POLICY | HYWEL DAVIES Why Building Safety Act will mean radical change In April, the Building Safety Act 2022 gained Royal Assent. In July the government published two major consultations on the detailed implementation of two key parts of the act. Hywel Davies sets out whats in store as the act comes into effect T he Building Safety Act 2022 (the act) received Royal Assent in April. It creates a new regulatory regime and a new Building Safety Regulator for all building work of any kind on any building. It also creates a more stringent regime for higher-risk buildings (HRBs), [see panel Building Safety Act glossary], regulating these buildings throughout their operating life. It aims to deliver a regime that is fit for purpose and provides improved accountability, risk management and assurance of safety to those living in higher risk buildings. The act amends the 1984 Building Act substantially, creating powers for the regulator to set new legal requirements for clients, designers and contractors when they procure, plan, manage and undertake building work the dutyholders under the new regime. They must be competent to undertake the work for which they are appointed and clients will have statutory duties to take reasonable steps to ensure that [those they appoint] are competent to perform their duties. The act strengthens oversight and protections for residents in higher risk buildings and gives them a greater say in the management of their homes. It also introduces tougher sanctions including imprisonment against those who threaten their safety. The act adopts a risk-based approach and requires owners of HRBs to manage their buildings better. The Act is the enabling legislation for the biggest changes in building safety laws for at least a generation. Now we need the detailed secondary legislation regulations to implement the powers in the act. These consultations address two distinct aspects of implementing the Act: design and construction of all buildings, and occupation of HRBs. The first sets out government plans to reform the building control system and procedures for all building work, and not just the more stringent regime for HRBs. It makes significant proposals on professional competence and the new dutyholder regime, including requiring the client to appoint a principal designer and contractor. Client duties include allocation of sufficient DR HYWEL DAVIES is technical director at CIBSE www.cibse.org 18 September 2022 www.cibsejournal.com CIBSE Sept 22 pp18-20 Hywel.indd 18 26/08/2022 18:27