Consultations on new safety regime for occupied buildings and building regulation changes open

The UK’s Department for Levelling Up, Housing and Communities (DLUHC) has opened two new consultations related to the Building Safety Act 2022. The first is a consultation on the new safety regime for occupied higher-risk buildings, while the second relates to implementing the new building control regime for higher-risk buildings and wider changes to building regulations.

Both consultations opened on 20 July and close on 12 October 2022. The Government is inviting stakeholders, such as fire safety professionals, bodies, associations and building safety officials to respond and provide their views.

Consultation on safety regime for occupied higher-risk buildings

This consultation is covering the proposed changes to building regulations under part 4 of the Building Safety Act.

It is seeking views on policy proposals for the in-occupation phase for higher-risk buildings in scope of the new, more stringent regulatory regime. The Act defines higher-risk buildings as those which contain at least two residential units and are at least 18m in height or at least seven storeys.

The new regime is designed to place legal responsibilities on those who commission building work, participate in design and construction (dutyholders) and those who are responsible for managing structural and fire safety in higher-risk buildings when occupied (accountable persons).

The consultation covers:

• Registration and certification
• Accountable person(s)
• Safety case approach
• Mandatory occurrence reporting
• Residents’ voice and duties on residents
• Golden thread contents and how this is stored and managed
• Duties on the accountable person(s) and principal accountable person to share information
• Appeals and enforcement
• Key building information

Find out more and respond to the consultation at the gov.uk website, here.

Consultation on implementing the new building control regime and wider changes to Building Regs

This consultation is covering the proposed changes to building regulations under part 3 of the Building Safety Act. The proposals relate to England only.

It is seeking views on policy proposals for legislation the Government intends to introduce to create the building control procedure for higher-risk buildings, as well as wider changes to improve the building control system overall.

Through the Building Safety Act and its secondary legislation, the Government is seeking to ensure building regulation is fit for purpose across the built environment and where appropriate will apply new approaches in the Act to all building work – not just those in scope of the new regulatory regime for higher-risk buildings. This consultation is designed to hear views on how to do so.

The consultation covers:

• New duty holder and competence requirements on all building work and additional duties for those working on higher-risk buildings
• New hard stops to strengthen building control for higher-risk buildings before a building is occupied
• The approach to Regulator’s notices to support building projects which comprise both higher-risk building work and non higher-risk building work
• Additional requirements for building work carried out in existing higher-risk building work e.g. refurbishments
• Stronger change control during the construction of higher-risk buildings
• The process of certifying building work that have been carried out without building regulations approval (regularisation)
• Establishing greater record keeping and management in higher-risk buildings (golden thread)
• A mandatory occurrence reporting system in higher-risk buildings
• Stronger enforcement and sanctions for all building work
• Wider changes to the building regulations to align the existing system with the new system
• Commencement of building work and transitional provisions for changing to the new higher-risk building regime

Find out more and respond to the consultation on the gov.uk website, here.

Both consultations will close on 12 October 2022.

2023 Fire Safety eBook – Grab your free copy!

Download the Fire Safety in 2023 eBook, keeping you up to date with the biggest news and prosecution stories from around the industry. Chapters include important updates such as the Fire Safety (England) Regulations 2022 and an overview of the new British Standard for the digital management of fire safety information.

Plus, we explore the growing risks of lithium-ion battery fires and hear from experts in disability evacuation and social housing.

Get your copy today!