Breaking Down the Building Safety Act - Your Questions Answered

Page 1

Webinar: Breaking Down the Building Safety Act Your Questions Answered

Q: If there is no plan for a residential element to be occupied, does it still form part of the consideration of the overall property being HRB?

A: If the building is or will be over the height and storey threshold and has 2 residential units it will be a HRB (unless it meets the exemptions) even if there are no immediate plans to occupy the residential units.

Q: Clients requirement to monitoring - is this the return of the Clerk of Works?

A: The Clerk of Works would be beneficial to assist in ensuring the works are carried out to building regulations, but it is a Principal Designer’s duty to “coordinate matters relating to the design work comprised in the project so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements” so it is likely to involve more checks - be that site visits, reports from a COW or regular change control monitoring during the construction phase - to be able to confidently sign the compliance declaration at completion.

Q: Can we clarify how the 18m is measured?

A: The official measurement guidance is noted below. Do remember even if you have a building (with 2 resi units) at 17m tall but is 7 storeys this would still be classed as a HRB due to the storey criteria. Prescribed method for measuring height and counting storeys in the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 Regulation 5 sets out the method for measuring height. (1) Subject to paragraph (2), the height of a building is to be measured from ground level to the top of the floor surface of the top storey of the building (ignoring any storey which is a roof-top machinery or rooftop plant area or consists exclusively of rooftop machinery or roof-top plant rooms). Further details available here.

Q: Do basement levels come into the equation?

A: Criteria is noted as: “Regulation 6 sets out the method for counting storeys.

(1) Subject to paragraph (2), when determining the number of storeys a building has the following is to be ignored.

(a) any storey which is below ground level;

(b) any storey which is a roof-top machinery or roof-top plant area or consists exclusively of rooftop machinery or roof-top plant rooms; and (c) any storey consisting of a gallery with an

internal floor area that is less than 50% of the internal floor area of the largest storey vertically above or below it which is not below ground level.

(2) Where a section is a building pursuant to regulation 4 (2) or (4), any storey directly beneath the building which is not below ground level is to be counted in determining the number of storeys the building has.

(3) A storey is treated as below ground level if any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.

Regulation 1 (3) defines ground level for these Regulations. “Ground level”, in relation to a building, means -

(a) where the level of the surface of the ground on which the building is situated is uniform, the level of the surface of the ground immediately adjacent to the building; or

(b) where the level of the surface of the ground on which the building is situated is not uniform, the level of the lowest part of the surface of the ground adjacent to the building.”

Further details are available here.

Q: Can a third party appointed by the client take on the duties of the Principal Designer?

A: Under building regulations Part 2 Section 6, paragraph 11 D is quite clear who the Principal Designer (BREGS) needs to be.

“11D. - (1) Where there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on a project, the client must appoint in writing

(a) a designer with control over the design work as the principal designer for the purposes of these regulations, and

(b) a contractor with control over the building work as the principal contractor for the purposes of these regulations.

The key element here is the wording “a designer with control over the design work” and so is likely to be the Architect in most cases but could be M&E, Civil, Structural if those elements are likely to be of a larger value on the project. It may be that a third party can take the role on as PD BREGS as long as they are in control of the design work, other consultants can then be appointed as designers under a supporting role.

There is a slight variance in that 11D (2) does reference that a CDM Principal Designer can be appointed by the Client to undertake the PD BREGS role. However, under the competence duty

Building Safety Act 2022

11G, the person identified for the PD BREGS must also have the competencies to do so. More info available here.

Q: What are the Notice of Start requirements for refurbishment of existing tall buildings to residential use?

A: Existing Buildings where no foundation works are to take place would be when 15% of the works are completed.

Q: If a PC or PD were to leave the company midway through a project, what would be the consequence?

A: Under Regulation Part 2 Section 6, paragraph 11 M - (5) The principal designer must(b) when the principal designer’s appointment ends, no later than 28 days after the end of the appointment, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3). The incoming PD BREGS will also need to review the document provided by the outgoing PD BREGS and sufficient time should be allowed for this to allow any shortcomings to be identified with regards to building regulations.

Q: Do the rules of a commercial building apply to residential? Are they classified as the same?

A: Yes, there is no differentiation between these types - if the works are subject to building control, the BSA applies.

Q: What is the competency level of PD? On what date in April 2024 will the transition period end?

