Quality Resource

Building Safety Act 2022 Advice & Guidance

The Building Safety Act 2022 received Royal Assent on 28 April 2022, making ground-breaking reforms to give residents and homeowners more rights, powers, and protections – so homes across the country are safer.

Last updated: 7th September 2023

Background to the Building Safety Act

In February 2017, Professor John Cole CBE published a report into the defects that led to the closure of 17 schools in Edinburgh. Just a few months later, in June 2017, the tragic fire at Grenfell Tower in London claimed the lives of more than 70 people. Both incidents were followed by official inquiries, and their subsequent reports made for uncomfortable reading for all those in the industry. These incidents have placed the construction industry under the microscope and highlighted the need for an urgent review of the way in which quality and safety are managed.

In July 2020, the Government published the Draft Building Safety Bill, which was designed to take forward fundamental reform of the building safety system and address the issues identified by Dame Judith Hackitt DBE in her independent review, Building a Safer Future.

Following Parliamentary scrutiny and input from industry stakeholders, the Building Safety Bill received Royal Assent and became an Act of Parliament (the Building Safety Act 2022) on 28 April 2022.

What is the Building Safety Act 2022?

The Building Safety Act 2022 will bring in several measures intended to make buildings and residents safer.

The Act is divided into six parts (see below) with the majority of the substantive detail and reforms set out in parts two to five.

Part 1: Introduction
Part 2: The Regulator and its Functions
Part 3: Building Act 1984
Part 4: Higher-Risk Buildings
Part 5: Other Provision about Safety, Standards, etc.
Part 6: General

For more information on how the Act you can read our recent article in Barbour ABI titled "The Building Safety Act 2022 - One year on".

At the end of 2023, CIOB published two blogs, breaking down the key aspects of the Building Safety Act 2022 and providing and overview of what they mean for construction clients. You can read part one of the series here, and part two here.

Find out more

Check out the Government's latest guidance on the Building Safety Act 2022 and its implications for the construction industry.

Government guidance on the Building Safety Act

Secondary legislation for the Building Safety Act

The Higher-Risk Buildings (Keeping and Provision of Information etc) (England) Regulations 2023 - This contains details on the golden thread and what information needs to be kept by the accountable persons

What does the Building Safety Act 2022 Mean for the Devolved Nations?

CIOB’s policy and public affairs team has compiled information on the Building Safety Act (BSA) 2022 aspects that relate to the devolved nations and what actions the devolved nations are taking to address building safety.

Read our comparator document.

Important Update - Building Control Competence Assessment Deadline

Do I need to register under the new scheme?:

You only need to register if you are responsible for signing off buildings as compliant with the building regulations. To check this, you can contact the Building Safety Regulator (BSR) customer service department here: [email protected].

Background & Key Dates:

The Building Safety Act 2022 imposed a vast array of changes relating to building safety.

One of the most significant changes has been for building control professionals to be assessed, certified and registered with the Building Safety Regulator (BSR) to become registered building control approvers (RBCAs) which replaces privately approved inspectors. Furthermore, individuals and organisations who are registered with the Construction Industry Council Approved Inspectors Register (CICAIR) must register with the BSR to continue their building control role.

In England, the original date for this registration was 6 April 2024, however, the BSR has recently extended the deadline for registration of building control inspectors until 6 July 2024.

In Wales, the original date for registration was also 6 April 2024, however, the Welsh Government have also recently extended the deadline for registration to 1 October 2024.

Before you register as a building inspector:

If you want to apply to register as a class 2, 3 or 4 building inspector, you will need to complete an independent competency assessment. If you apply to register without being assessed, you will be registered as a class 1 building inspector and can only work under supervision.

Competency assessments for registration are only valid from approved schemes. You can get a competency assessment by contacting one of the providers of the approved schemes:

The assessment evaluates your skills, knowledge, experience and behaviours against the relevant building inspector competence framework:

We note that while CIOB has not currently entered an application to be recognised as an assessment body. We have focussed our efforts on supporting the BSCF which was set up by Local Authority Building Control (LABC) as a community interest company.

As part of the assessment, you will need to submit a portfolio of your work and pass an exam or an interview. You must be re-assessed at least every 4 years.

After you complete your assessment, you will receive a certificate number. You will need to provide the number when you register as proof of your assessment.

