Guidance on the 2022 Building Safety Act by Hill Group UK

Guidance on the 2022 Building Safety Act

Focused on building quality prac tises

Building Safety Act 2022

Contents 1.

Foreword

Introduction

The Building Safety Act 2022

Timeline

Building Safety Regulator

Scope of Changes to the New Regulatory Framework

Dutyholders

Competency

Gateways Gateway 1 Gateway 2 Gateway 3

10. Mixture of HRBs and Non-HRBs 11.

Construction

12. Golden Thread and Change Control 13. Lapse of Plans and a New Definition of Commencement 14. Occupation 15. Implementation and Transitional Arrangements 16. Building Inspectors and Building Control

Cover: Skyline, Walthamstow

New Union Wharf, Isle of Dogs

Building Safety Act 2022

1. Foreword

Building a Safer Future The morning of 14th June 2017 was a tragic event that will, rightly, shape our thinking in relation to fire, for generations to come. The fire at Grenfell Tower cost the lives of 72 residents, including 18 children, with over 70 additional residents injured.

This new regulatory regime is unprecedented in its scope, scale and speed of implementation and will forever change the way that all parties involved in the built environment manage and prioritise building safety throughout the entire building’s life.

In May 2018, Dame Judith Hackitt published her report Building a Safer Future, Independent Review of building regulations and Fire Safety, which has in turn led to the Building Safety Act 2022 and over 32 pieces of secondary legislation.

Here at The Hill Group, we fully support these changes and are proud to have set industryleading internal building safety policies, and procedures while providing active involvement and support to the government and the new Building Safety Regulator (BSR). We have also demonstrated this commitment to building safety by becoming one of the inaugural Building a Safer Future Charter Champions.

Building a Safer Future Champion status We're proud to announce that we have been awarded Champion status by Building a Safer Future (BSF), in recognition of our commitment to prioritising building safety.

“I want to applaud those who are receiving their awards today. You are leaders and can take pride in the progress you have made on the journey. We now need many more to commit to following the example you have set of driving culture change for the right reasons rather than waiting for regulators to drive the change” DAME JUDITH HACKITT, CHAIR OF THE INDEPENDENT REVIEW OF BUILDING REGULATIONS AND FIRE SAFET Y AND CHAIR OF THE INDUSTRY SAFET Y STEERING GROUP

The new regulatory framework is far-reaching in both scope and implications for the entire industry and affects the construction of all buildings, however, there are very significant implications on organisations designing, building or managing buildings >18m (seven storeys); a size of building that is key to our business.

I look forward to your continued support in making our homes safe places to live and ask that you take the time to read this and raise any questions you may have with your line manager or senior management team.

We have produced this detailed guidance document to explain the key aspects of the framework and some regulations that will impact the way we operate here at Hill, what these changes are and how they impact you. Whilst we have been quietly working on changing internal processes to reflect these new regulations, they do constitute an unprecedented comprehensive suite of changes that will touch on most areas of our organisation. It is, therefore, important that we all understand these and our responsibilities under them.

Andy Hill, OBE Group Chief Executive

Building Safety Act

2. Introduction

Making the Changes Following the Grenfell fire tragedy in 2017, the Secretary for Housing Robert Jenrick introduced a draft of the Building Safety Bill into the House of Commons in 2021. This Bill followed a three year scrutiny and public consultation process with significant amendments made to this re-drafted document during it’s passage through Parliament, resulting in the final Royal Assent being achieved on 28th April 2022.

The Building Safety Act 2022, is a high-level enabling act that opened the door for new regulation and amendments to existing legislation applicable to England, with selected provisions to be adopted in the devolved nations. The scope of change to the regulatory framework is designed to completely remodel the culture and practises of the entire industry. Whilst some changes effect higher-risk buildings (HRBs) only, many changes will effect all construction, regardless of height.

Content referenced in speech marks throughout this guidance report has been taken from the Department for Levelling Up, Housing and Communities, Building Safety Act 2022, and its associated secondary legislation, regulations, and guidance documents. See below for a full list of reference sources.

y The Building Safety Act 2022. www.legislation.gov. uk/ukpga/2022/30/contents/enacted

y The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023. www.legislation.gov.uk/ uksi/2023/909/contents

y The Building Regulations etc. (Amendment) (England) Regulations 2023. www.legislation.gov.uk/ uksi/2023/911/contents

y The Building Safety Act 2022 (Commencement No. 3 and Transitional Provisions) Regulations 2022. www. legislation.gov.uk/uksi/2022/1210/made

y The Building Safety Act 2022 (Commencement No. 4 and Transitional Provisions) Regulations 2023. www. legislation.gov.uk/uksi/2023/362/contents/made

y The Fire Safety (England) Regulations 2022. www. legislation.gov.uk/en/uksi/2022/547/made

y The Building (Approved Inspectors etc. and Review

y HSE publication. Building Control: An overview of the

of Decisions) (England) Regulations 2023. www. legislation.gov.uk/uksi/2023/906/contents

new regime. www.hse.gov.uk/building-safety/assets/ docs/regime-overview.pdf

y The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023. www.legislation. gov.uk/ukdsi/2023/9780348243963/contents

y The Building Safety (Registration of Higher-Risk Bulldings and Review of Decisions) (England) Regulations 2023. www.legislation.gov.uk/ uksi/2023/315/made

y The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. www. legislation.gov.uk/uksi/2023/275/contents

y The Building (Public Bodies and Higher-Risk Building Work) (England) Regulations 2023. www.legislation. gov.uk/ukdsi/2023/9780348245233

y The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023. www. legislation.gov.uk/uksi/2023/907/made

y Building Regulations Advisory Committee: golden thread report, dated 21st July 2021. www.gov.uk/ government/publications/building-regulationsadvisory-committee-golden-thread-report/buildingregulations-advisory-committee-golden-threadreport

y Government response to the consultation on implementing the new building control regime for HRBs and wider changers to the building regulations for all buildings. Updated 17th August 2023. www. gov.uk/government/consultations/consultationon-implementing-the-new-building-control-regimefor-higher-risk-buildings-and-wider-changes-tothe-building-regulations-for-all-buildings/outcome/ government-response-to-the-consultation-onimplementing-the-new-building-control-regime-forhigher-risk-buildings-and-wider-changes-to-thebuilding-re

y Government response to the consultation on changes to the building control profession and building control process for approved inspectors (in future to be known as registered building control approvers). Updated 17th August 2023. www.gov. uk/government/consultations/changes-to-thebuilding-control-profession-and-the-buildingcontrol-process-for-approved-inspectors/outcome/ government-response-to-the-consultation-onchanges-to-the-building-control-profession-and-thebuilding-control-process-for-approved-inspectorsin-fut

y The Building Safety Act 2022 (Commencement No. 1,

y Criteria for being a Higher-Risk Building during the

Transitional and Saving Provisions) Regulations 2022. www.legislation.gov.uk/uksi/2022/561/contents/ made

occupation phase of the new higher-risk regime, dated 21st June 2023. www.gov.uk/guidance/ criteria-for-being-a-higher-risk-building-during-theoccupation-phase-of-the-new-higher-risk-regime

y The Building Safety Act 2022 (Commencement No. 2) Regulations 2022. www.legislation.gov.uk/ uksi/2022/927/contents/made

Building Safety Act

3. Building Safety Act 2022

The Act Contains:

171 clauses and 11 schedules split broadly across six parts:

Part 1

Part 2

Part 3

Introduction

Regulator and its functions

Building Act 1984

Details the structure over five parts and highlights that provisions are intended to secure the safety of people in or about buildings and to improve the standard of buildings.

Establishes a new BSR (BSR) within the HSE. The new BSR will oversee all building control functions.

Amends the Building Act 1984 (for England), to set out which buildings will be in scope for this part and to set out the new regulatory regime during the commissioning, design and construction phase. Changes to the regime will apply to all building work, with additional requirements for buildings in scope. Puts requirements in place for the registration of building inspectors and building control approvers to improve competence levels in the building control sector.

Chobham Farm, Stratford

Part 4

Part 5

Part 6

HRBs

Other provisions about safety, standards etc.

General

Sets out which buildings will be in scope and the requirements for them when they are occupied, including duties on the accountable person (the dutyholder in occupation) in relation to building safety risks in their building. It also sets out obligations on residents.

Provisions requiring developers to belong to a New Homes Ombudsman scheme. Powers to regulate construction products (through statutory instruments). Increased powers for the Architect Registration Board to monitor the competence of architects. Removal of the ‘democratic filter’ which requires social housing residents to refer unresolved complaints to a ‘designated person’ or wait eight weeks before they can access redress via the Housing Ombudsman.

Covers general provisions around the commencement of provisions in the Act, as well as covering application to the Crown Estate, and general provisions relating to regulation.

Agar Grove, Camden

Building Safety Act

4. Timeline

What Happens Next: A timeline outlining the roll-out of the Building Safety Act 2021

2022

1st August 2021

28th April 2022

Gateway One (or The Planning Gateway), came into force via an amendment to the existing planning cap legislation. The BSR become a statutory consultee.

Building Safety Act 2022 received Royal Assent and became law.

28th June 2022 Changes to the Defective Premises Act came into force. Claims arising before 28th April 2022 extended from six to 30 years. Claims arising after 28th April extended from six to 15 years.

Harrow One, Harrow

2023

2024

23rd January 2023

6th April 2024

Fire Safety (England) Regulations 2022 additional duties on responsible persons of buildings containing two or more dwellings with common parts.

End of new regulatory regime gateways transitional arrangements – site commencement required or HRBs to BSR control.

April 2023

Building inspector and building control approvers registration period completed. Initial notices cease on projects having unregistered building control bodies.

Registration of existing 11,000 buildings with the BSR commences. (To be completed by October 2023)

BSR starts to call in existing buildings for assessment and issue building certificates.

1st October 2023 Registration deadline for existing 11,000 buildings with the BSR. New Regulatory regime with BSR directly responsible for building control function on HRBs. New process for HRBs (BSR act as Building Control Body.) Introduction of Gateway 2 and 3 process with a six month transitional period to April 2024. New dutyholder roles.