A: Competencies will be for HRB or Non HRB (or both) - the criteria is defined in BSI PAS 8671:2022. The transition period ends April 6 2024.

Q: What is the process to decide whether a project is HRB or Non-HRB? Who does this and at what point?

A: Existing Buildings that are a HRB should have been already registered to the BSR by the Building Owner/Client. For new projects this will need to be asked as part of the brief or through the development phase. Criteria for Determining a HRB is a building that is either 18m in height or 7 storeys and has at least 2 residential units.

Q: Did you say golden thread is HRB only?

A: Yes this is mandatory for the HRB route only - clients could request this as an extra over to the non HRB route and to be included within the project plan, but it would need the additional resource and deliverables to be agreed prior to starting.

Q: Regarding BSR decision making, are there statutory measures in place to prevent decisions taking longer than 12 weeks or will there be ‘London Fire Brigade’ type delays?

A: Currently there are no measures in place, other than appealing to the secretary of state (which will not speed up the 12 weeks) and not receiving correspondence cannot be taken as an approval. Don’t forget any “major changes” to a HRB that affect building regulations also require a change control application which will also add programme delays to that element as works to that area must stop whilst approval is gained. If works are carried out, these will carry the risk of compliance and stop notices being implemented!

Q: Is there any more guidance on small refurbishment projects in hospitals (that need BC approval) - say replacing a fire door falling into to HRB bracket because one of the buildings on a hospital site could be a HRB (e.g. a tower)? Can the work be carried out as emergency works?

A: HRB refurbishment projects have a reduced statutory timescale from 12 to 8 weeks to pass through gateway 2 (building control approval) so the timescales are slightly less, but still onerous. However, the works will need to be assessed for whether building regulations apply - a like for like replacement of a damaged element for example would not necessarily require building control approval. Also, existing hospitals in-occupation are exempt from the HRB route, so would not be subject to the Gateway process, and works would operate under the Non HRB pathway.

Q: We have some current projects where building regulation sign off was granted several years ago but now we are having to undertake significant remedial works and will be subject to current building regulations/safety act provisions. Can you advise on this?

A: I am assuming the project is a residential block which meets the requirements of a “Relevant” building. Remediation provisions are covered under Part 5 of the Building Safety Act and schedule 8 and applies to “relevant” buildingswhich are those over 11m in height and 5 Storeys. With regards to the remediation works and building control, yes, these will need to be in line with current building regulations so - whilst the building may be flagged as a “relevant” building, it may not meet the criteria of a HRB if under 18m and 7 storeys, and if so can use the Non HRB pathway for approval. If however the building is a HRB then the gateways apply, along with the more onerous requirements for the elements to be remediated. Each project would need to be assessed individually for requirements so a one size fits all approach will not be suitable.

HELPFUL RESOURCES

Navigating the Building Safety Act 2022

Building Safety Act 2022 Legislation

The Building Regulations 2023

Building Control Regime for HRBs

Building Safety Regulator as the Building Control Authority

Change control and notifiable changes

Criteria for determining whether a new building that is being designed and constructed is a “HRB”

Criteria for determining whether a building is a HRB during the occupation phase of the new higher-risk regime

Building Control: An overview of the new regime

GET IN TOUCH WITH STEVE WOOD, LEAD PRINCIPAL DESIGNER

Steve is a qualified Architectural Technologist with experience spanning both the Public and Private Sectors for over 20 years. Steve is responsible for overseeing the Principal Designer team, scheduling and monitoring workload and writing documentation and procedures to improve efficiencies in producing and managing the pre construction stage.

Contact Information

Email: steve.wood@db3group.com

Phone: 07908 718958

Building Safety Act 2022

About DB3

Founded in 1883, DB3 Group is an award-winning, dynamic practice consisting of DB3 Architecture & Design, DB3 Building Services Engineering, DB3 Net Zero, DB3 Professional Services, Formation 3D and Home & Maker.

DB3 Group has seven studios across the UK including in Leeds, London, Birmingham, Manchester, Glasgow, Cardiff and Aberystwyth, so we are never too far away from your project.

Renowned for our quality design and technical delivery, we have long standing relationships with some of the biggest global brands across private and public market sectors.

