Building Safety Act and Principal Designer
The Building Safety Act 2022 introduced changes for how buildings are designed, build and managed, with particular attention to higher risk buildings (taller buildings that could pose higher risks). The aims of the Building Safety Act 2022 include:
- Make building safer
- Clarify who is responsible for safety (accountable person)
- Improve safety in the regulations.
This new regulation has impact on the Building Regulations and on how projects are approved.
Key changes introduced by the Building Safety Act 2022:
- Introduction of the Building Safety Regulator (BSR) with the role of overseeing building safety and enforce compliance. The BSR is part of the Health and Safety executive. Building Control applications for higher risk building are managed directly by the BSR.
- New dutyholders roles with clear duties for designers, contractor and clients/developers.
- Golden Thread of Information: for each building a record of design, construction and changes must be kept throughout the building’s life.
- For higher risk building someone must be appointed to take the legal responsibilities for managing fire and safety risks. This person is called accountable person.
- Extended legal liability for building defects.
Building Safety Act and CDM Regulations
The Construction (Desing and Management) Regulations 2015 (CDM Regulations) is focusing on health and safety during the contraction process. While the Building Safety Act is responsible for the safety of the people who live in the building. Both regulations overlaps and work together.
For example, both regulations include the key role of the Principal Designer (PD).
Principal Designer role – CDM Regulations and Building Safety Act
The Principal Designer (PD) under the CDM Regulations is responsible for making sure that safety is considered during the design and construction phases. The responsibilities differs under the two regulations.
Under the CDM Regulations the PD:
- Is responsible for the health and safety of the building site.
- Must be appointed of there is more than one contractor (subcontractors are considered contractors).
- Inform the client of their duties and responsibilities.
- Prepare safety documents before the construction begins.
- Submit the F10 notification form to the Health and Safety Executive when required.
- Visit building site to manage safety risks.
- Prepare the health and safety file at completion.
Under the Building Safety Act the PD:
- Ensures that the building meets the Building Regulations.
- Visits site to assess the progress.
- Make sure the information are shared with the team involved.
- Confirm in writing at completion that the project complies with the Building Regulations. (note: this is required for the Principal Contractor as well).
The same roles can be covered by the same person or company. The Principal Designer is appointed under both regulations by the client and often the architect cover this role.
Impact for Clients
Under the Building Safety Act, clients starting a building project have several responsibilities:
- Appoint competent Principal Contractor (PC) and Principal Designer before the building works start (or earlier for high risk building).
- Provide relevant information on the building and support the Golden Thread.
- Keep track of decision and safety measures.
- Help monitor that the building meets the Regulations.
- At project completion the client must declare that the works complies with the legal requirements.
High Risk Buildings
Major changes were introduced by the Building Safety Act regarding high risk building.
A high risk building is:
- 18m high or has at least 7 storeys
- and contains: at least two residential units, a care home, a hospital
Building control applications to build a new high risk building or to make changes to an existing high risk building must be submitted to the Building Safety Regulator and works cannot start until the application is approved.
The submission includes existing and proposed drawings and detailed documents that for examples demonstrate compliance with the Building Regulations or explain how the team manage changes to the design. Once the application is approved, some of these changes must be communicated and approved by the BSR before they can be implemented on site.
Principal Designer and Principal Contractor must be appointed by the client before the application to the BSR is submitted.
During the construction phase the BSR:
- must be informed of the progress.
- will carry out site inspections during the site works
- issue a final certificate at completion only if everything complies.
How can we help our clients?
- We help our clients understand their duties and responsibilities.
- We can act as Principal Designer under both CDM Regulations and Building Safety Act.
- We will make sure all safety documents are in place.
- We liaise with Registered Building Inspector or local authority.
- We have experience working with high risk building and we can help manage the Building Safety Regulator submission.