Building Safety Act

5. Building Safety Regulator (BSR)

What's New

Explaining the role of the new Building Safety Regulator The Building Safety Act establishes a new BSR, within the Health and Safety Executive, reporting to the Secretary of State. In a major change to how building regulations are governed and overseen, the BSR will take control of building regulations, approved documents and building control. They are responsible for developing and implementing the regulatory regime and establishing and consulting with three advisory committees on building, industry competence and resident representation. For HRBs a new multidisciplinary team will be created to bring together the BSR, registered building inspectors and Fire and Rescue authorities. This new function is in addition to statutory consultations and will ensure the right specialists and regulators work effectively together to regulate HRBs.

New Union Wharf, Isle of Dogs: A four phased regeneration of 399 modern, energy-efficient homes and spacious open areas. The project features five 14-storey towers on the banks of the River Thames.

The BSR will: y Be the overseeing body responsible for ALL buildings (not just tall buildings). y Become the building control authority for HRBs. y Oversee the inspection of HRBs during their design and construction through the new Gateway process. y Be responsible for registering HRBs and assessing safety cases for those buildings during their occupation.

The three main functions of the BSR are:

Overseeing the safety and performance system for all buildings, including advising ministers on changes to building regulation, managing emerging risks in the built environment and managing the performance of building control bodies and inspectors.

Assisting and encouraging the improvement of competence in the built environment industry and amongst building control professionals to improve building standards.

Leading implementation of the new, more stringent regulatory regime for HRBs, including powers to order remedial works and stop non-compliant works. The BSR may also implement special measures for failing projects and order the replacement of key dutyholders (client, principal designer, principal contractor and accountable person) and fire safety officers.

Building Safety Act

6. Scope of Changes to the New Regulatory Framework

All Buildings

Buildings ≥11m and <18m

1 – All Buildings

2 – HRBs

New duties and processes that apply to ALL buildings

Enhanced new duties and processes that apply to HRBs only

New Duties and Processes

BSR governance & new enforcement powers New dutyholder roles New Building Inspector registration and competency New competency requirements Wider changes to building regulations to align the existing system with the new system New Building Safety Levy

Mosaics, Barton Park, Oxford

Buildings ≥18m or seven storeys

3 new hardstop ‘Gateways’ BSR to directly oversee Building Control Change control process Golden thread Mandatory occurrence reporting New accountable person role Register of buildings >18m / seven storeys Transitional arrangements (change to the definition of commencement)

Prospect Ring, East Finchley

How is the height measured and what floors are included? The HRBs (descriptions and supplementary provisions) Regulations 2023 confirm:

New Category of Building, Higher-Risk Building (HRB) The Act introduces a new regulatory regime for HRBs, defined as buildings in England that are at least 18 metres in height or have at least seven storeys and contain at least two residential units. The new regulatory framework introduces enhancement to processes and roles in addition to a completely new building safety framework for HRBs, from planning, design, construction and throughout occupation.

The height of the top storey is measured from upper floor surface of top floor to ground level on the lowest side of building.

y "The building containing seven or more storeys should be determined ignoring any storey which is below ground level (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) and counted from the ground level on the lowest side of the building." y "A mezzanine/gallery counts as a separate storey if its internal floor area is at least 50% of the internal floor area of the largest storey in the building, which is not below ground level."

The height of the top storey excludes rooftop plant areas and any top storeys consisting exclusively of plant rooms.

>18m / 7 Storeys

Plant

y "The top storey of the building being 18 metres or more in height should be determined ignoring any storey which is a roof-top machinery, plant area or consists exclusively of machinery or plant rooms. This should be measured from the ground level on the lowest side of a building to the top storey upper floor surface."

The roof of a building should not be counted as a storey, even if it is used by, or anticipated to be used by residents (e.g. as a rooftop garden). Whilst rooftop gardens and residents' amenity spaces are not considered as storeys when determining if a building is a HRB, this should be considered within the overall fire strategy of the building.

Building Safety Act

6. Scope of Changes to the New Regulatory Framework

Guidance on the 2022 Building Safety Act 2022 Addendum higher-risk building (HRB) definition On 21st June 2023, the government published the ‘Criteria for determining whether a building is a higher-risk building during the occupation phase of the new higher-risk regime’. At various industry workshops this was presented as the new definition for higherrisk buildings (HRBs) and therefore included in The Hill Group’s Guidance on the 2022 Building Safety Act.

On 19th October 2023 (19 days after the new regime was implemented), the government published a suite of three definition documents (two additional definitions to that published in June). This document now incorporates the new definitions during design and construction as well as occupation phases of a building’s life cycle

The government's criteria for being a HRB during the design and construction phase clarifies situations where buildings are joined or share a common podium ONE HRB

ONE HRB Section 3 HRB

Section 5 HRB

Section 1 HRB Plant

Plant

EXIT

12m / 5 Storeys

EXIT

Sections 1 and 2 share a common foundation and are considered one overall structure and therefore 'one building'.

EXIT

Sections 3, 4 and 5 share a common foundation and are considered one overall structure and therefore 'one building'.

EXIT

COMMERCIAL/RETAIL EXIT

EXIT PODIUM

EXIT

>18m / 7 Storeys

12m / 5 Storeys

EXIT

>18m / 7 Storeys

Section 2 Non HRB

EXIT

Plant

EXIT

Section 4 Non HRB

While there are three government definition documents, two of these contain identical definitions, so for clarity, these have been merged.

1. During the design and construction phase of a building

2. During occupation or where building works are being carried out to an existing building

Criteria for determining whether a new building that is being designed and constructed as a “higher-risk building”, DLUHC 19th October 2023.

Criteria for determining whether a building is a higher-risk building during the occupation phase of the new higher risk regime, DLUHC 21st June 2023 (updated 19th October 2023).

www.gov.uk/guidance/criteria-for-determiningwhether-a-new-building-that-is-being-designedand-constructed-is-a-higher-risk-building

www.gov.uk/guidance/criteria-for-being-ahigher-risk-building-during-the-occupationphase-of-the-new-higher-risk-regime

During the design and construction phase, all sections, structures or buildings that share a common foundation or party wall are merged into one higher-risk building. These individual elements may not in their own right be HRBs, but, when combined with any section that meets the height or occupancy definition of a HRB, will be deemed part of an HRB.

Criteria for determining whether an existing building is a higher-risk building during building work, DLUHC 19th October 2023. www.gov.uk/guidance/criteria-for-determiningwhether-an-existing-building-is-a-higher-riskbuilding-during-building-work

ONE HRB

Section 6 HRB

Section 8 HRB

Plant

Sections 8 and 9 are independent buildings but are attached by a party wall and therfore deemed to be one HRB.

>18m / 7 Storeys EXIT

16m / 6 Storeys

12m / 5 Storeys EXIT

EXIT

12m / 5 Storeys EXIT

Sections 6 and 7 are independent buildings but are attached by a party wall and therfore deemed to be one HRB.

>18m / 7 Storeys

Section 9 Non HRB

>18m / 7 Storeys

Section 7 Non HRB

EXIT

Building 10 Non HRB

Rooftop gardens and amenity spaces are not counted when determining if a building is a HRB.

Building Safety Act

6. Scope of Changes to the New Regulatory Framework

How this works in practise

These individual buildings within the combined HRB will progress through Gateway 3 as applicable. If the building is not to become an HRB ‘in occupation’ as defined in (2) above, no Accountable Person will need to be appointed.

Subject to the criteria noted on previous page, during the design or construction phase, individual buildings may be combined into one HRB. This combined HRB will be subject to the requirements of the new regime, including both Gateways 1 and 2.

As soon as the process passes through Gateway 3 and a Completion Certificate is issued, the definition of a HRB ‘in occupation’ applies. If the completed building meets the ‘in occupation’ definition, it will require registering prior to occupation, as noted elsewhere in Hill’s guidance document. Buildings that no longer meet this HRB ‘in occupation’ definition will fall outside the new regime for HRBs.

Where individual buildings within the combined HRB are subject to different completion dates, these should be described within the Partial Completion Strategy [one of the prescribed documents within the building control application to the Building Safety Regulator (BSR)].

The government's criteria for being a HRB during occupation or where building work is being carried out to an existing building clarifies situations where buildings are joined or share a common podium

Building 3 HRB

Building 5 HRB

Building 1 HRB Plant

Plant

EXIT

12m / 5 Storeys

EXIT EXIT

EXIT

COMMERCIAL/RETAIL

Buildings 1, 2, 3, 4 and 5 are independent structures and buildings

EXIT

>18m / 7 Storeys

12m / 5 Storeys PODIUM

EXIT

>18m / 7 Storeys

Building 2 Non HRB

EXIT

Plant

EXIT

Building 4 Non HRB

Motion, Leyton

Building 6 HRB

Building 8 HRB

Plant

Buildings 8 and 9 have access to the other section within the overall structure and is therefore not independent. The whole building (8 and 9 combined) is a HRB.

>18m / 7 Storeys EXIT

16m / 6 Storeys

12m / 5 Storeys EXIT

EXIT

12m / 5 Storeys EXIT

Buildings 6 and 7 are independent structures and buildings. Only building 6 is a HRB

>18m / 7 Storeys

Building 9 Non HRB

>18m / 7 Storeys

Building 7 Non HRB

EXIT

Building 10 Non HRB

Rooftop gardens and amenity spaces are not counted when determining if a building is a HRB.

Building Safety Act

7. Dutyholders

Dutyholder Roles

The responsibilities that are assigned to the varying dutyholding roles Key specified dutyholders are: Prescribed dutyholders and associated responsibilities are as follows:

The Act sets out a regime of newly defined dutyholders which will apply to all buildings. Enhanced duties will apply to dutyholders working on HRBs including the creation of a new accountable person role for such buildings. Dutyholders will have legal obligations in respect of their duties competence requirements, and those who fail to meet key building safety obligations will be guilty of a criminal offence contrary to Section 35 of the Building Act 1984. They take responsibility for ensuring that buildings are safe and compliant with building regulations. Where a dutyholder is a corporate entity, individuals within that organisation may also be prosecuted where a breach has been committed with their consent, connivance or as a result of their neglect.

1 Client: external client or Hill.

2 Principal designer: responsible for overseeing the design - typically Hill.

Designer: anyone producing designs such as, designers, architects, structural engineer, supplier or subcontract designers etc.

