With major changes to the Building Safety Act coming into force, we have outlined below the major changes that will have an impact:
1. Strengthened Regulatory Framework:
The revised Building Safety Act bolsters the regulatory framework, placing a stronger emphasis on the responsibility of building owners and developers. Homeowners can expect increased scrutiny and stringent measures to ensure that their properties meet elevated safety standards.
2. The Introduction of three new regulatory bodies:
- The Building Safety Regulator (BSR) will oversee the safety and performance of all buildings, as well as having a special focus on high-rise buildings. It will promote competence and organisational capability within the sector including for building control professionals and tradespeople.
- The National Construction Products Regulator (NRCP) will oversee a more effective construction products regulatory regime and lead and co-ordinate market surveillance and enforcement in this sector across the UK. The NRCP has already started taking enforcement action under the scope of existing regulations. The new regulatory regime will start to apply once the necessary secondary legislation on the future regulatory regime has been approved by Parliament.
- The New Homes Ombudsman Scheme will allow relevant owners of new-build homes to escalate complaints to a New Homes Ombudsman. Developers of new-build homes will be required by secondary legislation to become and remain a member of the New Homes Ombudsman Scheme and secondary legislation will also set out the enforcement framework and sanctions for breaching requirements. Infinity Planning’s snagging services cover elements of ensuring new homes are built to the standards expected. The Secretary of State may also approve or issue a developers’ code of practice which sets out the standards of conduct and the standards of quality of work expected of the New Homes Ombudsman scheme’s members.
3. Heightened Accountability for Developers:
Homebuyers will benefit from the Act’s increased accountability for developers. Stricter rules regarding design, construction, and maintenance demand that developers adhere to higher standards, reducing the likelihood of safety issues emerging in the long term. This shift places greater importance on transparency and communication between developers and homeowners.
4. Extension of the “Golden Thread” Principle:
The Act reinforces the “Golden Thread” principle, emphasizing the need for comprehensive documentation throughout a building’s life cycle. Homeowners will now have access to detailed information about their property, facilitating better understanding and proactive management of safety-related aspects.
5. Enhanced Resident Engagement:
A key aspect of the changes is the encouragement of resident engagement in the safety processes. Homeowners will have a more active role in building safety, with mechanisms in place for reporting concerns and participating in safety assessments. This empowerment ensures that those living in the buildings are integral to maintaining a safe living environment.
6. Remediation of Unsafe Cladding:
In response to past safety concerns, the Building Safety Act addresses the issue of unsafe cladding. Homeowners affected by this will witness targeted measures to identify, assess, and remediate hazardous cladding materials, mitigating risks associated with fire safety and structural integrity.