You must register with BSR to carry out BSR-regulated activities (for example, assessing plans and inspecting). This includes for all buildings from domestic premises to complex, high-risk, multi-use structures.

There will be a public register (one for England and one for Wales) of approved professionals which will include your name, your employer, and details of BSR-regulated activities you are registered to do. Registration will be valid for 4 year, unless varied, suspended or cancelled by the BSR.

Further guidance on the assessment process, the registration classes and the registration process in England and Wales can be found here: www.gov.uk/guidance/register-as-a-building-inspector.

Competency assessment extension period:

From 6 April to 6 July 2024 experienced building inspectors in England can complete their competency assessment and upgrade their registration.

If you are a trainee registering for class 1, you can continue to work in class 1 under supervision.

If you are eligible, the scope of your registration will be temporarily extended to the class of RBI for which you are undertaking a competency assessment.

Extension period eligibility:

If you have not completed your competency assessment to register as a class 2 or 3 RBI (and 4, if applicable), you can continue to work if you meet all of the following criteria:

you are an existing building control professional
you are registered as a class 1 RBI by 6 April 2024
you are enrolled in, and in the process of having your competency assessed through, one of the BSR approved competency assessment schemes by 6 April 2024
a scheme provider has not told you that you have not passed your competency assessment for a second time

If a scheme provider tells you that you have not passed your assessment for a second time before 6 July, you must notify BSR. The temporary extension to the scope of your registration will end and you will only be able to work as a class 1, under supervision.

You must pass your assessment and upgrade your class by 6 July 2024 to continue working on class 2 and 3 projects. If you do not, you cannot continue to work on regulated building control activities.

Build UK - Building Safety Guide

Build UK has published a guide to the new building safety regime, which has been designed to ensure businesses across the construction sector are aware of their responsibilities. Ahead of the next phase of the regime coming into effect from 1 October, the guide is being regularly updated to reflect the regulations and supporting guidance that are being published, alongside Build UK’s timeline showing when key changes are taking effect to support the implementation of the Building Safety Act.

Access the guide by clicking here.

Building Safety Act 2022 - Frequently Asked Questions (last updated - 13 November 2023)

Throughout this section of the page you can find a series of frequently asked questions about the Building Safety Act 2022 and aspects of the new safety regime.

Introduction - What is the Building Safety Act 2022?

1. Why was the Building Safety Act introduced?

The Building Safety Act 2022 (referred to as ‘The Act’) was introduced following the tragic failures in building safety that led to the Grenfell Tower Fire and subsequent deaths of seventy-two people.

The Act is designed to take forward a fundamental reform of the building safety system and address the issues identified by Dame Judith Hackitt DBE in her independent review, Building a Safer Future. When first announced the Government stated that the Act would “deliver the biggest changes to building safety for nearly 40 years and make residents safer in their homes.”

Numerous trade, professional and industry bodies have supported the passage of the Act and recognise the need for fundamental reform of the building safety system.

2. When was the Act passed through the UK Parliament?

The Building Safety Bill was first introduced to the UK Parliament in an announcement made in July 2020. The Bill then made its way through the UK Parliament at speed, gaining Royal Assent and becoming a formal law (The Building Safety Act 2022) on 28 April 2022.

3. What does the Act mean for the construction industry?

The Building Safety Act 2022 makes ground-breaking reforms to give residents more rights, powers, and protections – so homes across the country are safer. For the construction industry, it means an overhaul in existing regulations, creating lasting change and makes clear how higher risk buildings should be constructed and managed to ensure that those who use them are safe and feel safe.

4. How does the Act protect leaseholders from cladding remediation charges?

According to the Government’s guidance, through new leaseholder protection measures, the Act eradicates the idea that leaseholders should be the first port of call to pay for historical safety defects.

Building owners will not legally be able to charge qualifying leaseholders (defined under the Act but including those living in their own homes and with no more than three UK properties in total) for any costs in circumstances where a building (in the majority of cases meaning those over five storeys or eleven metres tall) requires cladding to be removed or remediated.

Qualifying leaseholders will also have robust protections from the costs associated with non-cladding defects, including interim measures like waking watches.