3 Principal contractor: responsible for overseeing the construction - Hill.

Contractor: subcontractor supply chain.

Additionally (and only relative to HRBs):

4 Principal accountable person: responsible for the building safety in occupation - external client, Hill or management company.

Accountable person: Where applicable, responsible to the principal accountable person.

The following general duties apply to all dutyholders. During the design and construction, they must:

Plan, manage and monitor their work to ensure that the building work complies with building regulations.

Co-operate with other dutyholders e.g. share information, have effective routes of communication, and support other dutyholders in achieving compliance with the regulatory requirements imposed by the new regime for HRBs, including meeting gateway two and three, golden thread and mandatory occurrence reporting requirements.

Ensure they, and the people they appoint, are competent (have the necessary skills, knowledge, experience and behaviours and, where organisations are involved, the appropriate organisational capability) to carry out design and building works and only undertake work within the limits of that competence.

Clients The client is the person for whom the building work is done. In addition to general duties, the client will have the following duties: Make suitable arrangements for the planning, managing and monitoring of a project, including the allocation of sufficient time and resource to deliver compliance with building regulations. In practise, this means appointing the right people, with the right competencies (skills, knowledge, experience and behaviours or organisational capability) for the work and that those they appoint have systems in place to ensure compliance with building regulations. The client will appoint a principal designer to be in control of the design work and a principal contractor to be in control of the building work.

Juniper House, Walthamstow Sir Keir Starmer visiting Juniper House in Walthamstow, East London. The development is being built in partnership with Waltham Forest Council.

Provide and have arrangements to ensure that information is provided to every designer and every contractor on the project, and that they are made aware that the project includes any HRB work. Co-operate and share information with other relevant dutyholders.

Building Safety Act

7. Dutyholders

Designers Any person who, in the course or furtherance of a business, carries out any design work, or arranges/instructs someone under their control to carry out design work, will be a designer. In addition to general duties, the designers will have the following duties: To not start design work unless satisfied that the client is aware of their duties. When carrying out design work the designer must ensure that, if built, the building work to which the design relates would be in compliance with all relevant requirements. In providing a design, a designer must take all reasonable steps to provide sufficient information about the design, construction and maintenance of the building to assist the client, other designers and contractors to comply with all relevant requirements. Where a designer is carrying out only part of the design of the building work, the designer must consider other design work which directly relates to that building work and report any concerns in relation to compliance with relevant requirements to the principal designer.

Principal Designers Additional duties applicable to the principal designer: y Plan, manage and monitor the design work during the design phase. y Co-ordinate matters relating to the design work to ensure that, if built, the building work to which that design relates will comply with the building regulations. y Ensure that they, and all designers working on the project, co-operate, communicate and co-ordinate their work with the client, the principal contractor and other designers. y Liaise with the principal contractor and share information relevant to the building work. y Assist the client in providing information to other designers and contractors.

Contractors Any person who, in the course or furtherance of a business, carries out, manages or controls any building work will be a contractor. In addition to general duties, the contractors will have the following duties: To not start building work unless satisfied that the client is aware of his duties. Contractors must provide each worker under their control with appropriate supervision, instructions and information to ensure that the building work is in compliance with all relevant requirements.

Principal Contractors Additional duties applicable to the principal contractor: y Plan, manage and monitor the building work. y Co-ordinate matters relating to the building work to ensure that it complies with building regulations. y Ensure that they, and the contractors in the team, co-operate, communicate and co-ordinate their work with the client, principal designer and other contractors. y Liaise with the principal designer and share information relevant to the building work. y Assist the client in providing information to other designers and contractors.

Building Safety Act

7. Dutyholders

Accountable Person/Principal Accountable Person The Act creates in-occupation obligations and establishes the role of the accountable person who will legally be responsible for the safety of HRBs. Accountable persons may be individuals or corporate entities, who will hold either a legal estate in possession of the common parts of the building or a relevant repairing obligation in respect of the common parts. Landlords or management companies are anticipated to be accountable persons.

For HRBs with complex ownership structures, meaning that there is more than one accountable person, a principal accountable person needs to be identified. The principal accountable person will be the person or organisation who holds a legal estate in, or possession of, the structure and exterior of the building. Accountable persons who fail to meet key obligations will be guilty of a criminal offence, punishable by imprisonment for up to two years and/or a fine.

The duties of the accountable person (or the principal accountable person, where relevant) include:

Fish Island Village, Hackney Wick

y Registering a HRB within 28 days of a direction from the BSR. y Registering any existing HRB with the BSR between April 2023 – October 2023. y Prior to completion (and the Gateway 3 completion certificate application), assess the golden thread information received and confirm via a formal joint signed declaration (with the cient) confirming that the golden thread information was appropriately provided to the relevant person and the relevant person has received them. y Following the successful issue of a Completion Certificate (Gateway 3), the accountable person must register the building with the BSR, providing proof of the Completion Certificate. This must be registered PRIOR to OCCUPATION.

Typical Hill Residential projects Client: Hill / SPV / JV Principal designer: Hill Principal contractor: Hill Accountable person: Hill (initially) / Management Company / JV Partner

Dunedin Road, Leyton

y Submission of key building information to the BSR via an online tool within 28 days of registration of the building. The BSR may publish this information (subject to exemptions on data that may have privacy or security implications). y Ongoing obligations to assess and prevent fire safety risks and maintain and update the safety case for the building. y Adherence to the requirements of the Fire Safety (England) Regulations 2022 (described as the responsible person). y Provide residents with key building safety and fire safety information and developing a resident engagement strategy.

Typical contract build projects Client: client organisation Principal designer: Hill Principal contractor: Hill Accountable person: client organisation

Building Safety Act

7. Dutyholders

Accountable persons and the principal accountable person manage the fire and structural safety risks of higher risk residential buildings. This guidance will help you understand these roles and their legal duties as set out in the Building Safety Act 2022.

Accountable Person An accountable person is an individual or organisation that owns or has a legal obligation to repair any common parts of the building.

Common parts are used by residents, such as: y The structure and exterior of the building y Corridors y Lobbies y Staircases

Examples of an accountable person are: y Freeholder or estate owner y Landlord

Principal Accountable Person Each building must have one clearly identifiable accountable person, known as the principal accountable person. This can be an individual or an organisation, like a commonhold association, local authority or social housing provider.

Check who it is If there is just one accountable person for a building, then they will be the principal accountable person. When there are multiple accountable persons, then whoever owns or has a legal obligation to repair the structure and exterior of the building is the principal accountable person.

y Management company y Resident management company y Right to manage company y Commonhold association

Accountable persons and the principal accountable person can be accountable for the fire and structural safety risks of more than one building.

Clarity about who is accountable Accountable persons and the principal accountable person cannot delegate their legal obligations to others. They can employ an individual or an organisation, like a managing agent, under a contract to carry out duties on their behalf. However, the accountability for making sure those duties are carried out and the liability for a building’s safety remains with the accountable persons and principal accountable person. If the principal accountable person is an organisation, someone within the organisation should be the single point of contact for the BSR. This individual should have authority or duties relating to the safety of the building, however, this does not make them the principal accountable person. It is the organisation that is the principal accountable person. When a building is operated through a complex leasehold structure, then the accountable person is any individual or organisation that owns or has a legal obligation under their lease to repair and maintain any of the common parts.

If there is uncertainty about who is an accountable person or principal accountable person an interested party can apply to the Firsttier Tribunal for a decision.

An interested party can be: The BSR An individual or organisation who owns, or claims to own, any part of the common parts A person or organisation who has, or claims to have, a repairing obligation for any part of the common parts

How accountable persons work with Responsible Persons (Fire Safety) A Responsible Person is a role under The Regulatory Reform (Fire Safety) Order 2005. In some buildings, an accountable person or the principal accountable person will also be the Responsible Person. Where this is not the case, building safety information must be shared across these roles and any information shared must meet data protection requirements.

Building Safety Act

7. Dutyholders

Legal Duties Accountable persons are responsible for assessing and managing the risks posed to people in and about the building from structural failure or the spread of fire in the parts of the building they are responsible for.

Accountable persons are responsible for the following parts of a building:

To do this, accountable persons must:

y Balconies

Put measures in place to prevent building safety risks happening and reduce the severity of any incident that does happen Report certain fire and structural safety issues or incidents Engage with residents about the building’s safety Keep, update and provide information about the building Transfer building safety information to any incoming accountable person Notify the BSR if there’s a change to an accountable person

y The common parts

y Any other part of the building that is not covered by the Regulatory Reform (Fire Safety Order) If there are multiple accountable persons for a building, they must work together and share safety information about the building.

Additional Duties for the Principal Accountable Person

The principal accountable person must manage the building’s safety by:

The principal accountable person must register the building with the BSR. As part of the registration process they must:

y Putting together a safety case for the building and preparing a safety case report

Submit structure and safety information about the building Notify the BSR of any changes to the information submitted at registration The principal accountable person must also make sure that the structural and fire safety risks are managed properly for the whole building. The principal accountable person must check that all accountable persons for the building have: Identified and assessed the fire and structural risks in their parts of the building Taken steps to prevent incidents from happening Put measures in place to lessen the severity of any incident

y Operating a reporting system to record building safety issues and incidents y Operating a complaints system to investigate concerns about the building’s safety risks or the performance of an accountable person y Displaying required information and documentation clearly within the building y Preparing and updating a residents’ engagement strategy so that residents and owners can participate in making building safety decisions y Applying for a building assessment certificate when directed by the BSR The principal accountable person must notify the BSR about changes to the: y Building’s safety risks y Safety case report

Breach of Duties The BSR will work with the accountable person or principal accountable person to resolve any potential non-compliance. If the matter cannot be resolved, the BSR can take a range of enforcement actions, including issuing compliance notices and in some cases, prosecution. In extreme cases, the BSR can apply for a special measures order, appointing a special measures manager to take over the building safety duties from all accountable persons for the building.

