06/10/2024
**The Building Safety Act 2022 [BSA]: a seismic change in the construction industry**
As a result of the enquiry into the 2017 Grenfell tragedy, the BSA was introduced in October 2023 and came fully into force for England in April 2024. It creates a new class of residential building known as Higher Risk Building (HRB), for which additional measures will apply, but will apply to *all* residential buildings.
This Act confers responsibilities for managing building safety risks upon everyone involved in a building project, to ensure insofar as is practicable, compliance with the Building Regulations. This includes the building clients/owners, who are required to appoint a Principal Contractor and Principal Designer.
For a non-domestic property/client, if the client fails to appoint, then the responsibility for undertaking duties in those positions automatically passes to the client.
With regard to a domestic property, if the client is a domestic client and fails to appoint, then the main/sole contractor will automatically assume the duties of Principal/Sole Contractor and the main/sole designer will become Principal/Sole Designer. If, however, the property is related in any way to a business, that is it is either owned by a company, is a BTL/HMO/Airbnb property, or a business is run from those premises, then failure to appoint will be treated as for a non-domestic property and the client will automatically take on those duties.
Where we are involved with a domestic project, Abovo will often be the sole designer: such an example would be for a simple knock-through project, where there is no architect involved. Providing that the work does not have any impact on other parts of Building Regulations, for example means of escape from fire, then we will be happy to assume the duties of Principal/Sole Designer under the BSA.
However, if for example, you are planning a loft conversion, this can have an impact on means of escape, electrics, plumbing, stairs, heat loss and others. In these instances, in keeping with other structural engineers, we will not generally agree to act as Principal Designer.
The reason for this is that, as part of obtaining a completion certificate for the works, we are required to sign documentation to certify that the works comply with *all relevant* Building Regulations, much of which lies outside our normal remit.
We will expect that in such circumstances, the homeowner will appoint a qualified architect or technologist (or other suitably experienced and qualified person), who will take on the role and we will then act as a Designer under the aegis of the Act.
This does not necessarily preclude our carrying out design work before a Principal Designer is appointed. However, our calculations and drawings will be marked as not for Building Regulations submission and approval, until such time as the appointment is confirmed.
What the BSA will bring about is the end of unqualified/uninsured people carrying out design work as 'private jobs', once people fully appreciate the degree (and longevity) of risk that attaches to design work under the BSA. Also, there are already some local authority Building Control departments who are refusing to accept calculations and details which are not on headed paper/drawing sheets from bonafide companies and/or sole professionals.
Obviously, from our point of view, this will level the playing field in respect of ensuring that we only compete for business against similarly qualified and insured professionals, but there is also the intended consequence of a higher, safer standard of construction, which is to the benefit of us all.
Further and (much!) more detailed information regarding the Building Safety Act 2022 can be found at https://www.gov.uk/guidance/the-building-safety-act and https://www.legislation.gov.uk/ukpga/2022/30/contents #:~:text=Building%20Safety%20Act%202022%20is%20up%20to%20date
Building Safety Act 2022 is up to date with all changes known to be in force on or before 06 October 2024. There are changes that may be brought into force at a future date.