From architectural vision to the completed build, we provide multi-disciplinary expertise aimed at meeting the diverse needs of our client base. We embrace the latest technology, including Building Information Modelling (BIM), to assist in our

process and operations for design, visualisation, design team co-ordination and more.

We maintain a focus on not only delivering the project on time, with exceptional quality and within cost, but also in ensuring long term value is designed into facilities to ensure that they are easy and safe to operate, sustainable, minimise energy use and are cost effective to maintain.

Our dedicated team of experienced Architects, Project Managers, Building Services Engineers, Interior Designers and Surveyors provide a quality service regardless of project value, size or complexity, to deliver the best for our clients. Working collaboratively, we aspire to make this an enjoyable process and build relationships which result in us returning to work for the same clients on future projects.

SECTORS

ƒ Commercial

ƒ Conservation & Heritage

ƒ Education

ƒ Energy & Waste

ƒ Healthcare

ƒ Hospitality

ƒ Industrial & Manufacturing

ƒ Retail

ƒ Residential

ƒ Science & Labs

ƒ Sports & Leisure

EXPERTISE

ƒ Architecture

ƒ Passivhaus Design

ƒ Urban Design

ƒ Visualisation

ƒ Principal Designer

ƒ NEC Supervisor

ƒ Modern Methods of Construction

ƒ Building Services Engineering

Glasgow

Leeds

Manchester

Birmingham

Aberystwyth

London

Cardiff

About DB3

Architecture and much more

As a multi-disciplinary consultancy, our expertise extends beyond architecture, meaning our clients can pick and choose key areas or combine a number of our service skill sets and project management skills when selecting our single point service offer. DB3 Group offers the following six individual business units.

DB3 Architecture & Design

Providing RIBA Chartered sustainable architecture, urban design and masterplanning, with supporting services including BIM, visualisation and interior design. DB3’s architectural team comprises 35+ architects, supported by a strong team of 50+ technologists and architectural assistants with the capacity to resource projects across all sectors.

DB3 Building Services Engineering

Offering CIBSE Chartered Mechanical and Electrical Engineering to all sectors. The team have particular experience in the leisure sector, having delivered numerous wet and dry leisure facilities across the UK. The team are CIBSE Low Carbon Energy Assessors and offer Thermal Modelling (DSM).

Formation 3D (F3D)

Drone operated aerial surveys, photography and videography by DB3’s in-house CAA qualified drone operators. A low risk, time efficient alternative for building inspections and land surveys. F3D also offers highly accurate 3D data capture & mapping of existing structures using point cloud, RTK and PPK technology, turning into 3D digital models for construction, design & facilities management projects.

DB3 Net Zero

Drawing on the experience of our in-house mechanical & electrical engineers, architects, energy assessors, Passivhaus designers and sustainability experts. Our suite of Net Zero consultancy services is broken down into six categories which cover topics around whole life cycle. These categories include; Carbon, Efficiency, Passivhaus, Wellbeing, Performance & Compliance.

DB3 Professional Services

The team deliver building surveying, retail project management, principal designer, contract administration and NEC supervisor roles, across the UK. Working alongside DB3’s architectural and M&E teams, these roles can be incorporated into a multi-disciplinary offering or procured as an independent service.

Home & Maker

A sister company to DB3 Architecture & Design, Home and Maker provides RIBA chartered online architectural services to domestic residential customers. Drawing on DB3’s many years of home design and construction experience, Home & Maker focuses on designing great homes at an affordable price.

About DB3

Accreditations

AJ100 Company

RIBA Chartered Practice

Certified Passivhaus Designers

CIAT Registered Practice

CIBSE Directory of Practices & Firms

CIBSE Low Carbon Energy Assessors

ISO9001:2015 Quality Management System

ISO14001:2015 Environmental Management System

Altius Approved Elite Vendor

H&S SSIP Accredited, through Eurosafe and Alcumus

Constructionline Gold Member

Achilles RISQS Accredited

Cyber Essentials Plus

Awards

DB3 Group: Winner - Yorkshire Insider Awards 2023

‘Architecture Practice of the Year’; ShrotlistedWest Midlands Insider Awards 2023 ‘Architecture Practice of the Year’; Shortlisted - COBBA 2023 ‘Business Development Professional’; Shortlisted - UKREiiF Awards 2023 ‘Consultant of the Year’ & ‘People & Skills Torchbearer’; ShortlistedCOMBA 2023 ‘Architecture Practice & Business Development Professional’; Shortlisted - Grafters Awards 2023 ‘Architecture Practice’; Winner –COMBA & COBBA 2022 ‘Architect of the Year’; 2021 Digital Enterprise Top 100; Winner – Insider Property Awards 2018 ‘Architectural Practice of the Year’ & ‘Design Excellence’; Shortlisted – BD Awards 2017 ‘Sports & Leisure Architect of the Year’; RICS Design Through Innovation Award 2017; Insider Property Industry Awards 2015 ‘Highly Commended Architectural Firm of the Year’