Building Safety Act

8. Competency

Core Competency

Outlining the requirements in competency for all roles and enhanced competencies when working on HRBs

The Building [Appointment of Persons, Industry Competence and Dutyholders (England)] Regulations will impose a general competency requirement on any person carrying out any building or design work. The intention of the new regulatory regime is to ensure that everyone doing design work or building work is competent to carry out their work in a way that is compliant with building regulations. It is intended that building regulations set out the duties for anyone who participates in or manages work to have the appropriate skills, knowledge,

experience and behaviour. If they are an organisation, they should have the organisational capability to carry out work in a way that it is compliant with the building regulations. It is recognised that competent individuals may be supported by other individuals who may not be fully competent. In addition, newly trained individuals need to be given the opportunity to gain experience of working. In these cases, there must be a process of obtaining the relevant competence and must be appropriately supervised by someone who is competent.

The British Standards Institution has published detailed competency standards for principal designer (PAS 8671), principal contractor (PAS 8672) and the management of safety in residential buildings (PAS 8673:2002). These establish general levels of competence and enhanced competence for those working on HRBs.

Anyone who appoints persons to carry out design work or building work must take reasonable steps to ensure that those they appoint meet the competence requirements for their roles. The role of the principal designer and principal contractor can be carried out by individuals or organisations. Those appointed to the role of principal designer or principal contractor must have appropriate competence, or if they are an organisation, the organisational capability, to fulfil their duties under these regulations. Where these roles are carried out by an organisation, the organisation will be responsible for fulfilling all their duties as principal designer

and principal contractor. In doing so, they will be relying on their organisational capability, including having in place a robust management system and a team of people with relevant competence. In practise, organisations will usually have individuals, with the relevant competence who lead, oversee and manage the project, supported by a team with a range of expertise. This should enable an organisation to fulfil its duties as the principal designer or the principal contractor on a particular project. The BSR has the power to order the replacement of a dutyholder if they feel they lack suitable competence.

Building Safety Act

8. Competency

Enhanced Competencies Explaining the additional competency requirements placed on dutyholders when working on HRBs

On HRBs, clients (and other dutyholders) must keep a record of the steps they take to satisfy themselves that the proposed / appointed people or organisations have the relevant competence for the roles. This will include Hill when appointing designers, subcontractors and suppliers (if they have any design responsibility). This record must be provided to the BSR at Gateway 2 as part of the Competency Declaration. In assessing this as part of the application, the BSR will have regard to government guidance or recognised industry standards in relation to the competence of the principal designer, principal contractor and other relevant trades and professions. In addition to general minimum levels of competency, the principal designer, Designers, principal contractor and Contractors must all have an enhanced level of competency when working on HRBs. This increased level of competency reflects the increased complexity and risks associated with such buildings, in addition to the higher criticality of performance and fire engineering principles.

Designers and constructors need enhanced competency required to design and build more complex buildings, ensuring that elements critical to the functional performance of the building are constructed correctly. This enhanced competency is also important for the Accountable Persons responsible for keeping the building safe during occupation and use. Under the new regulatory regime, the BSR will review the selection of the Principal Dutyholders working on HRBs to ensure that they have the necessary demonstrable competency requirements.

What is Competency?

KNOWLEDGE

SKILLS

Have sufficient knowledge to know what you are doing, when this is exceeded and help/support is required

Being able to confidently and proficiently put your knowledge into practise

EXPERIENCE

BEHAVIOUR

Practical wisdom and skills gained over time by doing the job

Doing the right thing with honesty and integrity openly admitting your limitations

Serious Infractions

At Hill we are currently on a journey to improve our competency and processes. In March 2023, we became one of a very select group of organisations to achieve Building a Safer Future Charter Champion status, demonstrating that our culture and processes have strong foundations and framework in relation to building safety. Bespoke training is being developed with NHBC for all operational staff working on HRBs to ensure that they have the necessary enhanced knowledge to operate competently on these types of buildings. Internal process and system improvements to incorporate necessary changes are being rolled out across the organisation. Changes being made to our selection and procurement processes, including Constructionline and SupplyBase to vet competency and infractions within our supply chain. Development of technical policies and standard details to assist in providing a consistent, compliant approach.

In addition, in the interests of public safety the dutyholders must also check that no one they appoint has a serious infraction and to consider whether previous conduct, in particular any serious infraction, might call into question their competence in relation to works on HRBs. A serious infraction means that up to five years before the appointment is being considered, the person or organisation in question has been subject to: y The issue of a compliance notice in relation to a contravention of Part A (Structural Failure) or Part B (Fire Safety) of Schedule 1 to the building regulations 2010. y The issue of a stop notice in relation to a contravention of any requirement of, or imposed under, the building regulations. y The conviction of an offence under the Health and Safety at Work Act 1974, the Building Safety Act 2022, the Building Act 1984, or the Regulatory Reform (Fire Safety) Order 2005. y A finding by a formal inquiry of behaviour that directly resulted in loss of life, the deliberate misleading of customers or amounted to the failure to meet regulatory requirements. A process for competency declaration and infractions self-declaration has been introduced into our standard Constructionline prequalification questionnaire (PQQ) assessment process for our supply chain.

Building Safety Act

9. Gateways

Higher Risk Buildings

New hard-stop gateways development life cycle from planning through to occupation GATEWAY

GATEWAY

Planning

Pre-construction

Pre-occupation

On HRBs, three new hard-stop gateways have been introduced for HRBs.

GATEWAY

Planning

Full design developed (RIBA Stage 4) to demonstrate compliance with building regulations

Application validation process

Notice to BSR Notice of intention to start work GATEWAY

Notice to BSR

Notice when works have met new definition of commencement

Pre-construction

12 weeks 5 working days prior to starting work Works cannot commence on site until Gateway 2 is successfully passed

Planning Application

Building Control Application to BSR

Planning Authority to consult with BSR

BSR to consult with Fire and Rescue Service and sewage undertaker (max 15 working days response time established for this consultation)

*A staged approach and phased completion(s) are possible – refer to page 38

Motion, Leyton

GATEWAY

Building constructed and completed

Application validation process

Ongoing Management of the occupied building

Pre-occupation

8 weeks

28 days

Occupation

Completion Certificate Application BSR to consult with Fire and Rescue Services and sewage undertaker

Submission of key building information

Building Registration The building cannot be occupied prior to registration

Building Safety Act

9. Gateways

GATEWAY

Planning

Gateway 1 (or Planning Gateway), was removed from the Building Safety Act and came into force on 1st August 2021 via an amendment to the existing planning legislation. It requires fire safety information about the proposed building works. The HSE (BSR) becomes a statutory consultee. The BSR provides the substantive response to Local Planning Authorities and offers advice as necessary. They also offer a very limited preapplication advice service to developers. Developers must submit a fire statement setting out fire safety considerations specific to the development with a relevant application for planning permission which involves one or more relevant HRBs.

Gateway 1 Fire Statement – contents y The principles, concepts and approach relating to fire safety that have been applied to each building in the development y The site layout y Emergency vehicle access and water supplies for firefighting purposes y What, if any, consultation has been undertaken on issues relating to the fire safety of the development; and what account has been taken of this y How any policies relating to fire safety in relevant local development documents have been taken into account

This is not a building regulations submission and the HSE (BSR) should limit their consideration of the fire statement to fire safety matters as they relate to land use planning matters (e.g. site layout, water supplies for firefighting purposes and access for fire appliances).

Building Safety Act

9. Gateways

GATEWAY

Pre-construction

Gateway 2 replaces the building control deposit of the plans stage and must be satisfied before construction works can commence on HRBs. It will be an offence to commence work in a new HRB (including converting a building into a HRB) without passing through the Gateway 2 hard-stop process. The stated aim of this gateway is to change current ‘build then design’ practises and to ensure that building safety is given top priority from the outset. All fire, structural and other design demonstrating compliance with the functional requirements of the building regulations must be completed to the equivalent of RIBA Stage 4. Prior to submitting the building control approval application, early engagement between the dutyholders and the BSR is encouraged to discuss the development, including draft plans and documentation that they intend to submit to the regulator formally. Two weeks advance warning of the intention to submit a GW2 application is also requested by the BSR so that they can prepare accordingly. The applicant must submit a building control approval application directly to the BSR with plans and new prescribed documentation. This will be a wholly digital submission and paper submissions are anticipated to only be accepted by exception. The regulator is expecting a completed design, including products fully specified for all building control related elements. It cannot be over emphasised that this is seismic shift from industry practises adopted since the 1960s.

This will include all specialist designs, specifications (and where relevant Computational Fluid Dynamics (CFD) modelling), developed by, consultants, subcontractors or suppliers (all of whom will be dutyholder designers). The submitted information must clearly demonstrate functional compliance with building regulations as a complete, holistic submission of information. A short validation process will be carried out by the BSR prior to the detailed review. This aims to quickly highlight if the application and associated prescribed documents include the necessary information. The BSR will consult with its multidisciplinary team, and also formerly consult with the Fire and Rescue Service and sewage undertaker. These authorities now have a maximum of 15 working days to respond after which the BSR can determine the application. The Regulator may request an extension to this period from the applicant and an alternative, longer timeframe may therefore be agreed. It should be noted that if the application is not determined within a 12 week statutory period, or an alternative agreed time period, the application will be refused by default. If the BSR does not reach a decision within the statutory 12 week timescale and an extension has not been agreed, applicants will be eligible to make a nondetermination application to the Secretary of State under Section 30A of the Building Act 1984. A brand new application will be required should this happen. It is important, therefore, that the application is clearly presented and complete to reduce the likelihood of non-determination (and subsequent refusal). If the application is approved, the BSR will agree to a bespoke inspection schedule with the applicant. The BSR must be notified at these stages for inspection to take place. Building work can then commence (subject to any imposed requirements). All design and specification changes made thereafter will be subject to a statutory change control process. (See page 52 – Change Control)

Gateway 2 Building Control Application – contents At Gateway 2, the client (or someone on their behalf), must provide the following information as part of an electronic Building Control Application to the BSR: ontract Information: The name, C address, telephone number and (if applicable) an email address of the client, principal contractor and the principal designer.