Evolution of the Act

5. How flexible is the Act for future changes?

The Building Safety Act 2022 is primary legislation which establishes in law a framework for building safety both during design and construction and in occupation. A lot of the detail of how the Act will operate in practice has been defined through secondary legislation, known as Statutory Instruments.

The associated secondary legislation can be found on Gov.uk here and covers areas such as the Building Inspector Competence Framework (BICoF), changes to the building control profession and the building control process for approved inspectors and the Building Safety Levy.

6. What other pieces of building and fire safety legislation exist?

a. Fire Safety Act 2021

Before the Fire Safety Act 2021, there was ambiguity as to whether the external walls and flat entrance doors of a multi-occupied residential building should be included in the fire risk assessment for the building required under the Regulatory Reform (Fire Safety) Order 2005 (the ‘Fire Safety Order’ (FSO)).

The Fire Safety Act clarifies that the FSO applies to the structure, external walls (including balconies, doors and windows) and flat entrance doors in multi-occupied residential buildings with two or more sets of domestic premises.

The Act will require Responsible Persons (RP) of multi-occupied residential buildings, with two or more sets of domestic premises, to update their fire risk assessment to include an assessment of the building’s structure, external walls, and flat entrance doors.

The Fire Safety (England) Regulations 2022, which came into force on 23 January 2023, set out the information that the RP must provide to local fire and rescue services. This includes the requirement for RP’s of buildings over 18 metres, or 7 storeys in height, to provide information on the design and materials of external walls and floor/building plans.

b. Building Act 1984

The Building Act 1984 is the primary, enabling legislation under which secondary legislation such as the building regulations are made. It empowers the Secretary of State (for England and Wales) to make regulations for the purpose of securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings.

The Building Act has been amended and updated several times since its original enactment in Parliament. DLUHC publishes guidance called ‘Approved Documents’ on ways to meet building regulations all of which can be accessed here.

Under Part 3 of the Building Safety Act 2022, the Building Safety Regulator becomes the building control authority for higher risk buildings.

c. Defective Premises Act 1972

The Defective Premises Act 1972 requires those involved in constructing a dwelling to ensure that the dwelling is ‘fit for habitation’ when the work is completed.

The Act enables claims to be made for defective work relating to the construction of dwellings where the work renders the dwelling unfit for habitation.

Following the advent of the Building Safety Act, the limitation period (deadline) for claims under the Defective Premises Act is now extended from 6 years to 15 years for new claims. Furthermore, where the claim relates to construction rather than refurbishment, there will be a retrospective 30-year limitation period.

Scope of Buildings in the Act

7. What is the definition of a High-Risk Building?

The Building Safety Act 2022 defines “higher-risk building” as a building in England that is at least 18 metres in height or has at least 7 storeys and, for the purpose of the part of the new regime that regulates occupied buildings, contains at least 2 residential units.

The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (Regulation 2) came into force on 6 April 2023. It specifies that hospitals, care homes and buildings containing at least two residential units will fall within the scope of the design and construction part of the new regime.

Hotels, secure residential institutions (e.g., prisons) and military premises (e.g., military barracks and buildings containing accommodation provided by the Ministry of Defence) are excluded from both parts of the new regime.

Hospitals and care homes are excluded from the in-occupation part of the new regime as they are regulated as workplaces through the Regulatory Reform (Fire Safety) Order 2005.

8. Are there plans for all buildings to be in scope?

The focus of the Building Safety Act 2022 is on higher risk buildings (HRBs) that are at least 18 metres or seven storeys high. However, certain provisions relating to the remediation of relevant defects focus on self-contained buildings, in England that contain at least two dwellings and are at least 11 metres or has at least five storeys.

The Act introduces significant changes to the way in which building safety is regulated, with significant consequences for developers, owners, landlords and tenants of all residential buildings and not just HRBs.

Currently, there are no plans to extend the Building Safety Act 2022 to cover all buildings, however, the legislation has the flexibility for more buildings to be brought into scope over time. This is why we advise all construction companies to familiarise themselves with the Act.

Separately, it would be advisable for all contractors who have carried out works to residential developments to maintain records of any existing records of practical completion of works and, moving forward, maintain sufficient records of each and every project for a period of at least 15 years under changes to the Defective Premises Act 1972 (see 7.c).

