CIC welcomes the Building Safety Act, which received Royal Assent, having liaised with officials at DLUCH (Department for Levelling Up, Housing and Communities) since the Grenfell tragedy in 2017.
CIC has provided wide ranging input, representing our membership, into the Hackitt Review, the draft bill and the Bill which has, amongst other things, sought to implement her recommendations. This included through the DLUCH Industry Response Group and in providing oral and written evidence to the Select Committee inquiry into the draft bill and the Bill.
CIC is also particularly pleased that the establishment of a New Homes Ombudsman is taken forward in the Act, since this implements the main recommendation from the ‘More Homes, fewer complaints’ report. This is a report from the All Party Parliamentary Group for Excellence in the Built Environment/CIC Commission of Inquiry into the quality and workmanship of new housing in England, which was published by CIC in July 2016.
The Act represents a paradigm shift in the way in which residential buildings are to be designed, built, managed and regulated. However, despite the scale of the Act (262 pages) and the vast number of amendments that have been made to it, there is still a great deal of detail to be determined through secondary legislation which CIC and its members stand ready to further assist government by providing expert opinion to enable government to get this detail right.
One issue that needs to be addressed is that, despite the five years that have elapsed since Grenfell, the wider industry is still ill-prepared for the changes to come. In tandem with the transitional period of 18-24 months for the implementation of secondary legislation there needs to be a considerable communication exercise to create the necessary culture change in the industry and to absorb the new regulatory regime.
CIC especially welcomes the specific focus on improving competence across all sectors engaged in the design, construction, maintenance, management and regulation of residential buildings. This carries forward the work of the Competence Steering Group that CIC has hosted over the past four years. CIC will continue to work closely with colleagues in the construction, built environment, fire safety and building owner/manager sectors to continue our engagement with the interim Building Safety Regulator and the Interim Industry Competence Committee.
Whilst welcoming the Act, which has taken two years since the publication of a draft bill in 2020, CIC has a number of reservations about the extensive changes that have been made during the passage of the bill. In particular, the holistic process recommended by Dame Judith Hackitt in 'Building a Safer Future' (May 2018) has been cherry-picked. In some regards, her recommendations have been expanded upon (for example, in relation to scope, which we welcome) and in others they have been watered down and her rounded approach to achieving building safety has been impacted.
The last-minute change of heart about the statutory requirement to appoint a Building Safety Manager is a prime example of this break from the Hackitt recommendations. The role has been removed but the functions to ensure the building safety of residents remain and the idea that the cost of providing building safety management of occupied buildings, in scope to the Act, will not fall on the residents is unlikely to be the case, irrespective of whether there is a duty to appoint a Building Safety Manager.
CIC also remains concerned about the impact of extended liability under the Act, including for any works to dwellings (whether higher risk or not), and under the s38 of the Building Act. It is particularly concerned about extending the period of liability under the Defective Premises Act from six to thirty years and retains the belief that such a period of retrospective strict liability is unworkable for practical and contractual reasons. This amendment is likely to further exacerbate an already uncertain market for professional indemnity insurance (PII).
The PII market for construction-related activity in general and any work on high-rise residential buildings, in particular, is already far too weak to meet demand and there is adequate data to show that businesses are leaving the marketplace as a result. This is a major problem that requires urgent government intervention to enable businesses to continue to be able to carry out work on the design, construction and management of high-rise residential buildings and more widely, on fire risk and building safety work. Taken together with the rising cost of building work, particularly in relation to construction product availability and inflation, this will have a constraining impact on the industry’s ability to meet housing demand, especially affordable housing. This is a matter that the Treasury will need to consider very carefully.
The CIOB points out that despite the Bill becoming law, many of the provisions will not come into force until twelve to eighteen months from today, requiring the formation of secondary legislation and to prepare the industry for the new regime. The Government has published a rough transition plan of the main regime which can be found here.
CIOB will continue to assist members and the wider industry prepare for the new regime. To support the implementation of the Act, we have launched a Level 6 Diploma in Building Safety and Management, which is designed for construction professionals moving into this key dutyholder role. The qualification develops the knowledge and skills needed to manage the safety of relevant buildings in occupation, and has been released in conjunction with the Level 6 Certificate in Fire Safety for Construction, which is designed for a range of professions – including dutyholder roles and those working on higher-risk buildings.
The Institute will also be creating an asset page to inform members about the Act, with links to relevant training and information to ensure they are prepared for the new regime.
“We are pleased the Building Safety Bill has received Royal Assent to ensure building safety is a priority and to provide much needed accountability in the system,” said Eddie Tuttle, Director of Policy, External Affairs and Research at CIOB.
“This provides long overdue certainty for the industry, though the next twelve to eighteen months will be crucial in preparing built environment professionals for the new roles and competencies that will be required.
“However, concerns remain that some of the recent amendments, such as removing the duty to appoint a Building Safety Manager, will lead to a lack of clarity over the right competencies and training for those in the “accountable persons” role and potential inconsistency in the implementation of Building Safety management regimes.
“CIOB, in line with its public benefit mandate, will continue to play a vital role in supporting the quality and safety agenda. CIOB will also continue to collaborate with our sister professional bodies to help ensure the new arrangements are workable in practice and that the development of secondary legislation and guidance is fit for purpose.”
Peter Caplehorn, Chief Executive of the Construction Products Association, welcomed passage of the Building Safety Bill, as it demonstrates the government’s progress in meeting the ambitions and recommendations of Dame Judith Hackitt’s review of building and fire regulations.
“While there is much here we still are studying, in general, we agree with the objectives and good outcomes it seeks to deliver,” he continued.
“The overhaul is potentially sweeping; however, as this is only the primary legislation, the secondary legislation and guidance will be crucial. We are already following closely the establishment of the National Regulator for Construction Products; this will now take us to the next step in creating a new product arena. We are particularly interested in learning details about plans defects liability, as well as the regulatory framework and Building Safety Regulator, all of which will have a massive impact on industry’s culture and practices.”