Description of the proposed building work: The applicant must provide a description of the proposed HRB work. This should include: y The details of the intended use of the HRB and the intended use of each storey. y The height of the HRB. y The number of storeys in the HRB. y The provision to be made for the drainage of the HRB.

tatement: A statement S confirming that the application for building control approval is made under the proposed new HRB regulations. escription of an existing D building: Where the HRB work consists of work to an existing building, the applicant must include a description of the existing building. This description should include the details of the current use of the building as well as the current use of each storey, the height of the building and the number of storeys.

y Any required precautions to be taken in the building over a drain, sewer or disposal main to comply with applicable building regulations. y The steps to be taken to comply with any local enactment(s) that apply. Plans: The applicant must provide a plan to a scale of not less than 1:1250. The plan must outline the size and position of the building and its relationship to adjoining boundaries. The boundaries of the curtilage of the building, and the size, position and use of every other building or proposed building within the curtilage of the building. The applicant should also provide such other plans as is necessary to show that the HRB work will comply with all applicable requirements of the building regulations.

Building Safety Act

9. Gateways

Prescribed Documents As part of the building control approval application the applicant will be required to provide the following prescribed documents A signed competency declaration: Confirming that the client is satisfied that their principal designer and principal contractor are competent to carry our their roles. This is to include written records of the steps the client has taken to be satisfied of their competence, and checks to ensure that the principal designer and principal contractor are free of serious infractions within the past five years. Competent Persons Scheme – A schedule of all works planned to be carried out under the competent persons scheme.

The Regulator will be looking for "If the client has taken all reasonable steps to be satisfied of the competence of the principal designer, principal contractor, and any other appointed person at application date. BSR will not be checking the conclusions from those steps as part of the application assessment, but if these checks are not sufficient, it could lead to future enforcement action. If the client has asked whether the principal designer, principal contractor, or any other appointed person at application date is a person who had a serious sanction within the previous five years. What actions, if any, you have considered might be appropriate in response to the answers received."

building regulations compliance A statement: Setting out the proposed standards to be used on the project before construction starts and whether we intend to follow any guidance to meet building regulations (Approved Documents, British Standards, Design Codes, etc.). Approved Documents are not relevant to all situations and it is important that we consider whether they are appropriate for the specific project. This document must set out the approach taken in relation to each element of the building to ensure compliance and why it is appropriate, including reasons where an Approved Document approach is not adopted.

A fire and emergency file (FEF): Setting out fire and structural safety considerations before construction starts and that assumptions behind the designs and how the building will be used are realistic and carefully considered. This document must explain the matters that have been considered when assessing how building safety risks could impact the proposed building in use. It should include the approach taken in designing the building to ensure compliance with building regulations and why they are appropriate. It should also include the measures, strategies and policies that the building owner should adopt in order to manage and maintain the building once in use to ensure that residents and visitors can be safely evacuated in an emergency. This should also take into consideration their likely characteristics and behaviours.

The Regulator will be looking for "Evidence that the building regulations compliance statement clearly demonstrates a holistic approach to compliance with the building regulations, including clear explanations of why guidance or standards relied upon to support the approach are suitable and appropriate to the work."

The Regulator will be looking for "Evidence that this document sets out fire and structural safety information about the proposal and provides assurance that all occupants would be safe in the event of an emergency, and that they could be safely evacuated, with realistic assumptions about the future management of the building. Assurances that no unrealistic assumptions are being made about how a risk will be managed when the building is occupied, including the testing and maintenance of key safety features etc."

Building Safety Act

9. Gateways construction control plan (CCP): Describes A the strategies for managing building work to maintain building regulations compliance. This includes setting out how compliance with building regulations will be evidenced by dutyholders, which will in turn support them to meet their design and construction golden thread information requirements. Operating procedures confirming evidence that will be presented at Gateway 3 to satisfy the functional requirements of building regulations and how they will be collated. The use of SnagR to record as built construction will assist in our evidence gathering. This plan must also set out the strategies, policies and procedures that the client has adopted to identify, assess and keep under review the competence of the persons carrying out the work or involved in the design. In addition, the client should confirm the strategies, policies and procedures adopted to support cooperation between the designers, contractors and other persons involved. In appointing Hill, this will create a close, in-house working relationship between the principal designer and Contractor dutyholders. The CCP should be a practical and useful document describing working arrangements for the principal contractor and all other contractors to follow. It should include:

y Details of the work and the appropriate reasonable steps to control the building work and ensure it is in accordance with all applicable Building Regulation requirements. y Management arrangements to ensure the work in the plan is managed and monitored to ensure that when built, the building does satisfy all applicable functional requirements of building regulations. y Management arrangement to ensure sufficient evidence of the 'as built' is captured to support the Completion Certificate Application (we will do this using SnagR). y What arrangements are in place for ensuring the information instruction and training provided to those carrying out the building work is sufficient. y A process that the client has adopted to review the CCP.

The Regulator will be looking for "Evidence that the CCP sets out the strategies and arrangements the client will put in place to ensure building regulations compliance and to record evidence of that compliance."

A change control plan: Setting out how changes during construction will be considered, recorded and when the BSR should be notified or consulted. The plan should include the strategies, policies and procedures the client has adopted to ensure any controlled changes take place in accordance with change control and record-keeping requirements. Hill's change control procedure meets this requirement. The plan must also confirm how changes will be identified, to whom they must be reported, how the impacts of the proposed changes are identified, considered and the decision making procedure. The procedures must identify which changes are to be notified to the BSR and differentiation between ‘Major’ and ‘Notifiable’ changes, including the associated impact of each. Changes will also need to be logged. Hill's change control procedure covers this requirement through our common data platform, Dalux.

The Regulator will be looking for "Evidence of a clear change control process during construction and assurance that there is an accurate record of changes. The impact of changes will be carefully considered with appropriate regulatory oversight as part of the multidisciplinary team’s role."

A description of the mandatory occurrence reporting framework: As part of a more stringent building safety regime, a new mandatory occurrence reporting framework is introduced which requires dutyholders to report certain fire and structural safety issues (‘safety occurrences’) to the BSR.

The Regulator will be looking for

Dutyholders will, therefore, have to establish an effective mandatory occurrence reporting system to enable those on the site or in the building to report safety occurrences to the dutyholders and to the BSR in a required manner, along with measures taken to remedy the situation.

"If there will be an effective mandatory occurrence reporting system in operation."

Dutyholders will be required to provide a statement describing their mandatory occurrence reporting system as part of this application.

A partial completion strategy: Where the applicant proposes occupation of part of the building before completion of the HRB work. This is required to compel dutyholders to think ahead to the safety of residents in the occupied building right from the design stage. The strategy must confirm the proposals adopted in designing for occupation each part of the proposed building to be completed, to ensure compliance with applicable building regulations. The measures, strategies and policies it is proposed that the building owner should adopt in order to manage and maintain each part of the proposed building. Any assumptions made in those measures, strategies and proposals in relation to the characteristics and behaviours of intended occupants and the management or maintenance of each part of the proposed building.

The Regulator will be looking for "An understanding that all building work related to the part will be finished before a partial completion certificate application is made. That all fire safety features e.g. sprinkler systems, forming part of the section which is being partially completed must be complete and operational regardless of what building work is still outstanding in the rest of the building."

Building Safety Act

9. Gateways

Options for a Staged Approach The government has confirmed that for most types of building work on HRBs they expect to see dutyholders endeavouring to provide ALL the information required in a building control approval application upfront, before work commences. The government recognises that this will require an industrywide culture change but wants to encourage dutyholders to consider their building work projects holistically, with an outcomesfocused approach. There may be legitimate scenarios where some information required for building control approval is unavailable (and could delay construction), such as in highly complex works. The Regulator has indicated that they do not expect typical apartment projects to be deemed as highly complex and legitimate scenarios for a staged approach.

Where a staged approach is proposed, dutyholders must still provide a comprehensive building control approval application with plans and all of the prescribed documents, as well as a detailed description of the proposed stages of work. The detailed plans and design and build approach document covering work up to the specified stage must also be accompanied by outline plans for the whole building to ensure that the design and construction of the entire building is holistic and can demonstrate compliance. A staged approach will still represent a ‘hard stop’ but will be managed though a series of ‘hard stops in stages’. Approval will be limited to the staged works submitted and an offence will be committed if works commence beyond the stipulated stage. This in itself presents additional risk to the project with elements of the design not ‘locked down’ and agreed with the BSR (and any associated consultations with their multidisciplinary team). The consultation and approval period for subsequent stages is assumed to be 12 weeks as per a full Gateway 2 application.

Staged Approach

GATEWAY

Pre-construction

12 weeks

Work stopped from progressing beyond point stipulated by BSR

GATEWAY

Building Control Application Submit partial detailed design demonstrating compliance with key functional requirements outline for remainder

Pre-construction

12 weeks

Work stopped from progressing beyond point stipulated by BSR

GATEWAY

Further detailed design

Pre-construction

Work stopped from progressing beyond point stipulated by BSR

12 weeks

Further detailed design

Continue...

Building Safety Act

9. Gateways

GATEWAY

Pre-occupation

The BSR will assess whether the completion certificate application meets the following requirements: The building work is complete and complies with all applicable building regulations. The required information and prescribed documents submitted as part of the completion certificate (Gateway 3) application are complete and accurate.

Gateway 3 will occur at the final completion stage for HRBs. On completion of all the building work or stages of building work, the applicant must submit a completion certificate application along with supporting prescribed documents to the BSR reflecting the asbuilt building and demonstrating compliance with building regulations and fire safety requirements. The accountable person must be in role prior to Gateway 3. The BSR must assess whether the building work complies with the building regulations, re-consult with the sewage undertaker and fire authority and undertake their own inspections. The BSR will have an eight week statutory period to determine the outcome of the Completion (or particial completion) Certificate Application As with the Gateway 2 Building Control Application process, the BSR will conduct a short validation process prior to reviewing the application in detail.

The golden thread information to be handed over to the accountable person is complete and has been provided. The BSR will decide whether to inspect any work carried out under a competent person scheme or third-party certifier as part of its final inspection. All associated certification provided by competent persons under the competent persons scheme must be submitted to the BSR within 30 days of completing the works - the BSR will not issue a completion certificate for the whole building until all such notices / certificates have been received by them. If satisfactory, the BSR will then issue a completion certificate allowing occupation. Once Gateway 3 has been passed, the accountable person can register the building for occupation, referring to the Building Completion Certificate in the registration process. An offence will be committed if occupation precedes registration.

