Government Proposals for Building Safety Reform

In June 2019, the government published the ‘Building a Safer Future’ consultation, detailing proposals to achieve long-term reform of the building safety system. These changes will apply to the property industry as a whole and have bearing on the planning and construction of new buildings, through to completion, occupation and everything beyond.

The proposal begins by including any buildings that are 18metres (or 6 stories) and higher, with indications of an intention to increasethe scope gradually thereafter by lowering that height. It is still early daysand as of May 2020 the reform still needs to be drafted and put throughParliamentary Debate, however, once it does come into effect existing buildingswill be introduced to the system in a “phased way” (although there is littledetail as to quite how this phased process will be operated).

New roles

One of the main things that will come from Building SafetyReform will be the introduction of important new roles that will work togetherto ensure safety.

We have put together an outline of each of the new rolesthat are to be introduced, including what we know about them so far, startingwith the Building Safety Regulator.

• Building Safety Regulator

The Building Safety Regulator will be a new government body set up to oversee every stage of the building safety management process across the UK. The Building Safety Regulator will possess strong enforcement powers, akin to that of the Health and Safety Executive (HSE)- It will also be run by the HSE. Among many things, this new Regulator will be responsible for issuing and controlling building licenses that authorise the buildings occupation, as well as, overseeing and intervening (if necessary) in renovation and refurbishment projects. Furthermore, they will be accessible to all parties in the chain, including residents who may choose report unsafe activities or management practices.

The Building Safety Regulator will also have pivotal rolesin the Planning and Construction of new buildings.

• Accountable Person

The Accountable Person for a building is set to be theLandlord/Freeholder, or someone from a board of RMC directors, for thatbuilding. The Accountable Person can appoint a professional (e.g. a ManagingAgent) to assist with their responsibilities, but they will not be able todelegate their accountability for these responsibilities to that professional.

The role of the Accountable Person takes on ultimateresponsibility for fire and structural risks of the building - they must signthe building safety charter and they are also responsible for appointing (andfunding) the Building Safety Manager role for the building. As far as we know,the Accountable Person can be an individual or a legal entity, but they mustmeet a competency criteria level, which is yet to be announced.

• Building Safety Manager

One of the roles which we have talked about a lot atindustry events is that of a Building Safety Manager, and this often comes withan array of questions- some of which are yet to be answered and are still underdebate!

We do know that the role of the Building Safety Manager willbe appointed by the Accountable Person and they will be responsible formaintaining the overall safety of the building.

The role is a vital part of the reform and will be key tomaintaining the Building Safety Case, and ensuring that residents engage withthe important and significant risks documented within.

The safety case for each building will contain the “totalityof the building safety information”, detailing every schematic and technicalfeature from the buildings planning and construction phases as well asdetailing all current fire and structural risks. The Building Safety Managermust ensure that any changes to the building or projects that affect the Fireor Structural integrity are recorded here as the Building Safety Regulator willhave an ongoing keen interest in this document.

Much like the Accountable Person, the Building SafetyManager must also meet a competency criteria level that is yet to be announced.

• The Resident

Ok, so residents have always been there and so this isn’texactly a ‘new role for the industry’, however, the residents have been handeda significantly more prominent part to play – which we think makes completesense.

If you are residing in a building where your safety ismanaged by others, then why shouldn’t you have ready access to pertinentinformation that may one day save your life? 

Under the new system, Residents are given a voice, entitlingthem to access relevant safety data and, among other things, have a means ofreporting safety concerns to the Building Safety Manager (BSM) for theirbuilding.

It will be a requirement under the new regime for the BSM toinitiate and facilitate this process through a Residents Engagement Strategy.Residents will also be able to report unsafe practices to the Building SafetyRegulator, if they feel that their concerns are not being listened to.

If you are a Managing Agent working on behalf of a freeholder or RMC, then it’s worth keeping an eye on the competency frameworks that will no doubt be released soon (we will provide an update once they are finalised) – As a property professional, this will give you some idea as to whether you wish to - or, indeed, if you are able to - speak to your clients about assisting them with this new responsibility.

For further information or guidance, please contact our expert team.