New Roles Created by the Act

9. What are the new roles created by the Act?

Plans have been enshrined in the Building Safety Act 2022 to create two new roles to oversee the operation of the new building safety regime. These new roles are intended to create a clear line of responsibility for matters relating to building safety defects and will provide leaseholders and tenants with a point of contact for information about the safety of their buildings. The two new roles that have been created are the Building Safety Regulator (BSR) and Accountable Person (AP).

a. Building Safety Regulator

The Government has named the Health and Safety Executive (HSE) as the new Building Safety Regulator (BSR). The HSE website sets out the primary functions of the BSR. These are:

To oversee the safety and standards of all buildings.
To help and encourage the built environment industry and building control professionals to improve their competence.
To lead the implementation of the new regulatory framework for high-rise buildings.

The HSE will regulate buildings with seven storeys or that are 18 metres or higher, and either:

Have at least two residential units.
Are hospitals or care homes (during design and construction).

There are a number of other responsibilities that the HSE will take on. These include being a statutory consultee for planning applications, providing dutyholders with clear accountability and statutory responsibilities, enshrining the golden thread of building information as well as maintaining a register of occupied higher risk buildings and building inspectors and approvers.

Crucially, the HSE is responsible for maintaining the golden thread of information. To date they have provided a list of the ways in which information will need to be stored as part of the golden thread. These include:

Kept digitally.
Kept securely.
Be a building’s single source of truth.
Be available to people who need the information to do a job.
Be available when the person needs the information.
Be presented in a way that person can use.

b. Accountable Persons

Part 4 of the Act identifies that the dutyholder for occupied buildings is the Accountable Person (AP) (or the Principal Accountable Person (PAP) where there is more than one Accountable Person). The AP is defined as the person who is in possession of the common parts of a building, for example corridors or lobbies, or has the relevant repairing obligation. The underlying purpose of the AP is to create a clear line of responsibility for the safety of a building.

In terms of responsibilities the AP will need to take steps to prevent any building safety risks occurring.

They must also assess the building safety risks relating to the building and demonstrate how they are meeting this ongoing duty via a Safety Case Report, prepare a Residents’ Engagement Strategy to promote the participation of residents in the making of building safety decisions, and establish a framework and process for reporting mandatory occurrences to the Building Safety Regulator. Finally, an AP must apply for and display a Building Assessment Certificate.

10. What happened to the Building Safety Manager role?

The Government scrapped plans to appoint a Building Safety Manager (BSM) under the Building Safety Act 2022 following concerns that the role would be too costly for leaseholders. The Government stated that this would offer flexibility in the regime to enable the accountable person(s) to determine the most appropriate arrangement for their buildings and residents. However, the legal duties imposed on the AP in the Act means that they need to have suitably competent people to undertake the role and many organisations are appointing people to perform the function of the BSM.

11. What is the difference between an ‘accountable person’ as set out in the Building Safety Act and a ‘responsible person’ as set out in the Fire Safety Act 2021?

As noted under 9.b. the ‘Accountable Person’ as set out in the Building Safety Act 2022 is the organisation or person(s) who owns or has responsibility for higher risk buildings (HRBs).

This differs from the ‘Responsible Person’ as set out in the Fire Safety Act 2021, which, under Article 3 of the Fire Safety Order, the ‘Responsible Person’ of a premises must assess the fire risks to people on the premises or within its vicinity (these are described as ‘relevant persons’ in the order). The first assessment helps identify the fire safety precautions the Responsible Person must take to comply with the Fire Safety Order.

The Fire Safety Order applies to:

all workplaces and commercial buildings
non-domestic parts of multi-occupied residential buildings - this includes those areas clarified by the Fire Safety Act

This includes:

balconies
structures
external walls
flat front doors

The Health & Safety Executive (HSE)

12. Who is the Health & Safety Executive (HSE)?

The Health and Safety Executive (HSE) is the national regulator for workplace health and safety. HSE’s stated purpose is to “ensure that people feel safe where they live, where they work and, in their environment.”

The HSE has produced a 10-year strategy that underlines the goals and aims of the organisation.

You can read more about the HSE here.

13. What role does the HSE have to play in the new building safety regime?

The Government has named the HSE as the new Building Safety Regulator (BSR). The primary functions of the HSE as the new BSR have been listed in question 11a.

It is worth noting that, contained within the Levelling Up & Regeneration Act 2023, is the power for the Government to review the role of the HSE in delivering the building safety regime.