Gateway 3 Completion Certificate Application – contents At Gateway 3, the client (or someone on their behalf), must provide the following information as part of an electronic Completion Certificate Application to the BSR: Contract information: The name, address, telephone number and (if applicable) an email address of the client, principal contractor and the principal designer. Statement: A statement confirming that the completion certificate application is made under the proposed new HRB regulations. Description of the HRB work: The applicant must provide a description of the HRB work. This should include: y The location of the HRB. y The details of the intended use of the HRB and the intended use of each storey. y The height of the HRB. y The number of storeys in the HRB. y The provision to be made for the drainage of the HRB. y Any required precautions to be taken in the building over a drain, sewer or disposal main to comply with applicable building regulations. y The steps to be taken to comply with any local enactment(s) that apply.

ompliance with building regulations C statement: A statement, signed by the client or someone on their behalf, confirming that to the best of the client’s knowledge the HRB, as built, complies with all applicable requirements of the building regulations. Golden thread statement: A statement, signed by both the client, or someone on their behalf, and the relevant person (accountable person), confirming that a copy of the golden thread information was appropriately provided to, and received by, the relevant person. Plans: The applicant must provide a plan to a scale of not less than 1:1250. The plan must outline the size and position of the building and its relationship to adjoining boundaries, the boundaries of the curtilage of the building, and the size, position and use of every other building or proposed building within the curtilage of the building. The applicant should also provide such other plans as is necessary to show that the HRB work does comply with all applicable requirements of the building regulations.

Building Safety Act

9. Gateways

Prescribed Documents: As part of the completion certificate application, the applicant will be required to provide the following prescribed documents reflecting the building ‘as built’ as well as compliance declarations from the client, principal designer and principal contractor in addition to a list of all written mandatory occurrence reports submitted to the BSR. Compliance declarations. A statement, signed by the client or someone on their behalf (the client will not be permitted to delegate responsibility for signing the statement) confirming that to the best of their knowledge, the building, as built, complies with all applicable requirements of the building regulation. In addition, a compliance declaration is required to be signed by the principal designer and principal contractor advising contact details, the date of appointment and that they took all reasonable steps to fulfil their duties as a principal designer and principal contractor. A design and build approach document setting out the standards that were to be followed (as advised at Gateway 2) and confirmation that the design and build approach document was indeed followed. A fire and emergency file setting out fire and structural safety considerations that were behind the designs and how the building will be used are realistic and carefully considered.

This document must explain the matters that have been considered when assessing how building safety risks could impact the proposed building in use. It should include the approach taken in designing the building to ensure compliance with building regulations and why they are appropriate. And the measures, strategies and policies that the building owner should adopt in order to manage and maintain the building once in use to ensure that residents and visitors can be safely evacuated in an emergency. This should also take into consideration their likely characteristics and behaviours. A construction control plan confirming that the strategies for managing building work to maintain building regulations compliance were followed. A change control plan setting out how changes during construction were to be considered and recorded and that this was followed. Mandatory occurrence report confirming all occurrences reported to the BSR during the project. Partial completions. A partial completion strategy (where the applicant proposes occupation of part of the building before building work on other parts is complete). This must include how the building’s design and construction supports safe use, including while building work continues while other parts are occupied.

The partial completion strategy must address the following points: y Appropriate compartmentation for the floor or floors deemed ready for occupation, and between the completed and unfinished parts of the building. y Sufficient evacuation route(s) out of the building to a place of safety and confirmation that these escape routes will not be impeded by the ongoing building work. y Sufficient ventilation in the completed parts of the building including the evacuation route(s). y Appropriate fire service access and equipment. y Functional life safety systems (e.g. smoke control systems, sprinklers etc). y Services provided to upper floors in the building. y Measures, strategies and policies it is proposed that the building owner should adopt in order to manage and maintain the building to ensure residents can be safely evacuated in an emergency when the building is in use.

Where a completion certificate application is based on a partial completion strategy, additional information is to be provided to support this application. This is to include: Occupation Date: The applicant must provide the date then the proposed occupation of the part of the building to which the application relates will begin. Additional Plans: The applicant must provide a plan(s) showing the part of the building that is to be occupied indicating the use of that part and the location of dwellings to be occupied. escription of the proposed building work at D occupation date: As with completion certificate applications, the applicant must provide a description of the building work, including the intended use of the building at each storey, the height of the building, number of storeys, however, the description must only cover the building work as completed at the occupation date. Compliance with building regulations statement: The client must provide a statement as per a completion certificate application, however, for partial completion certificate applications this statement must only cover the completed part of the building. Golden thread statement: As with completion certificate applications, a statement must be signed by the client confirming that a copy of the golden thread information was appropriately provided to and received by the relevant person. For partial completion certificate applications, this statement must only cover the handover of golden thread information collected as of the occupation date. Upon submission to the BSR, they will consult with their multidisciplinary team, including fire and rescue authority and sewage undertaker and determine the application within 8 weeks (acceptance or rejection). The Regulator may request an extension to this period from the applicant and an alternative, longer timeframe may therefore be agreed It should be noted that should the application not be determined within the 8 week period, or an alternative agreed time period, the application will be refused by default. A brand new application will be required should this happen. It is important, therefore, that the application is clearly presented and complete to reduce the likelihood of non-determination (and subsequent refusal).

Building Safety Act

10. Mixture of HRBs and Non-HRBs

HRBs and non-HRBs Many projects contain a mixture of HRBs and non-HRBs. All HRBs will come under the direct control of the BSR, however the non-HRBs do not need to be controlled by the BSR There are two potential options when registering a project containing this kind of mix.

1. BSR and Local Authority Building Control / Registered Building Control Approver

New Union Wharf, Isle of Dogs

The HRBs are managed directly by the BSR following engagement and the Building Control Application to the BSR (for the HRBs only). The remainder of the project will be managed by Local Authority Building Control or a Registered Building Control Approver (working within the limitations of their registration). The new non-HRB building control application, deposit of plans etc., will apply.

Motion, Lea Bridge

2. BSR only Section 32 of the Building Safety Act 2022 allows developers to ask the BSR to provide building control oversight for non-HRB work if they are on the same development as a HRB. To do so, the applicant will need to issue, with the BSR’s agreement, a joint notice to the Local Authority and BSR; a ‘Regulator’s Notice’. A developer can decide whether or not they wish to have the BSR as the building control body for the entire site, but they must seek consent from the BSR.

South West Lands, Wembley

Building Safety Act

11. Construction

Additional Formal Notices to Building Control Bodies Two new notifications are required to be made to the building control providers

During Construction

For HRBs, five days prior to making a start of notifiable building works on site, the BSR must be formally notified. This is required to enable the BSR to prepare its operational oversight of the construction phase.

2. For non-HRBs, 48 hours prior to making a start of notifiable building works on site, the building control body (local authority or registered building control approver) must be formally notified. 3. Once works have met the new definition of commencement, the BSR (HRBs) and the local authority and registered building control approver, where applicable, (non-HRBs), must be formally notified. This is to ensure that the BSR or local authority oversee the requirement for building work to commence within three years from the building control acceptance. Please refer to the section ‘Lapse of Plans’ on page 56 for detail on the new definition of commencement.

During the construction phase of the development (HRBs), the BSR will run a bespoke inspection and enforcement regime. These will be set out in agreement between the BSR and the Principal Contractor, who will work together to create a bespoke inspection schedule for the building(s). The BSR will also be able to carry out additional inspections at its own discretion without prior notice. During the construction phase of the project, the Principal Contractor must fully implement and adhere to the processes and procedures established and recorded in the prescribed documents submitted within the Gateway 2 Building Control Application, including: y Processes to ensure works are built in accordance with the functional requirements of the building regulations. y Record keeping to provide evidence supporting works complying with building regulations as well as applicable digital records for the golden thread. y Mandatory reporting. y Management of any changes through the established change control procedure. y Collation of any applicable test certification for submission to the BSR and inclusion within the golden thread. y Management of any partial completions.

Skyline, Walthamstow

Building Safety Act

12. Golden Thread and Change Control

Golden Thread Golden thread of information is a term that is mentioned in the new Building Safety Act, but what is it?

One of the key aims of the new regulatory regime is to manage information critical to building safety, from design, construction, occupation, routine maintenance, repair and eventual demolition. The client is the person responsible for the golden thread. They can delegate tasks, but not their responsiblity. The aim is to ensure that a continuous unbroken thread of information is maintained throughout the building’s life, from cradle to grave. The old way of designing 'as you go along', all wrapped up by ‘as built’ information has proven to be a weak link in the chain of building safety and is now a thing of the past – the completed and functional building must at all times represent the sum of the golden thread of Information.

This golden thread of information must be: Digital Information generated must be in a digital format, able to be exchanged and used.

Accurate and Up To Date Information must be updated as changes happen so all information reflects the built asset.

Single Source of Truth Information must be uploaded and accessed from a single platform which all stakeholders can use to find information. In addition, the new regulations will require us to capture evidence to demonstrate that the constructed works are in accordance with the design. Our existing digitised SnagR QA processes, which include photographic evidence, will meet this requirement, particularly for elements that are structural or building safety critical, and that are subsequently concealed or hidden.

Secure The chosen system must be digitally secure with user permissions and logins.

Accessible and Transferable Information uploaded needs to be structured (named and filed appropriately) and easy to find.

Understandable and Consistent Information created must be easy to understand and use consistent, recognised terminology.

Accountability A record of who and when documentation was uploaded and approved.

Here at Hill, this is achieved though the Dalux information management platform, SnagR and our Change Control Procedure.

Building Safety Act

12. Golden Thread and Change Control

Change Control A new process for managing changes and notifications and approval from the BSR

In support of the golden thread of information, a new change control process is to be introduced through the new regulatory regime. Change control applies when one or more of the following controlled changes is proposed: y Carrying out work not in accordance with currant plans. y Departing from strategies, policies and procedures described in other current agreed documents.

Hill has developed a regulatory compliant change control procedure, and this was mandated on all new Hill projects in Autumn 2022. Where these are required to be notified to the BSR, they fall under two categories: Notifiable change and Major change, each with specific implications on the development. Under no circumstances should products be changed or substituted, designs, construction strategies or phasing changed without reference to the change control process.

