occupation and maintenance. This lifecycle approach ensures continuous compliance and safety, rather than a one-time check at the construction phase.
• Higher Standards and Stricter Compliance: The BSA empowers the BSR to enforce higher safety standards and ensure stricter compliance. This includes the ability to prosecute breaches of building regulations, which strengthens the regulatory framework and ensures that building owners and managers take their responsibilities seriously. The BSR has a range of enforcement tools at its disposal, from issuing stop notices for unsafe construction activities to imposing sanctions on those who fail to comply with safety standards.
• Engagement with Residents: A significant limitation of the Building Regulations 2010 was the limited mechanism for resident engagement and feedback on safety concerns. The BSA mandates the BSR to establish channels for residents of high-rise buildings to raise concerns about building safety directly. This ensures that residents' voices are heard and that their safety concerns are addressed promptly, fostering a culture of safety and transparency.
• Professional Oversight and Competence: The BSR is tasked with improving the competence of professionals working in the building industry, from designers and builders to managers. This involves setting standards for training and certification, addressing a gap in the Building Regulations 2010 related to the skills and knowledge of those responsible for building safety. Ensuring that all professionals involved in the construction and maintenance of buildings are adequately trained and certified helps to prevent safety oversights and errors.

BSI Flex 8670

BSI Flex 8670, titled "Built environment – Framework for competence of individual Building Safety Managers and Nominated Individuals – Specification," was introduced to set out the competencies required for Building Safety Managers and other key individuals responsible for the safety of high-risk residential buildings. It provides a framework for the skills, knowledge, experience, and behaviours necessary to effectively manage building safety risks, particularly in the context of the new regulatory environment established by the BSA. It covers various aspects, including understanding building safety principles, legal requirements, risk management, engagement with residents, and the maintenance of safety systems.

Relationship between BSA and BSI Flex 8670

The BSA provides the statutory authority and emphasises the importance of competence among professionals involved in the design, construction, and management of high-risk buildings. BSI Flex 8670 supports this aspect by offering a detailed competence framework specifically for Building Safety Managers, ensuring that individuals in these roles meet the standards required under the new regulatory regime.

Dutyholder Requirements

Individuals and organisations involved in construction projects have seen their roles and responsibilities significantly broadened beyond the initial scope defined by The Construction Design and Management (CDM) Regulations 2015. These entities, when acting as a 'client', 'principal designer', or 'principal contractor', will now also be recognised as 'duty holders' under the new regulations, obligating them to adhere to additional requirements for all construction projects, not just those considered high risk.

This updated duty holder framework is designed to improve health and safety conditions on construction sites and augment the accountability of those involved in construction activities.

Key Responsibilities of Duty Holders:

• Plan, manage, and monitor their construction work (or that carried out under their supervision) to ensure it complies with established standards; and
• Work cooperatively with clients, designers, and contractors, including principal designers and principal contractors, to guarantee that the construction project meets all regulatory requirements.

This approach intends to provide a safer work environment and ensure that all parties involved in construction projects carry out their roles with a heightened sense of duty and collaboration.

Role of the Client

The client in a construction project is defined as the person or entity for whom the project is being carried out, typically the developer. In cases of multiple clients, an agreement may be made to designate one as the 'sole client' responsible for specific duties. Clients have a range of responsibilities under the BSA primarily to guide the project's direction and ensure compliance with Building Regulations.

The client's responsibilities in a construction project include:

• Making suitable arrangements for the planning, management, and monitoring of the project.
• Ensuring compliance with building regulations throughout the project.
• Hiring competent individuals or organisations in line with British Standards Institution (BSI) competency requirements.
• Providing necessary building information to designers and contractors promptly.
• Facilitating communication among all project stakeholders to ensure regulatory duties and functions are fulfilled.

Role of the Principal Designers

Principal designers are designers appointed by the client in projects involving more than one contractor. They can be an organisation or an individual with sufficient knowledge, experience and ability to carry out the role.

The Principal Designer's responsibilities include:

• Planning, managing, and monitoring the design work during the design phase.
• Coordinating design-related matters to ensure effective communication and collaboration among the client, designers, principal contractor, and other stakeholders.
• Identifying, eliminating or controlling any foreseeable risks during the pre-construction phase of the project.
• Liaising with the principal contractor to share vital information, maintaining the project's 'golden thread'.
• Providing the client with a detailed document no later than 28 days after their appointment ends, outlining the arrangements made to fulfil their duties.
• Ensuring any subsequent principal designer can review these arrangements to maintain compliance with Building Regulations.

Role of the Principal Contractor

Principal contractors are contractors appointed by the client to coordinate the construction phase of a project where it involves more than one contractor.  

The responsibilities of the Principal Contractor include:

• Planning, managing, monitoring, and coordinating health and safety in the construction phase of a project. This includes:
  • liaising with the client and principal designer
  • preparing the construction phase plan
  • organising cooperation between contractors and coordinating their work
• Ensure:
  • suitable site inductions are provided
  • reasonable steps are taken to prevent unauthorised access
  • workers are consulted and engaged in securing their health and safety
  • welfare facilities are provided

Under the CDM Regulations, the Principal Designer and Principal Contractor focus on health and safety during the pre-construction and construction phases, respectively. In contrast, under the BRAE Regulations, their roles are more concerned with ensuring compliance with Building Regulations, focusing on broader issues than just health and safety. While there's a possibility for individuals or organisations to take on dual roles under both regulations, it's challenging to find those with the necessary expertise for both, complicating the implementation of such a dual-role approach.

Conclusion

In conclusion, the introduction of the Building Safety Act 2022 marks a transformative moment in the UK's approach to building safety, catalysed by the lessons learned from the tragic Grenfell Tower fire. By addressing critical flaws in the existing Building Regulations 2010, this comprehensive legislation seeks to ensure a future where buildings, especially high-rise residential structures, are safer, more resilient, and better managed. Through the implementation of rigorous standards for materials, design, construction, and oversight, alongside a renewed emphasis on competence and accountability across the construction and building management sectors, the Act aims to rectify systemic failures and enhance the safety and well-being of occupants. The introduction of the Golden Thread of Information and the establishment of the Building Safety Regulator further underscore the commitment to a holistic and transparent approach to building safety, embedding lessons from the past to make our future as safe as possible.