14. What is the residents’ panel and what powers will it have?

As part of their responsibilities in the Act the HSE will be required to set up and run a Statutory Residents’ Panel. The Panel will be made up of around 20 existing HRB residents from different locations and housing types, including social housing, private rent, and leasehold owners.

The role of the Panel will be to:

Give BSR advice on aspects of its operation based on real-life experience.
Provide input on guidance relating to residents, plus other BSR documents and procedures.
Assist BSR with developing its annual statement on resident engagement.
Be empowered to set up workgroups to undertake in-depth projects.
Provide input on BSR residents’ research.
Help to test BSR communications material.

The first meeting of the Panel took place in December 2022. So far, the Panel has provided lived experiences to the Regulator on the experience for tenants in HRBs.

The National Regulator for Construction Products

15. What is the National Regulator for Construction Products?

In January 2021, the Government announced that the Office for Product Safety and Standards (OPSS) would take on responsibility for the national regulation of construction products.

More information on the NRCP, including its full remit, is expecting in the coming months. In the meantime, further information can be found here.

16. What role do they have to play in the new building safety regime?

The National Regulator for Construction Products (NRCP) was created in line with the recommendation made in Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety.

The Regulator’s primary responsibility is to ensure homes will be constructed using ‘safe’ materials. The regulator will have the power to remove any product that represents a significant safety risk and to prosecute companies that break the rules.

OPSS started work to establish the new Regulator in April 2021 and has begun to lead and coordinate work that will set a new regulatory approach for construction products. The intention is that the NRCP will become fully operational once the subsequent secondary legislation have been approved by Parliament. This new legislation would give OPSS all the necessary legal powers to carry out its duties as the Regulator in full.

New Homes Quality Board (NHQB)

17. What is the New Homes Quality Board (NHQB)?

The NHQB is an independent body which has been established to increase quality in the built environment. Broadly, the purpose of the NHQB will be to establish a framework to ensure that there is a high standard of new homes and services and that there is power of redress for purchasers where the quality of new builds is not achieved.

The NHQB, at present, is constituted of representatives from consumer bodies, lending industry peers, Homes England, developers, providers of new home warranties and independent members.

Amongst its various duties the NHQB will:

Provide support and information to consumers and industry.
Hold the register of developers of new build homes.
Collect an annual registration fee from developers to fund the new arrangements.
Discipline and sanction poorly performing developers.
Report and publish details on industry performance.

You can read more about the NHQB here and New Homes Ombudsman here.

18. What role do they have to play in the new building safety regime?

Another key role that NHQB will play is to put in place and oversee the New Homes Ombudsman Service as well as to develop a new industry code of practice called the New Homes Quality Code.

The New Homes Ombudsman will adjudicate any complaints made against the new quality code and provide redress for new home buyers. Government has stated that access to the Ombudsman’s services will be free to consumers.

The above-mentioned Code, which was launched in October 2022, is asking developers to register with the Ombudsman as a commitment to providing quality new build homes. Registration with the Ombudsman will help to provide purchasers with assurances that the home they are buying is of a certain quality. If this is not the case, purchasers will be protected by the Ombudsman who will be able to enforce alterations to bring the quality of the home up if the developer is registered with the Ombudsman. This can be checked through a list of registered developers.

Golden Thread

19. What is the Golden Thread?

Dame Judith Hackitt, in her report, Building a Safer Future, recommended the introduction of a ‘Golden Thread’ to support dutyholders in designing, constructing and managing their buildings as holistic systems, taking into account building safety at all stages in the lifecycle.

The golden thread is both the information that allows you to understand a building and the steps needed to keep both the building and people safe, now and in the future. A full definition of the golden thread has been published here.

Building owners and managers will need greater traceability to avoid attention from the Building Safety Regulator and to understand and document all the materials and assets that were used during the construction process.

The intention is to ensure that the right people have the right information at the right time to ensure buildings are safe and building safety risks are managed throughout the building’s lifecycle.

20. When does the Golden Thread come into place?

The Act creates a legal duty on dutyholders and APs to obtain, create, keep and give information or documents in accordance with prescribed standards. The Higher-Risk Buildings (Key Building Information etc.) Regulations 2023 clarify that the prescribed information, known as key building information, must be submitted within 28 days of applying for registration and must be in electronic form.