The following changes are categorised as Notifiable:

Notifiable Change

y Change/s of dutyholder(s).

Notifiable changes are those that could have an impact on the compliance of building regulations, requirements. Work related to the notifiable change will be able to proceed 'at risk'. The BSR will still be able to require further information relating to a days notifiable change and this must be provided, upon request, within 10 working days. There is no requirement to pause work when responding to this request.

y Change to the submitted ‘Change control strategy’. y Change/s to the strategies, policies and procedures the client has adopted to identify, assess and keep under review the competence of the persons carrying out the HRB work or involved in the design of the HRB; and, y Change/s to the strategies, policies and procedures the client has adopted for managing the HRB work so as to ensure compliance with the applicable requirements of the building regulations and to record evidence of that compliance; and their competence and dutyholder duties. y Change/s to stages in which plans for building work will be submitted for approval where a staged approach to building control approval has been agreed. y Change/s to layout and/or dimensions within an individual apartment that does not impact the dimensions of the common parts. y Substituting a ‘like-for-like’ product where the new product has the same specification/performance classification as the original specified in the building control approval application. y Change/s to a previously submitted and approved partial completion strategy submitted at building control approval, where the applicant proposes to change the number of stages in which the building is occupied. y Incorporation of builders', work openings. y General changes to the fire strategy within the fire and emergency file for the building (excluding active or passive fire protection).

Building Safety Act

12. Golden Thread and Change Control

Major Change Major changes are those that could have a more significant impact on the compliance of building regulations requirement over notifiable changes. Unless otherwise agreed, the BSR will require six weeks to assess and consult prior approving a major change. Major changes CANNOT be implemented without approval (hard stop) by the BSR. This includes a 10 working day consulation period with the Fire and Rescue Service or Sewage Undertaker as applicable.

weeks

The following changes are categorised as Major: y Change in the proposed use of the HRB, including: –

–

Change involving the inclusion of a commercial unit or units, where the original plans did not include commercial unit/s; Change in the proposed number of commercial units (in the case of a mixed-use HRB) where the original proposal did include a commercial unit or units, but the number of proposed commercial units has changed; and, Change in proposed use of a commercial unit or units.

y Change in vertical dimensions to the overall building (that affects the approved design element or principle such that the design approach is affected), which may include changes in the proposed number of storeys (including adding or removing a gallery and/ or underground storey or storeys including car parks). y Certain changes in layout and/or horizontal dimensions to the overall building, or its common parts, such as extending the building sideways, that affect the structural design or fire safety provision. y Change in the number of proposed fire compartments in the building, either by changing the number of residential units or by making changes to the layout of the common parts. y Change in the number and/or the location/ positioning and/or widths of evacuation routes, including staircases.

y Changes in the proposed fire strategy within the fire and emergency file for the building. Where these impact on the active or passive fire protection systems: –

To the active fire safety systems - i.e. sprinklers, fire and smoke dampers, fire alarm systems, smoke ventilation in escape routes, lifts and lift shafts (including evacuation lifts and firefighting lifts) and a change of location and/or positioning of fire mains and hydrants.

–

To the passive fire systems in the building – compartment floor, ceilings, compartment walls, roof (including opening for pipes, ducts etc.) rooflights, roofing coverings, fire-fighting shafts, fire doors and protected shafts.

y Intended management or maintenance of the building (including training and maintenance programmes). y Change in product where the proposed replacement product has a lower fire performance classification or specification than the previous product that was used. y Change or changes from the method of complying with regulations or functional requirements from the method set out in the Building Regualtions Compliance Statement. y Change where partial completion is proposed when it was not proposed in the original building control approval application. y Changes to the structural design and/or loads of the proposed building work, including the foundations, load-bearing walls/beams etc. y Any changes to the planned external wall system. y Adding or removing car parking.

Non-HRBs Early design development

Design beyond stage 4 / building control submission

HRBs Early design development (Pre-Gateway 2 application)

Design beyond Gateway 2 application

Propose change

Hill Change Control Process Propose change change

Propose change change

Recorded Change (Non-building regulations change)

Hill Change Control Process

Authorisation Authorisation

Design info updated

Authorisation Authorisation

Design info updated

Authorisation

Authorisation Authorisation

Design info updated

Notifiable Change

Major Change

Design info updated & BSR notified

BSR Review

10 days

weeks

BSR Approval

Implement Change

Implement Change immediately and progress 'at risk'.

'Hard Stop'

Note the regulator has the power to upgrade a notifiable change to a major change

Change CANNOT be implemented without BSR approval

Building Safety Act

13. Lapse of Plans and New Definition of Commencement

Lapse of Plans and New Definition of Commencement The Building Safety Act amended Section 32 of the Building Act 1984 making the lapse of plans acceptance an automatic procedure rather than reliant upon the Local Authority to issue a notice

From 6th April 2023, building control approvals will automatically lapse after a period of three years on a building specific basis. If a period of three years has lapsed from the date of the building control application acceptance and works have not commenced, the approval will automatically lapse for any applicable buildings. A new building control application will then be required, incorporating all current regulatory requirements.

Complex buildings are defined in Section 46A (5) of the Building Regulations etc. (Ammendment) (England) Regulations 2023. a.

"A building which is to be constructed on the same foundation plinth or podium as any other building or structure."

The definition of commencement in this context is as follows:

b. "A building which has more than one storey below ground level."

"For complex buildings, work is regarded as commenced when the foundations supporting the building and the structure of the lowest floor level of that building (but not other buildings or structures to be supported by those foundations) are completed."

"Where the work consists of a building that is not complex, or a horizontal extension of a building, work is to be regarded as commenced when a subsurface of the building or the extension, including all foundations, any basement level (if any) and the structure of the ground floor level is completed."

"Where the work consists of any other building work, work is regarded as commenced when 15% of the physical work (not value) is completed."

"A building proposed to be used primarily as a public building where the public or a section of the public has access to the building (whether or not on payment), provided that the building has a capacity for 100 or more visitors."

Building Safety Act

14. Occupation

Pre-occupation Registration Accountable person to register the building with BSR On many Hill developments, we retain responsibility for occupied buildings on an interim basis until this is passed on to a management company or JV partner.

Registration Once the completion certificate is received, the accountable person must register the building with the BSR.

The registration will require confirmation of: y The building name, address and postcode. y The building height, in metres. y Number of floors in the building.

The Building Safety Act 2022 creates an offence for the accountable person, without reasonable excuse, to allow anyone to occupy a HRB without a completion certificate. It is a requirement for the principal accountable person to provide proof of a valid completion or final certificate as part of the registration process. For HRBs that go through the new, more stringent building control regime, the principal accountable person will be required to provide a reference of their completion certificate.

y Who the principal accountable person is. y Any other accountable persons and which parts of the building they are responsible for. y The date the building was completed. y Confirmation of the completion certificate (with reference number).

Building Safety Act

14. Occupation

Key Building Information Within 28 days of the submission of the building registration to the BSR, the principal accountable person must submit to the BSR a list of prescribed building information. The principal accountable person must also notify the regulator within 28 days of becoming aware of a change to this information. The Key Building Information submission must include the following information.

Ancillary Buildings: Information on any ancillary building, and whether the ancillary building is in itself a HRB.

Primary Use: Confirm the principal use of the HRB, any ancillary building(s), any outbuilding, any storey below ground level in the HRB (and its use). Outbuilding in relation to a HRB means any permanent or temporary building, whether or not attached to the HRB, but not forming it, that is used for the purpose incidental to the enjoyment of the HRB. Any subordinate use associated with the above. Usage must be described using the following categories. Residential (dwellings), residential (institutional), residential (other), office, shop and commercial, assembly and recreation, industrial or storage and non residential. The following asset definitions must be used relating to any former use prior to conversion to residential. y Assembly or recreation y Office, bank, building society, police or fire station y Residential dwelling like flats or maisonettes y Residential institution y Any other residential use like a hotel, boarding house, hall or residence or hostel y Shop or commercial – any retail business like a shop, restaurant, hairdresser etc. y Any other non-residential use such as car park, storage, machinery room or factory

Materials: A description of the material used in the external wall composition, its fire classification and where there is more than one material the percentage of the whole that each represents. A description of the insulation material in external walls, its fire classification and where there is more than one material the percentage of the whole that each represents. The main material used in the composition of the part of the roof that provides a waterproof covering and whether there is a separate layer of insulation and if the roof is pitched, flat or a combination of both. Any machinery in an outbuilding such as heating, ventilation, energy generation, lift gear, smoke control etc.

Roof: What type of roof it is on the building (flat, pitched or a mix of both). If the roof has a layer of insulation above, within or below the roof structure. What material covers the largest areas of the roof. Features on the roof including communal recreation areas, phone masts or roof lights etc. Any machinery on the roof or in a plant room on the roof such as heating, ventilation, energy generation, lift gear, smoke control fans etc.

Fire Doors: Certified fire resistance of residential front doors. Certified fire resistance of fire doors in other parts of the building that residents can use (e.g. corridors, staircases and ancillary areas).

Fixtures on External Walls: With regard to any fixture attached to the external wall or roof of the HRB, the type of fixture and the main material that the fixture is constructed from.

Connections: Between structures within the building if there is more than one structure in the building. To other buildings. To other higher-risk residential buildings.

Structure: The main material used and the type of structural design the building has from the following list: y Composite steel and concrete y Concrete large panel system 1960’s y Concrete large panel system 1970’s onwards y Modular concrete y Other concrete y Masonry y Lightweight metal (e.g. aluminium) y Modular steel y Steel frame y Modular other metal y Modular timber y Timber y None of these

Storeys and Staircases: The number of storeys below ground level within the HRB. The number of staircases that the HRB has. How many of those staircases serve a storey at ground level and every storey above it.

Energy: The type of energy supply to the HRB. The type of energy storage system within the HRB, like lithium ion or hydrogen batteries. Energy generation on site.

