Three Years of the Building Safety Act

Nearly three years have passed since the Building Safety Act received Royal Assent on 28 April 2022. While the Act's intentions were clear- to enhance building safety and accountability- its implementation has been a complex journey. The Act's core principle, placing accountability on clients, designers, contractors, and other stakeholders, is fundamentally sound. However, a significant portion of the industry still grapples with understanding their specific responsibilities. This lack of clarity has led to continued practices that don't fully align with the Act's requirements.
Conversely, many organisations have embraced their obligations, demonstrating a positive shift towards greater responsibility within the construction sector.

Author

Rob Charlton

The most substantial challenges have emerged within the Gateway process. The initial lack of precise requirements, coupled with resource constraints at the Building Safety Regulator (BSR), has resulted in significant delays. These delays directly impact project timelines, hindering the government's objectives of increasing housing supply and stimulating economic activity through infrastructure investment.

The Act's introduction initially sparked confusion regarding roles and responsibilities, particularly concerning the Principal Designer. This led to varied interpretations and a period of uncertainty. Yet, Tier One contractors have effectively adapted, updating their responsibility matrices and appointments to comply with the new regulations. Tier Two contractors and product suppliers, in contrast, have been slower to grasp their obligations, often continuing with "business as usual" without fully understanding their legal responsibilities.

Client awareness has been mixed. Government bodies and large developers have successfully integrated the Principal Designer and Principal Contractor roles into their procurement processes, while more commonly, smaller clients remain unaware of their duties.

Product manufacturers also exhibit varying levels of understanding. Whilst larger manufacturers now restrict their advice to tested and standardised details, smaller manufacturers have largely maintained their existing information and data management practices.

The introduction of the Gateway process for high-risk buildings, a key component of the Act, has exposed significant resource limitations within the BSR. The regulator was evidently unprepared for the volume of applications it received. Whilst Gateway 1 (planning stage) has generally functioned well, Gateway 2 (pre-construction stage) has become a major bottleneck. The long-term impact of Gateway 3 (post-construction sign-off) remains to be seen.

The Building Safety Regulator (BSR) initially aimed to approve new construction projects within 12 weeks; however, assessment times have now extended to between 25 and 40 weeks, resulting in delays of 12 to 18 months in construction schedules. Student housing developer Unite has reported delays of up to six months due to BSR approvals, which stem from a shortage of assessors, a problem anticipated by the industry during the Act's development. This situation raises questions about the government's preparedness to meet its obligations. Compounding the regulator's challenges is the resignation of Peter Baker, the BSR's founding leader, along with the closure of some private inspectors supporting the BSR, further exacerbating the backlog By June 2023, only 2% of the 668 submitted applications had been processed within the required timeframe, with a 40% rejection rate. The BSR's resource limitations also prevented it from providing pre-application advice, leading to misunderstandings regarding submission requirements, high rejection rates due to inaccurate information, and increased rework and resubmission.

With the change of government and the issues being clear, the structure of the BSR has now changed. The government has introduced a single Construction Regulator, merging the BSR with the Office for Product Safety and Standards.

The BSR is now actively recruiting additional staff, particularly fire and structural engineers. However, the shortage of fire engineers presents a significant challenge. The BSR has also committed to providing clearer guidance on Gateway 2 approval requirements to reduce rejection rates. The industry continues to advocate for enhanced engagement before applications are submitted.

The Building Safety Act represents a positive step for the construction sector. As with any major legislation, building awareness and changing behaviours takes time. In the three years since its implementation, the sector's response has been gradual, and understanding and adoption remain below desired levels.

The Building Safety Regulator has faced significant operational challenges that have impacted the sector, prompting the government to acknowledge these shortcomings and implement strategic changes by combining the BSR and Product Safety regulators. This dedication to improving processes aims to fulfil manifesto commitments, though it remains to be seen whether these changes will lead to better outcomes. Nonetheless, the sector has undoubtedly witnessed progress over the past three years.