The Building Safety Act (BSA) of 2022 is now in effect. This new legislation and a slew of statutory instruments (SIs) and related advice will usher in the most significant regulatory changes to the UK built environment in nearly 40 years. However, even though the BSA received Royal Assent at the end of April 2022, most of its provisions will not take effect for another 12-18 months while secondary legislation is created.
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Building Safety Act 2022.pdf
1. Building Safety Act 2022 – What’s Changed?
The Building Safety Act (BSA) of 2022 is now in effect. This new
legislation and a slew of statutory instruments (SIs) and related
advice will usher in the most significant regulatory changes to the UK
built environment in nearly 40 years. However, even though the BSA
received Royal Assent at the end of April 2022, most of its provisions
will not take effect for another 12-18 months while secondary
legislation is created.
The government's primary legislative response to the Grenfell Tower
tragedy was the Building Safety Bill (Bill). The final Bill was published
in July 2021 and tabled for debate in Parliament after a pre-legislative
review by the DLUHC Committee. The Bill has been in the news
multiple times this year due to several contentious modifications and
new clauses presented on various topics.
2. The BSA will coexist with the Fire Safety Act (FSA), signed into law in
2021. Last year, the government rejected an amendment to the Fire
Safety Bill that would have protected leaseholders and renters from
paying to repair cladding on high-rise apartments. Instead, the
government reaffirmed its support for protecting leaseholders from
cleanup costs at the time, stating that the Fire Safety Bill was not the
appropriate vehicle for doing so.
Who and what does it apply to?
The Act applies to building owners and the built environment
business, including clients, designers, and contractors who
commission building work and participate in the design and
construction process.
The Act focuses on high-risk buildings (HRB), classified as high-rise
residential structures (including student housing), hospitals, and
care facilities with a height of at least 18 meters or seven stories.
Specific regulations relating to the rehabilitation of relevant faults, on
the other hand, are only applicable to self-contained structures in
England that have at least two homes and are at least 11 meters tall
or have at least five floors.
The Act mandates people in charge to show evidence of fire safety
procedures and the building's structural safety, and related
inspections and maintenance. The Act's powers will be used to create
regulations that impose obligations on people who procure, plan,
manage, and carry out construction work. These regulations will be
enacted through secondary legislation and subject to additional
review.
The legislation will directly impact all people with a stake in current
and future HRBs, and it is expected to have a considerable impact on
standards and expectations in all multi-family buildings.
3. Summary
After implementing gateway one in August 2021, developers,
contractors, and consultants have already had to adapt during the
planning stages. However, there is still much that enterprises in the
construction industry can do to prepare for the new regime.
The Act, the new regime, and secondary legislation all require
monitoring the implementation of new regulations and training of all
necessary people on the new processes, obligations, and provisions
imposed by the Act, the new regime, and secondary law. Don't
hesitate to contact MB Law Ltd's solicitors for advice on what your
firm may do and should consider implementing the Act's
requirements and prepare for changes to the building safety system.
Visit our website: - http://mblawltd.com/