Fire and Smoke Controls: A description of the type of evacuation strategy (for residential areas only) that is in place for the HRB y This could be phased, progressive horizontal, simultaneous, stay put or temporary simultaneous. A list of fire and smoke control equipment within the HRB y Within each home this may include heat or smoke detectors and sprinklers or mist suppression y Within shared residential parts of the building this may include alarms, dry and wet risers, smoke control systems, smoke detectors, emergency lighting, emergency intercoms and sprinklers. Where in the building this equipment is located. Confirmation that the building has any of the following lifts: y Evacuation lift y Firefighters lift (2003 British Standards classification) y Fire-fighting lift (1986 British Standards classification) y Modernised lift for fire service use y Firemen’s lift (pre-dates firefighting lifts).

Building Works Since the Original Build: Any of the following building works: y Asbestos removal y Adding balconies y Changes on the number of residential units, number or location of staircases y Changes to windows y Complete rewiring of buildings or floors y Adding floors – including the type of structure y Removing floors y Reinforcement works to large panel system structures y Work connected to external walls, like replacing cavity barriers, insulation or cladding. Installation, replacement, or removal of: y Active or passive fire systems y Emergency of other lighting y Cold water systems in multiple residential units y Heating or hot water systems in multiple residential units Gas supply to the building y Confirmation of the most recent work and when it was completed.

Building Safety Act

14. Occupation

Additional Regulations The Fire Safety (England) Regulations 2022 "Effective from January 2023, the new Fire Safety (England) Regulations 2022 add additional duties on Responsible Persons of residential buildings containing two or more dwellings with common parts."* The Hill Group have necessary procedures to ensure compliance with these regulations.

The Responsible Person has legal duties which increase on taller buildings as below.

Scope

Residential buildings with two or more domestic premises with common areas

Residential buildings between 11m and 17.9m in height

Residential buildings between 18m (or seven storeys) and above in height

Provisions that apply

Fire Risk Assessment prioritisation tool

Information to residents – fire safety instructions 3

Information to residents – fire doors

Fire doors checks

Secure information box 6

Design and materials of external walls 7

Floor plans and building plan 8

Lifts and firefighting equipment 9

Wayfinding signage

*This content as well as p61 is taken from The Fire, Safety (England) Regulations 2022

ALL BUILDINGS 1

Fire risk prioritisation tool: A tool that the responsible person can use to assist in prioritising fire risk in buildings. They will be supported by Affinity Fire in carrying this out. Have a fire risk assessment (carried out by a competent professional). This must include: Information to residents – fire safety instructions: The responsible person must provide relevant fire safety instructions to residents, which will include instructions on how to report a fire and any other instructions which set out what a resident must do once a fire has occurred, based on the evacuation strategy for the building.

BUILDINGS ≥18m or seven storeys As above plus: 5

Secure information box: The responsible person must ensure that an information box is installed and maintained in the building. This box must contain the name and contact details of the responsible person and hard copies of the building plans.

Design and materials of external walls: The responsible person should provide their local Fire and Rescue Service with information about the design and materials of the building’s external wall system and inform the Fire and Rescue Service of any material changes to these walls. Also, they will be required to provide information in relation to the level of risk that the design and materials of the external wall structure gives rise to and any mitigating steps taken (EWS1 Report / simplified PAS 9980 assessment).

Building plans: The responsible person should provide their local Fire and Rescue Service with up-todate electronic floor plans and place a hard copy of these plans, alongside a single page building plan which identifies key firefighting equipment, in a secure information box (refer to point 5 above).

Lifts and firefighting equipment: The responsible person must undertake (and record) monthly checks on the operation of lifts intended for use by firefighters, and evacuation lifts in buildings and check the functionality of other key pieces of firefighting equipment. They will also be required to report any defective lifts or equipment to their local Fire and Rescue Service as soon as possible after detection, if the fault cannot be fixed within 24 hours, and to record the outcome of checks and make them available to residents.

Wayfinding signage: Ensure that wayfinding signage is visible in low light or smoky conditions and identifies flat and floor numbers in stairwells. (These will be present on newly completed buildings as included in Approved Document B from November 2020).

Information to residents – fire doors: The responsible person must provide residents with information relating to the importance of fire doors in fire safety.

BUILDINGS ≥11m and <18m As above plus: 4

Fire door checks: Undertake annual checks of flat entrance doors and quarterly checks of all fire doors in common parts and record same.

Building Safety Act

15. Implementation and Transitional Arrangements

The Building Safety Act gained Royal Assent on 28th April 2022 and there is a draft timeline for the implementation of the 32 pieces of secondary legislation.

Gateway 1 Already Implemented.

New Regulatory Regime (including Gateways 2 & 3) for HRBs The new regime is implemented from 1st October 2023, with a 6 month transitional period up to 5th April 2024. For transitional arrangements to apply to an individual building, developers would need to: Submit an initial notice or deposit full plans by October 2023. (and have these accepted). Note a minimum of five working days must be allowed prior to 1st October for this review and acceptance. Sufficiently progressed work by 6th April 2024. Sufficiently progressed is defined as "when the placement of permanent foundations has started. This means the pouring of concrete for the permanent trench, pad, raft, or piled foundations has begun." Where the submission of initial notice or deposit of plans has not been made by October 2023, Gateway 2 and the associated new regulatory regime applies to any HRBs on the project. Please also note that if the appointed building control body has insufficient competency or otherwise fails to become registered with the BSR by 6th April 2024 any HRB buildings will revert to the BSR regardless of transitional arrangements being satisfied.

For all HRBs failing to reach the commencement stage by April 2024: y We will be required to send to the BSR the initial notice (including accompanying plans and documents) or the original deposited full plans. This must be submitted to the regulator within 12 weeks of the end of the transitional period. y The BSR will not reassess these projects which transfer to it but it will be given the power to require additional information pertaining to its role as the building control body for the HRB. y For these HRBs, the BSR can require, by written notice, further information in relation to any of the HRB work. Where a written notice has been issued by the BSR to Hill, if the HRB work has started it must be paused for 10 days to enable this information to be collected and considered by the BSR. It will be a criminal offence under building regulations not to comply with this requirement. The requirement will support the BSR in its role and will help to prepare the new HRB for meeting the new building control requirements during and on completion of construction. y The BSR will also have the power to require, by written notice, Hill to carry out tests on work which has been built if they have any concerns.

Occupation of HRBs The Accountable Person is required to register all HRBs with the BSR from April to October 2023. From October 2023, the accountable person must register all new HRBs with the BSR prior to occupation. This requirement applies even where projects do not need to pass through Gateway 3 due to transitional arrangements.

Building Safety Act

15. New Regime Transitional Arrangements (New HRBs) GATEWAY

1st OCTOBER 2023

Building regulations plans submission / initial notice acceptance. (Allow 5 Days from issue for acceptance)

Quick initial validation review (valid/invalid) Building control application to BSR

Pre-construction

Commence work

Approved 12 week review (unless otherwise agreed)

Rejected

Refused (default where not determined in time)

If valid works can progress 'At Risk'

10 Days Max

Commence and progress collection of golden thread of information

Approved Inspector

Initial notice ceases

Works Stop

Approved Inspector to notify builder immediately

Current building control process Local Authority

Local Authority issues notice to BSR by the 6th March 2024 if no notice has been provided by the applicant

Notify BSR • Supply contact info and key building info

Building control application to BSR

Applicant submits notice to regulator including: • Contact Information • LA full plans approval including conditions • Description of work carried out to date

10 Days Max

6th APRIL 2024 HRBs 'sufficiently progressed' On individual building basis

Works Stop

Approved Inspector

Approved Inspector becomes a Registered Building Control Approver by 6th April 2024

Local Authority

Initial notice ceases

Approved Inspector to notify builder immediately

GATEWAY

Pre-occupation

Quick initial validation review (valid/invalid) Completion Certificate Application

Complete work

Approved 8 week review (unless otherwise agreed)

Rejected

Refused (default where not determined in time)

BSR issues a Transfer & Completion Certificate

8 week review (unless otherwise agreed)

Modified completion certificate application

Reduced new regime requirements apply

Complete work

Approved

HRB Registration

Rejected Completion Certificate Application (reduced scope excludes prescribed documents)

Complete work

If valid works can progress 'At Risk'

Works Stop

Notify BSR • Supply contact info and key building info

Occupation

Submit an application for building control approval to BSR (reduced scope)

Current building control process continues

Quick initial validation review (valid/invalid)

Completion Certificate

HRB Registration

Building Safety Act

16. Building Inspectors and Building Control

From April 2023, the BSR has become responsible for building control across all buildings, including Approved Documents. The BSR will be able to set a minimum performance standard for local authority building control bodies and registered building control approvers. For HBRs, the BSR will become the building control authority, removing the ability for builders and developers to select their own authority. From 6th April 2024 the building control profession will become a regulated profession, regulated by the BSR. New registered building control approvers will replace current approved inspectors. All building control professionals will also be required to become registered as building control inspectors under four competency classes.

Class 1: An associate/assistant – entry level position. Class 2: Standard Class 3: Complex/HRB Class 4: Manager responsible for admin and processes. y Approved inspectors become registered building control approvers y Local authority building control are building control authorities y Individual building control professionals (in the private or public sector) are required to become registered building control inspectors.

Building control fees for HRB work The BSR will provide a 'guide price' for building control services once they have reviewed and assesed the building control application. The final fee will however be based on actual man hours expended by the multidisciplinary team reviewing Gateway 2 and 3 information, any changes and site inspections. Its aim is to be cost neutral for the multidisciplinary team.

Rubicon, Eddington

New procedure for building control approval applications for buildings that are NOT HRBs The Building Safety Act 2022 repeals Section 16 (deposit of plans) of the Building Act 1984 and replaces it with Applications for Building Control Approval. This aligns applications for both HRBs and nonHRBs. The content of the application is the same for HRB and non-HRB buildings, but the non-HRB applications will not require the additional prescribed documents. The building control approval application must demonstrate how the proposed building work complies with all applicable building regulation requirements.

In line with existing practise, local authorities should provide an assessment of the Building control approval application as well as an approval or rejection within five weeks, unless an extension is agreed. An initial notice must be approved or rejected within five days. Plans certificates will also be mandatory for all non-HRB work and will ensure that building control approvers consider most of the plans in one go. This will also make their approach more consistent with local authority building control. Prior to completion of any non-HRB building, a statement will be required from the Client, Principal Designer and Principal Contractor that the building has been designed and constructed in accordance with the functional requirements of the building regulations.

Contact Head Office

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