The government has published its Building Safety Bill signalling what it says are “the biggest changes to building safety for nearly 40 years,” with the industry told to immediately prepare for them.
The Bill, presented in draft form, is designed to improve building safety regulations and focus on residents’ safety following the Grenfell Tower fire of 2017. Through the Building Safety Regulator, the legislation will enforce “stringent” rules applying to buildings of 18 metres or more or taller than six storeys from design to completion.
The Ministry of Housing, Communities and Local Government (MHCLG) said that residents had helped develop the proposals within engagement groups. Under the regulations, those living in high rise buildings can challenge their building owner for failing to act and will have easier access to safety information on their dwelling as well as a “swift and effective” complaints process.
RIBA Fire Safety Group Chair, Jane Duncan, said: “This draft legislation makes some positive changes, outlining the functions of the new Building Safety Regulator (BSR), amending the Building Act 1984 and giving the Health and Safety Executive (HSE) much needed power to improve Building Standards.
“However, it’s disappointing that the scope of the new regulatory system has not been widened to apply to other high-risk non-residential buildings at any height – fire does not discriminate. Over three years on, there is still no commitment to review all relevant technical guidance documents, or clear outline of responsibilities for duty holders who work on the design, construction and maintenance of buildings, which is particularly crucial given the proposed responsibility for competency for the Architects Registration Board (ARB).
“The government has a once in a generation opportunity to overhaul the UK’s building regulations to ensure buildings and people are safe – and it must get it right.”
The long-trailed Building Safety Regulator – currently being set up within the Health and Safety Executive - will be fully established, with the power to hold building owners to account “or face the consequences”.
The Bill will also include a new “building safety charge”, offering leaseholders greater clarity on the costs involved in maintaining a safe building, MHCLG added. This will “deliberately” include various powers to limit the costs passed onto leaseholders.
On this point, government expert Michael Wade has been instructed to test and recommend funding solutions “to protect leaseholders from unaffordable costs of fixing historic defects, ensuring that the burden does not fall on tax payers”.
MHCLG will also publish a consultation today, setting out proposals to implement recommendations from phase one of the Grenfell Tower inquiry which will require a law change. The document will explore how to strengthen fire safety in all regulated buildings in England.
Housing secretary Robert Jenrick said: “This is a significant milestone on our journey to fundamentally improving building safety and delivering real change that will keep people safer in their homes.
“I remain committed to making sure we get this right, which is why I will be publishing the draft Bill for scrutiny and improvement before it is introduced in Parliament.
“I am also calling on the industry to actively prepare for these changes now. It is vital that the sector moves in step with us, to provide confidence and reassurance to residents that their safety is firmly at the heart of everything we do.”
Dame Judith Hackitt, author of the Independent Review of Building Regulations and Fire Safety, said: “I welcome this draft Bill as an important milestone in delivering the fundamental reform this industry needs to make residents and buildings safer. It meets the ambitions and recommendations set out in my review.
“And industry must be in no doubt that it is not enough to wait for the Bill to become law before they implement changes; we expect them to start taking action now.”
Lorna Stimpson, LABC Chief Executive, welcomed the publication of the Bill in draft form but pointed out there is still much to do to get the details right.
“LABC will be working across the industry to make sure the Bill when it finalised does all the things it needs to do to make our buildings safer – but the devil will be in the detail,” added Lorna Stimpson.
“So far what we know is the HSE will become the Building Safety Regulator with far reaching powers to appoint building control inspectors, for higher risk building work. And all building control practitioners will need to be licensed and have to prove their competence to practice. New defined standards and processes with legal responsibilities for those commissioning and managing buildings will be introduced and for the first time, local authorities and individual building control inspectors will be responsible and legally liable for their decisions.
“Local government across England needs to understand these changes and how they will affect not only their building control teams but their responsibilities more generally. Please don’t think because there are no high-rise tower blocks in your area it won’t affect you. It will.
“So you can see the impact of these changes on all English local authorities will be huge, with building control teams needing investment and additional learning so they can evidence their resourcing, competence, standards and resilience.
“We have to ensure public safety. Change has to happen and it has to happen now.”
