Government investigations into high-rise building safety (with a focus on structural failure and fire safety) have resulted in the Building Safety Act, which was given Royal Assent in April 2022.
As part of the Act, a Principal Accountable Person (PAP) must now be named for each building that falls into scope. They are responsible for the implementation of the Act’s requirements- one of which is to produce and maintain a Safety Case for any “higher-risk buildings” they manage.
Here we’ll be explaining what PAPs should be doing to address any issues that become apparent during the creation of their Safety Case.
Finding Safety Issues
A Safety Case is a collection of information and records that demonstrate how the PAP will manage risks, such as the spread of fire or structural failure. For PAPs, this can mean delving back into archived paperwork that may stem from previous property managers.
During the course of its creation, PAPs may discover some issues with their existing health and safety measures. You may find that control measures you’d assumed to be in place are not being actioned properly or aren’t actually in place at all. You may come across previous investigations into health and safety measures that have gone unresolved.
What to do Next
The key here is not to panic or to assign blame. The focus should always be on immediately mitigating the risk for the sake of safety and structural integrity, before building an action plan to resolve the issue completely.
Government advice is to “record if any work or action is needed, how long it will take, and whether you need to take any additional measures in the meantime.” If the issue relates to fire safety or structural integrity in particular, swift action is most likely necessary. Your best course of action will be to enlist the help of a specialist who can rectify the issue urgently.
If the Safety Case must be submitted before any action can be taken, you will need to supplement your Case with an action plan. This should detail what work needs to be done, how it will be completed and by when. You should also include any interim measures you’ve put in place to mitigate the risk.
What Happens After Submission?
The hope is that the Building Safety Regulator is satisfied with your application. They will then provide a physical certificate which should be displayed in a prominent position in a common area of the building.
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.
Requesting a Decision Review
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.
How Can 4site Help?
The 4site team are always looking for new ways to support the managers of high rise blocks. Our expert team has recently launched a Building Safety Case Support Service, dedicated to assisting with the compilation, maintenance and sharing of your safety case reports.
Feel free to get in touch with us if this is of interest, or if you’d just like to discuss the new requirements in any more detail.
