BUILDING SAFETY ACT
February 2024 | 51
Building Safety Act: implications for FMs as construction clients 6 April 2024 sees the end of the transitional period for building control applications and the introduction of a new regime which has far reaching implications for those who commission, design and construction all buildings in England where Building Regulations apply
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ollowing in-depth coverage of the Building Safety Act and its far-reaching implications in various issues of FM Director last year, more detailed advice on the progress of the new legislation has been commissioned from Chartered Institute of Building (CIOB) Client Champion Paul Nash. In addition to this role, Mr Nash is a director of Paul Nash Consultancy and provides the considerable benefits of his long experience to explain what FMs and their service provider partners need to know about the responsibilities of the client as a dutyholder under the Building Safety Act and related secondary legislation. I would like to begin by stating that most FMs will be aware of the new dutyholder role of accountable person in connection with operating higher-risk buildings (HRBs) introduced by the Building Safety Act 2022 (BSA). If you did not know, people in the role have a regulated duty to keep occupants safe and to provide a Safety Case Report demonstrating how you are identifying, mitigating and managing building safety risks.
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What you may be less aware of is that the BSA also affects a much bigger group of people: construction clients, ie persons for whom a project is carried out. This group is likely to include many more facilities managers because it is not restricted to work on HRBs but includes any work where Building Regulations (BRegs) apply. If you commission repair and maintenance work that is covered by the BRegs, you now take on new duties as a client and are subject to new requirements, with additional ones if the work relates to an HRB. As the 6 April deadline approaches, it is essential that FMs and service providers familiarise themselves with these changes and are prepared to act.
Focus on compliance Although the end goal of the BSA and related secondary legislation is improved safety for occupants, the focus during design and construction is on tightening compliance to ensure that what is designed and built fully complies with BRegs.
15/02/2024 10:02