Guidance on storing a building’s information can be found here.

21. Is the industry aware of the responsibilities of the Golden Thread?

CIOB partnered with i3PT Certification back in December 2020 to publish the findings of an in-depth survey that examined the UK built environment’s ability to deliver a digital golden thread of information. It found that most respondents were confident in their own understanding of the golden thread, however less than half believe that the appropriate people in their organisation share the same level of understanding. A full copy of the report can be found here.

22. What information is required to be stored as a result of the Golden Thread?

The Golden Thread is a digital record of all project and asset data, detailing how a building was designed, built, managed and operated. It acts as a live repository, linking all data, recording decisions and therefore giving a clear accountability trail to reduce risk and improve safety. It also introduces a three-stage gateway process, with the requirement for a safety case review at each gateway. These are discussed in further detail under point 23.

Full details on what information is required to be stored as part of the golden thread can be found here.

Gateways

23. What are the gateways?

Under the Act there is a requirement to demonstrate building safety though a new system of gateway points during design & construction, and a Safety Case Report during occupation. Importantly the gateways apply for construction, refurbishment and on any works in HRBs.

There are three gateways that developers will need to go through. These are:

Planning Gateway One - introduced on 1 August 2021 to ensure that fire safety matters, as they relate to land use planning, are incorporated at the planning stage for schemes involving a higher risk residential building.
Gateway Two - will occur prior to construction work beginning on a higher risk building and replaces the current building control ‘deposit of plans’ stage. It provides a ‘hard stop’ where construction cannot begin until the Building Safety Regulator is satisfied that the design meets the functional requirements of the building regulations. For complex schemes there will be allowances for plans to be submitted in phases, but this will be at the discretion of the HSE.
Gateway Three - is equivalent to the current completion/final certificate phase, where building work on a higher risk building has finished and the Building Safety Regulator assesses whether the work has been carried out in accordance with the building regulations. Only once Gateway Three has been passed can the new building be registered with the Building Safety Regulator and occupation of the building allowed to commence. There is a proposed 12-week period for the HSE to approve the application for a Completion Certificate and it will be an offense for the building to be occupied without this certificate.

If details are changed between Gateway Two and Gateway Three applicants will need to submit these changes to the regulator for approval.

During the Building Safety Regulator Conference, the HSE provided a list of some of the prescribed documents to be submitted as part of the gateway process. These included:

Construction Control Plan.
Fire and Emergency File.
Building Regulations Compliance Document.
Planning Statement.
Mandatory Occupancy Report.
Change Control Plan.
Competence Declaration.
Description of Mandatory Occupancy Reporting System.
Plans, details and specifications.

Enforcement

24. How will the new regime be enforced?

As noted in 9.a. the Building Safety Regulator will oversee building owners of higher-risk buildings to ensure that they are carrying out their legal responsibilities under the Act. Its enforcement approach will:

exercise its powers in line with regulatory best practice.
take a consistent and proportionate approach.
target enforcement activity at cases where action is needed.
work closely with existing regulators such as local authorities and fire and rescue authorities.

During the recent Building Safety Regulator Conference, held on 22 March 2023, the HSE provided further information about the enforcement powers that have been provided to the Regulator. These have been captured in the image below provided to delegates at the conference.

Enforcement options for building safety failures

Further information on the Regulator and its enforcement can be found here.

25. Has anyone been penalised under the new Act?

There have been a number of formal prosecution under the Building Safety Act 2022.

Importantly, in November 2023 the first remediation order, forcing a landlord to undertake work to fix defective external cladding and other safety issues was passed.

Devolved Nations

26. What does the building safety landscape look like in:

a. Wales

While the Act did not extend to Wales, in March 2022, the Welsh Government voted to adopt the Building Safety Bill in a legislative consent motion. This means that the Act will be adopted into Welsh legislation, and Welsh Ministers will need to establish and maintain a register of building control approvers and building inspectors. Welsh Government will also need to consider the effect of the altered definition of higher-risk buildings and higher-risk building works, the need for greater cooperation and information sharing between Wales and England on building information, and the extension of the Defective Premises Act to 30 years amongst others.

