Navigating the Building Safety Regulator’s Building Safety Case Report Process: Tips, Insights, and Common Questions Answered

The Building Safety Act came about as a result of Government investigations into all aspects of building safety. The aim of the Act is to reduce the likelihood and the severity of incidents, with a focus on fire safety and structural failure.The Act requires Principal Accountable Persons (PAPs) to provide the Building Safety Regulator (a specialised part of the Health and Safety Executive) with a Building Safety Case. Once accepted, a Building Assessment Certificate is provided to show that the building is compliant.For Principal Accountable Persons, the process of obtaining a Building Assessment Certificate can be tricky. Here we’ll be taking you through some of our tips for success and answering common client questions.The Process in a NutshellThe process, if it goes smoothly, is simple enough:

• First, the PAP compiles a Safety Case Report
• This is provided to the Building Safety Regulator
• On acceptance, the PAP is invited to apply for a Building Assessment Certificate
• The PAPs have 28 days to provide the necessary documentation

The application carried a fee of £288.00 including VAT. You will also need to cover the Building Safety Regulator’s fees which are usually set at £144.00 per hour.The ideal outcome is a straightforward acceptance followed by the receipt of a physical certificate which should be prominently displayed in the building. This is not always the case, however - sometimes more information is needed.Providing More Information to the BSRFollowing their application, some PAPs will receive an “action is needed to correct issues with your application” notification. This means that the regulator has identified some issues that can be addressed simply and quickly.They will tell you what you need to do and by when - you’ll usually be given a 7 day deadline. If you provide what is needed and meet the deadline provided, you will be granted a certificate. If not, the application will be refused.Our tips for handling this situation include:

• Prompt Acknowledgment

Confirm receipt of the BSR’s request immediately. This demonstrates your commitment to effective communication and to achieving compliance.

• Review the Request

Carefully assess the specific information or clarifications that the BSR requires. A few sets of eyes may be better than one here, to ensure nothing is missed or misunderstood.

• Gather Necessary Information

Collect the requested data, ensuring accuracy and completeness.

• Prepare a Detailed Response

Address each point raised by the BSR in turn, providing clear, complete and concise information.

• Maintain a Paper Trail

Keep a record of all communications and submitted materials for future reference.Requesting an ExtensionMost requests for additional information carry a 7-day deadline. However, if you need more time to compile the information required, contact the BSR as soon as possible to discuss an extension.The Building Safety Regulator (BSR) acknowledges that compiling comprehensive safety case reports can be complex, especially for existing buildings where historical data may be incomplete. In such cases, the BSR expects PAPs to take all reasonable steps to obtain the necessary information.If you anticipate delays in gathering the required information, we highly recommend that you contact the BSR promptly and keep the lines of communication open throughout the process. Clearly explain the reason(s) for the delay and outline a detailed timeline for completion, highlighting the steps you’re taking to address the challenges.It can be very beneficial to consult with a professional safety expert to ensure compliance and to assist in preparing a robust extension request- we’d be happy to help.Always keep an accurate record of all communications and the steps you’ve taken to gather the necessary information. These records will support your extension request. You should also make sure you stay up to date with any changes to the requirements or procedures.While there is no standard extension period, providing a realistic and justified timeline increases the likelihood of approval. The BSR evaluates each request on a case-by-case basis, taking into consideration the complexity of the building, the nature of the missing information and the potential impact on resident safety.Providing Additional Information or Addressing Follow-Up RequestsWhen applications are incomplete or unclear, the BSR may request:

• Additional Documentation

This includes detailed drawings, plans, or compliance statements that were missing or insufficient in the initial submission.

• Clarifications

Explanations regarding specific design choices, materials or methods used to ensure compliance with safety standards.

• Site Visits

Inspections to verify that the construction of the building aligns with the submitted plans and complies with safety regulations.

• Organisational Assessments

Evaluations of the competence and procedures of the entities involved in the construction or management of the building.How Can We Help?We have recently launched a support service that will assist with compiling, maintaining and sharing your safety case reports. Feel free to get in touch with us if this is of interest or if you’d like to discuss the requirements in any more detail.Suggested ResourcesGovernment Guidance: Managing building control approval applications for higher-risk buildingsBuilding Safety Regulator Enforcement Policy Statement Construction News article: Regulator tackles building control delays with more resourcesFurther Reading from 4sitePreparing a Building Safety CasePreparing a Building Assessment Certificate Application