The Building Safety Act 2022 and Proposed Tranches for Existing Buildings

Introduction

In the wake of the Grenfell Tower fire, the Government has taken steps towards enhancing building safety with the introduction of the Building Safety Act 2022 (Act). Enacted to address systemic issues in the construction and management of high-rise residential buildings, the legislation marks a paradigm shift in ensuring the safety of residential buildings. The Health and Safety Executive (HSE) as the new Building Safety Regulator is at the forefront of implementing this groundbreaking Act, proposing a series of “tranches” to address the complexity and number of existing buildings in scope.

Tranches Proposed by the HSE

Recognising the complexity of the task at hand, the HSE, as the Building Safety Regulator (Regulator), is proposing a phased implementation of the Building Safety Act through a series of tranches. These tranches represent distinct stages in the rollout of the regulatory framework, allowing for a systematic integration of the new requirements.

Existing buildings will be placed into different groups or “tranches” for assessment, which are due to commence in April 2024.? These will be based on the height of the building and the number of dwellings it contains, so the taller the building with the greatest number of dwellings will be called in earlier. The Regulator will also have the option, following receipt of information at registration, and in defined circumstances, to move buildings between the tranches; for example, buildings with unremediated ACM cladding may be assessed in the first tranche, regardless of height or number of dwellings. The regulator aims to assess all existing buildings for the first time within five years.

Criteria for prioritising within tranches

The Regulator proposes to use a hazard-based approach to prioritising Building Assessment Certification applications within “tranches” that reflect the potential to cause harm to people and the consequences of an incident, were a serious fire or structural failure to occur. Buildings with multiple hazard factors are likely to be assessed earlier in each tranche.

The hazard-based prioritisation criteria were originally published in 2022 but was withdrawn and we are currently awaiting new published proposals following the registration process and drawing upon the Building Risk Review carried out by the Fire and Rescue Services.

Prioritisation factors will be considered in combination and might include, for example, the use of large panel system constructions, the presence of a single staircase and no sprinklers, previous refurbishments that crossed multiple floors such as replacement heating, the hazards from mixed-use of a building (e.g. commercial businesses), and as detailed above the type of external wall system.

Preparing for the Change

On receipt of an application, the Regulator will examine the documents provided in the application by the building’s Principal Accountable Person (PAP) to establish whether those responsible for the building are managing its building safety risks. These documents include the Buildings Safety Case Report and the Resident Engagement Strategy. It is thought the clear duty of the Accountable Persons to assess and manage the building safety risks at all times, not just when called in to apply for an assessment by the Regulator.

The Regulator and the government have also made it very clear that they do not expect, as buildings are called in to be assessed to be reading the original version of the Building Safety Case and Resident Engagement Strategy. PAP’s should be, as the published guidance states, ensuring that their safety case reports and resident engagement strategies are developed, communicated and reviewed on a regular basis well in advance of any application process.

The advice from the Government and Regulator states that:

From 1 October 2023 you should prepare a safety case report as soon as possible when:

·???????? the building is already occupied or becomes occupied.

·???????? you become the principal accountable person.

As the Regulator has also stated, PAP’s should be using the Safety Case Report, to manage the risk of the spread of fire or structural failure.

We are also seeing a number of Housing Authorities (local authorities) using their powers under the Housing Act to request copies of the Safety Case Report and other documentation outside of the Building Safety Act application processes.

New Buildings and Refurbishments

The Regulator will call in new buildings for assessment for the first time within six months of occupation and for those existing building which undergo major refurbishment, or a change of use may also be called in for assessment early.

PAP’s should also review and where necessary update their safety case report, for example, when:

·???????? improvement work is carried out to manage building safety risks i.e. following the findings of a fire or structural risk assessment; or

·???????? work on the building impacts building safety risks.

PAP’s must also notify the Regulator of any updates or revisions to their building’s safety case report and may ask for an updated copy of the report to be submitted.

Conclusion

The inception of the Act and the proposed tranches by the HSE mark a significant step forward in ensuring the safety of high-rise residential buildings. By establishing the new regulatory framework and implementing a phased approach, the government aims to prevent tragedies, enhance accountability, and ensure a safe place to live for all residents and occupants of high-risk buildings. As the tranches are gradually rolled out, property owners, supported by their managers will see a transformative period that prioritises safety at every stage of a building's lifecycle.

PAP’s should not wait for the call from the Regulator before starting to develop the Building’s Safety Case Report or Resident Engagement Strategy, PAP’s should use the time before being required to submit their applications for the Building Assessment Certificate to prepare the Building’s Safety Case Report and Resident Engagement Strategy.

Author: David Hills