In early 2021, the Welsh Government consulted on changes to introduce a new building safety framework through the Safer Buildings White Paper. Much of the White Paper aligned with the principles of the then emerging BSA including the introduction of a dutyholder role and the implementation of a golden thread of information. The White Paper was based on reforms set out by the Welsh Government’s Building Safety Expert Group in their report ‘Road Map to Safer Buildings in Wales’.

CIOB is currently engaging with the Welsh Government representatives to discuss their approach to fire safety in the construction industry in light of a lack of UK-wide approach. We have also responded to several consultations, including the Welsh Housing Quality Standard 2023 (WHQS2023) which accounts for new safety, security, and fire safety measures in social properties across Wales.

At the end of 2023 the Welsh Government consulted on the definition of High Risk Buildings in Wales. The outcome of the consultation can be found here. The Welsh Government also consulted on Part B (Fire Safety) of the Building Regulations. The consultation looked for feedback on a number of key issues including introducing an Evacuation Alert System (EAS), limiting the use of combustible materials on certain buildings and amending the ban of combustible materials in and on external walls.

b. Northern Ireland

The current regulations for Northern Ireland (NI) are the Building Regulations (Northern Ireland) 2012, which came into operation on 31 October 2012.

The UK BSA does not extend to NI, however, there are certain elements they need to be aware of such as the adoption of the New Homes Ombudsman Scheme, increased information sharing between NI and England, increased liability relating to construction products and the new architects registration board.

Despite not adopting the Act, the NI Assembly has to date received around £33.4m for cladding remediation from the UK Parliament. Alongside this, the Assembly has committed a further £1m fund to pay for the removal of ACM cladding on private buildings higher than 18m.

CIOB is engaging with the Chair of the new panel on building safety in NI with a view to joining. The new expert panel will review building safety in NI in response to Dame Judith Hackitt’s independent review for the UK Government.

c. Scotland

The Act does not extend to Scotland, however, there are certain elements they need to be aware of such as the amendments to the Health and Safety at Work Act 1974, extended liability relating to construction products, the new architects registration board and the implementation New Homes Ombudsman Scheme. Notably there are not many aspects of the Act that apply to Scotland including the extension of the Defective Premises Act which currently does not apply to Scotland at all.

In 2017 the Scottish Government announced its own independent review of Scottish building standards and its fire safety regime. Since the release of this review the Scottish Government’s Building and Fire Safety Ministerial Working Group has been meeting to oversee a review of fire safety frameworks, regulations and guidance.

Despite not adopting the Act, the Scottish Government has been meeting with the UK Health & Safety Executive (HSE) to understand whether they would act as the regulator for Scotland. As of August 2022, the HSE has confirmed that its Scottish branch will not be the regulator in Scotland.

CIOB is currently engaged with the Scottish Government, having joined its Cladding Stakeholder Working Group. We have issued a joint response to the letter written by the Scottish and Welsh governments on fire safety, highlighting CIOB’s work on building quality and safety and our willingness to partner with Governments as initiatives develop.

In November 2023, the Scottish Government published their draft Housing (Cladding Remediation) Bill. The Bill, in its current form, seeks to settle issues with accessing buildings that need cladding remediation as well as establish powers to assess and remediate buildings with unsafe cladding through a Single Building Assessment process. It would also establish a "Responsible Developers" scheme to encourage developers to pay for and carry out remediation work. A consultation was launched in which CIOB provided feedback. We were subsequently invited to provide oral evidence to the Housing, Planning and Local Government Committee based on our response. You
can watch the full session here.

Since then, CIOB has responded to a consultation from HM Treasury on devolving the powers for a Scottish Building Safety Levy to the Scottish Government. Broadly we were supportive of the idea of devolving this responsibility.

CIOB Building Safety Qualifications

Through the CIOB Academy and our registered partners we provide a variety of qualifications relating to building safety to ensure that the industry is prepared and properly skilled for the new competencies required as part of the Building Safety Act 2022.

