This year we’ve published several articles regarding the Building Safety Act and the requirements for Principal Accountable Persons to create a Building Safety case for any higher-risk buildings they manage.
Here we’ll be rounding up some of the key information we’ve shared and signposting you to the full articles available for further reading. We’ll be covering an overview of the Act, the requirements of your Building Assessment Certificate application and what to do if your application isn’t accepted on the first try.
An Overview of the Act and Its Requirements
Original Article Link: Preparing a Building Safety Case
Largely brought about by the Grenfell Tower tragedy of 2017, the Building Safety Act is the result of Government investigations into unsafe cladding and necessary remedial works for high-rise buildings in the UK. 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 impressed many new responsibilities on building managers, aimed at facilitating better building safety. A Principal Accountable Person must now be accountable for the implementation of the Act requirements. One of their responsibilities is to produce and maintain a Safety Case Report for any “Higher-Risk Buildings” they manage.
These are buildings that:
- Are over 18 meters or seven stories in height
- Contain 2 or more residential dwellings
Accountable Persons have been able to complete a Safety Case Report that “summarises the safety case for a high-rise residential building…identifying the building’s safety risks and explaining how the risks are being managed” since October 2023.
Once the Safety Case Report has been completed, the Principal Accountable Person will be invited to apply for a Building Assessment Certificate. This will involve providing a copy of your Safety Case Report to the Building Safety Regulator (the Health and Safety Executive), who will then provide you with the certificate.
Building Your Application
Original Article Link: Preparing a Building Assessment Certificate Application
Applications for a Building Assessment Certificate involve providing a collection of documents to the Building Safety Regulator (the Health and Safety Executive).
The list of requirements includes:
- Your Resident Engagement Strategy
- Information regarding your Mandatory Occurrence Reporting System
- Your Building Safety Case Report
- Confirmation that you are sharing the necessary information with relevant third parties
- The serial numbers of any current compliance notices issued by Building Safety Regulator
Once you’ve submitted your application, the Building Safety Regulator may come back to you to request additional documents or records. They may also request to meet with you in person or via video call to discuss the application or to see a demonstration of the systems you have in place.
This may seem a little alarming, but the BSR’s willingness to discuss your application is a positive sign. They are willing to work with Accountable Persons to support applications, before deciding on an outcome.
Next Steps If You’re Not Given a Certificate
Original Article Link: My Safety Case Highlights Problems- What Are the Next Steps?
Some applications may result in a “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. If you meet the deadline provided, you will be granted a certificate. If not, the application will be refused.
If the regulator is not satisfied by your application, you will receive a compliance notice letting you know why the application has been refused. This must be displayed prominently within the building.
They will provide a deadline for issues to be addressed. You will need to provide evidence that you have amended the areas identified before being invited to apply again. If you miss the deadline, you may well face enforcement action.
If you disagree with the regulator’s findings, you can follow the instructions provided alongside their decision to request a review. If you are still in disagreement after a review, you can appeal via the First-tier Tribunal.
Original Article Link: Navigating the Building Safety Regulator’s Building Safety Case Report Process: Tips, Insights, and Common Questions Answered
When 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?
This year we 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.
