An overview of the draft Building Safety Bill

Other new committees/bodies to support the Regulator’s work

• Building Regulations Advisory Committee – providing evidence-based guidance on new issues that emerge in the built environment sector;
• A new committee for industry competence – to overcome the fragmented and inconsistent competence of workers and managers that currently exists in the building safety sector;
• A new residents panel – to provide a voice to residents which will be consulted on developments from the new Building Safety Regulator; and
• New Homes Ombudsman – to provide redress to consumers whose complaints will be considered on a case-by-case basis:
  • The New Homes Ombudsman is expected to be granted enforcement powers to provide homeowners with an added layer of protection against developers;
  • A code of practice is anticipated to be published to balance the concerns of homeowners and developers; and
  • All developers of new homes will be required to engage in the scheme. 

Key Changes introduced by the Building Safety Bill

The Building Safety Bill introduces several layers of accountability and protection to residents in high-rise buildings, but possibly the most far-reaching of all are the following:

1. Dutyholders
   
   A new system will give each party in the construction process responsibility for managing the risk associated with their element of the project. This process will be coordinated by gateways in the building cycle with the underlying idea being that the new Regulator will be able to stop the cycle at relevant points to review and approve building safety standards. The building cycle will be connected by a ‘golden thread of information’ in which all of the original design and construction details will be available digitally. 

2. Accountable Person    
   
   When a building is occupied, the duty holder will become the accountable person whose duties will include:
   
   - ensuring the safety of the people living in the building;
   - registering the building with the Building Safety Regulator;
   - securing a building safety assurance certificate before it is occupied; and
   - appointing a building safety manager
    
3. Building Safety Managers
   
   These building safety managers will be appointed for every highrise building in the country primarily they will act to support the accountable person in their functions. Creating this new post to stand alongside the accountable person to ensure building safety compliance is expected to prove very useful for stakeholders in providing them with another channel of communication for fire safety concerns. 
   
   The new Building Safety Regulator will be able to veto the appointment of a building safety manager if it is not comfortable with their competence, and failure to perform the role properly can carry a financial penalty and even imprisonment. 
   
   Impact on leaseholders
   
   A new “building safety charge” will be introduced which will be separate from the service charge. Remedial works on buildings concerning building safety requirements will only be able to be funded using this new charge. The charge will cover some of the new measures brought in under the Building Safety Bill, such as paying for the required building safety manager and the day-to-day management of the building.
   
   Leaseholders will be able to refuse to contribute to the charge where it is deemed “unreasonable” or if the building owner has not provided a clear breakdown of costs. 
   
   Impact on developers
   
   The Building Safety Bill represents a radical change to the UK building industry regulatory landscape. It raises standards and introduces much greater accountability and responsibility for fire and structural safety issues.
   
   Whilst the majority of measures are likely to be welcomed by developers who have been let down by poor D&B or cladding and fire-stopping contractors, the new duties imposed by the Bill are likely to come at a significant cost.
   
   It will be vital for developers, RSLs and managing agents alike to look at the new regime and ensure there are plans to incorporate it into projects right from the planning stage and to ensure that teams (from commercial costing through to site teams and customer service) are trained and aware of their obligations.
   
   The sanctions for getting it wrong are significant both in terms of cost and reputation. 

More information

If you are the subject of any civil or criminal investigation arising from cladding or fire safety matters, our specialist Regulatory and Construction teams at Gateley will be able to assist you and provide comprehensive legal advice, contact our experts listed below for more information.

Also see our previous insight which explores the Fire Safety Bill for further guidance.