Some of our current qualifications include:

Certificate in Fire Safety for Construction - The CIOB Certificate in Fire Safety for Construction is designed for a range of construction related occupations including duty holder roles such as Building Safety Manager and project managers working on higher risk buildings. This qualification comprises two units and is designed to develop the learner’s knowledge and skills to understand and manage the fire safety of buildings effectively and efficiently. More details can be found here.
Diploma in Building Safety Management - Our Diploma in Building Safety Management is designed for construction professionals moving into this key duty holder role. The qualification develops the learner’s knowledge and skills to manage the safety of the building in occupation. This qualification comprises six units. More details can be found here.
Building Control Qualifications - Within this suite of Building Control Qualifications are four qualifications which are designed to develop learners’ knowledge and skills. These include a Level 6 Certificate in Fire Safety for Building Control - Complex Buildings, CIOB Certificate in Managing Legislative Compliance in Building Control, CIOB Certificate in Managing Public Service Building Control and CIOB Certificate in Building Control for Safety at Sports Grounds and other Public Events. Detail on all of these courses can be found here.
New - Building Safety Act Awareness eLearning course - In November 2023, the CIOB Academy launched a Building Safety Act Awareness eLearning course. It has been produced by Equans in collaboration with Build UK and its members, including Skanska, Willmott Dixon, RLB, Mace and 3B Training. The 90-minute online course is structured around four key areas, including an introduction to the Building Safety Act 2022, Building Safety Act legislation, roles and scope, and the ‘golden thread’. The course, which is available at the not-for-profit cost of £25 can be accessed on the CIOB academy website Building Safety Act: Awareness (registration required).

New - CIOB Principal Contractor Competency Certification Scheme (PCCCS)

Demonstrating competency is now a legal requirement for the new dutyholder roles of the Building Safety Act.

This is why in March 2024, CIOB launched the CIOB Principal Contractor Competency Certification Scheme (PCCCS) to provide a route to proving your competency as a Principal Contractor, as required by the Building Safety Regulator (BSR). The regulatory transformation introduced with the establishment of the BSR includes the creation of new safety-critical roles, including the Principal Designer and Principal Contractor, both with building safety responsibilities.

CIOB’s PCCCS is suitable for individuals performing or appointed to the role of the Principal Contractor, and is open to those currently carrying out the Principal Contractor role under the Building Safety Act 2022. The applicants must also either be current members of CIOB or an alternative qualifying professional body.

To check your eligibility, and to register, click here: www.ciob.org/learning/specialist-certification.

Built Environment – Framework for the competence of Site Supervisors in England

Following Grenfell, the Construction Industry Council set up an Industry Response group to aid Dame Judith Hackitt in her work. A subgroup, the Competence Steering Group, was formed to examine the important issue of competence, which was responsible for developing competence frameworks for key professionals. Site Supervision was identified as an important work stream and we have taken the lead on this work. This framework sets out baseline requirements for non-Higher Risk Residential Buildings and further competencies for Higher Risk Residential Buildings in recognition that the Building Safety Act covers all buildings that are subject to Building Regulations.

Built Environment – Framework for the competence of Site Supervisors in England.pdf (pdf 3853 kb)

Mandatory Occurrence Reporting

In January 2024, guidance came out about how to submit a mandatory occurrence notice and report for higher-risk buildings to the Building Safety Regulator (BSR).

The important point to highlight is that a safety occurrence includes both an incident that has happened and the risk of an incident happening in the future.

The responsibility for submitting a mandatory occurrence notice and report during construction sits with the dutyholders i.e. the Principal Designer (PD) and Principal Contractor (PC). Further information can be found below:

MOR service start page Submit a mandatory occurrence notice and report - GOV.UK (www.gov.uk)
MOR guidance Submitting mandatory occurrence notices and reports - GOV.UK (www.gov.uk)
MOR system guidance Operating a mandatory occurrence reporting system - GOV.UK (www.gov.uk)
Updated contact us start page (including Complaints) Contact the Building Safety Regulator - GOV.UK (www.gov.uk)

Coverage links

CIOB's comment on Building Safety Act 2022 secondary legislation

CIOB's reaction to the Government's second staircase rule

Insurance Broker Pledge - Department for Levelling Up, Housing & Communities

In November 2023, the government published guidance on five agreed insurance brokers who will be changing their practices to assist leaseholders in buildings over 11 meters and/or four stories affected by fire safety issues.

The pledge, drafted with the Financial Conduct Authority (FCA), Competition Markets Authority (CMA) and insurance brokers, will look to reduce costs for leaseholders who are currently facing high premiums for buildings that have been remediated or need remediation.

The full pledge can be viewed here.