George Pleasance
Projects Director

News

A guide to the BSA

At K2 we are totally committed to supporting a safer future for those who use the buildings that our industry creates. The Building Safety Act 2022, introduces essential reform that aims to deliver this. We’ve been getting under the skin of the new legislation and breaking down as much essential information as possible to share with our clients and partners.

At K2, we have extensive experience in the residential sector which has driven us to take the lead on this impactful change to the way we build.

Below is a brief guide of what you need to know whether you are public or private sector, investor, developer, contractor or consultant.

Firstly it is important to note that parts of the Building Safety Act apply to all buildings where building regulations apply, not just what are referred to in the legislation as Higher Risk Buildings [HRB’s]. However, there are additional requirements for those buildings classed as HRB’s.

Is your building a High Risk Building?

Check if your building is a HRB

Is your building over 18m high?                                                       Yes / No

Is your building over 7 storeys high?                                              Yes / No

Does your building contain at least 2 residential units?                Yes/ No

 

If you answered Yes to ALL of the above then your construction project is considered a higher risk building and this includes hospitals, care homes and student accommodation.

There are just a handful of exclusions which are hotels, prisons and military accommodation which are not currently classed as higher risk buildings but may well be in future. 

 

Dutyholders

The BSA creates a new dutyholder regime during design and construction, based on equivalent roles in the CDM Regulations, with specific responsibilities.

  • Dutyholders must have arrangements and systems in place to plan, manage and monitor both the design work and the building work to ensure compliance with building regulations.
  • A client must ensure the allocation of sufficient time and resource to ensure compliance.
  • Dutyholders are required to cooperate, communicate, and coordinate their work, with other dutyholders and provide information to other dutyholders.

 

Competence

The Client must ensure that those individuals or organisations they appoint are competent to carry out the design work and building work and only undertake work within the limits of that competence.

For individuals this is skills, knowledge, experience and behaviours and for an organisation this is organisational capability.

These duties apply to all building work.

 

Are you an Accountable Person or a Principal Accountable Person?

An Accountable Person [AP] is an organisation or an individual who owns an HRB or has a legal obligation to repair any common parts of the building. Each building must have one clearly identifiable AP, known as the Principal Accountable Person [PAP].

If there is just one AP for a building, then they are the PAP. When there are multiple APs, then whoever owns or has a legal obligation to repair the structure and exterior of the building is the PAP.

Accountability

APs and the PAP cannot delegate their legal obligations to others. APs and the PAP can employ an organisation or individual, like a managing agent, to carry out duties on their behalf. However, the accountability for making sure those duties are carried out and the liability for a building’s safety remains with the APs and PAP. APs and the PAP can be accountable for the fire and structural safety risks of more than one building.

If you are embarking on your first project since the legislation was introduced then please contact George Pleasance at K2 and we can help you to navigate all the changes with the support of our legal team.

 

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