Helensburgh Waterfront Development: Highly Commended - Argyll & Bute Awards 2023

‘Aesthetic Design’; Finalist - Planning Awards 2023 ‘Outstanding Contribution to Placemaking: Best Use of Arts, Culture or Sport’; Highly CommendedIStructE Awards 2022 ‘Leisure Project’

Llys Cadwyn Regeneration: Winner – Cardiff Property Awards 2021 and Ystadau Cymru 2021 Award for ‘Creating Economic Growth’; Highly Commended – British Construction Industry Awards 2021; CLAW Project of the Year Awards 2021

Adidas Oxford Street: Gold Winner – London Design Awards 2020

Leeds College of Music: Winner – RIBA Regional Award 2015 ‘Small Project Award’; Shortlisted –Insider Property Industry Awards Yorkshire 2018 ‘Regeneration Project of the Year’, Education Estates Awards 2018 ‘Refurbishment Project’, AJ Retrofit Awards 2018 ‘Further & Higher Education’; Constructing Excellence Yorkshire & Humber Awards 2018 ‘Building Project of the Year’

Chancery Lane Residential: Shortlisted –London Construction Awards 2018 ‘London Build Excellence’ & ‘Regeneration Project’

Airedale Air Conditioning: Winner – RICS 2017 Regional Award ‘Design through innovation’

Ysgol Craig Y Deryn School: RTPI Wales Planning Award 2014

Kirkcaldy Leisure Centre: Commended – SCALA Awards 2014 ‘Civic Building of the Year’

MOMA Machynlleth Tannery Gallery: CPRW Awards 2014 ‘Special Award’

Michael Woods Leisure Centre: Highly Commended – SCALA Awards 2014 ‘Civic Building of the Year’; Scottish Property Awards 2014 ‘Architectural Excellence’

Marks & Spencer, Liverpool: Highly Commended –CIAT Award 2010 ‘Technical Excellence’

PAN Emirates, Dubai: Shortlisted – Retail Interiors Awards 2010 ‘Best International Interior’

Threeways School, Bath: BCSE Awards 2009 ‘Inspiring Design for Special Schools’

ASDA Stores Supplier Awards: 2009 ‘Best Consultant’ & ‘Best EDLC (Every Day Low Cost) Initiative’

University of Huddersfield, Creative Art Building: Bronze Awards – RIBA White Rose Award 2009; Commendation – CIAT Award 2009; Shortlisted –RICS Pro Yorkshire Awards 2009

University of Huddersfield, Milton Centre: Winner – Insider Yorkshire Renaissance Awards 2006 ‘Best Restoration Project’

Aberdovey Yacht Club: Winner – Snowdonia National Park Awards 1992 ‘Good Design in the Countryside Award’

St Giles Business Park for the DBRW: Winner –Prince of Wales Design Awards 1990 ‘Good Design Awards’

Llwydcoed Crematorium: Winner - RIBA Wales Architecture Awards 1971

Royal Institution of Chartered Surveyors (RICS): 2017, 2011, 2010

Green Apple Awards: 2015, 2013, 2010, 2009, 2008

LABC Building Excellence Awards: 2013, 2012, 2011, 2010, 2009, 2008

LABC Design Excellence Awards: 2013, 2012, 2009, 2008, 2003, 2002

Leicestershire & Rutland Craftsmanship Awards: 2013, 2012, 2009, 2008, 2003, 2002

Civic Trust Awards: 2012, 2007, 2006, 1993, 1990

BREEAM Awards: 2008, 2007

Montgomeryshire Design Awards: 1997, 1994

0113 244 6931 contact@db3group.com www.db3group.com London Leeds Birmingham Manchester Cardiff Glasgow Aberystwyth

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.