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 BUILDING SAFETY BILL (England & Wales & UK)  14/09/2020 - under preparation - article by John Bone, C.Build.E MCABE, BSc Hons.

The draft Building Safety Bill [BSB] [BSact2021] was published on 20 July 2020, and sets out how the English Government will bring forward to Parliament proposals to reform the whole building safety regulatory system. The Building Safety Bill will alter how safety compliance will be managed and demonstrated and recorded and published in occupied buildings, by imposing legal duties on the (new) Accountable Person and (new) Building Safety Manager - it also creates new legal duties on existing duty-holders (which were originally created by the CDM regulations 2015) during the erection of a building, to ensure it complies with the relevant Building Regulations material, performance and safety requirements.

The bill greatly amends and extends the scope of the existing Building Act 1984.

The Bill also creates a new national "building safety regulator" (for England) [BSR] [Regulator] and provides new powers for the the Regulator, for the Built Environment, and its supervision, authorisation and licencing of "Building Control Authorities (in England) and "registered building control approvers" - the new bill abolishes the role of "approved inspector".

The new Building Safety Regulator will be a new separate division of the existing  HSE [Health and Safety Executive]  - originally created by the  HASAWA-1974 [Health and Safety at Work, etc. Act 1974] The new Regulator will report annually to Parliament, on its statutory role and its rolling annual plan for improving the building environment professionals levels of competency. The Regulator will have the power to create new Building Regulations, Service Delivery Standards & Codes of Practice. All subject to Parliamentary approval via "Statutory Instruments". [A system that the HSE has adopted since its creation in 1974.] The Regulator will have the power & duty to issue appropriate safety guidance to the built environment industry and the public.

The bill will requires a building control authority to agree "approved plans" for new 'higher-risk' buildings & multi-occupied blocks (of any height) before any building work starts on site. A new building's design must not be approved or rejected, without considering a report on the documents showing the proposed design from a 'registered building control inspector'.

The Building Safety Bill sets down 3 gateways, [1. Planning, 2. Commencement of work, 3. Occupation [& Building Regulations Completion] and at each of these stages a building scheme must "stop" unless the Regulator accepts the design information, and documentation for fire safety & structural safety, building regulation compliance and proposed work method statement, at that stage is satisfactory and acceptable.

The Bill also set out a new and greatly extended "Construction Product Regulation" system. The Bill gives the new Regulator the power to order the withdrawal (and/or recall) of dangerous products, from the (uk) market.

The Bill gives the Regulator a duty to establish a list of "safety critical products".

The Bill also sets up a statutory register for "Building Control Inspectors" - it will become a criminal offence to impersonate a "registered building inspector".

The Bill alters the ARB (Architects Registration Board) powers in respect of registered Architects, requiring annual CPD training as a condition of registration, and authorising the ARB to collect annual fees from its registered architects.

The Bill will require the Regulator to act to improve the proven competency of all built environment professions and professionals.

WALES: The Welsh Government has issued a position statement in which it has accepted the broad outline of the above enhanced building control regime, set out in the BS Bill and so it will incorporate these enhanced regulatory features in support of its devolved "Welsh Building Regulations". Note: It has already been a basic requirement since Jan 1st 2017 (before the Grenfell Tower fire in June 2017) for all new houses in wales to have active automatic fire suppression (water-sprinkler or water-mist) systems - this is far more than the minimum fire safety provision required in England, Scotland, and Northern Ireland.

It is not known how Northern Ireland's "Building Regulations" or Scotland's "Building Standard Regulations" will respond to THE DRAFT "English" Building Safety BILL proposals. Clearly the new enhanced Construction Products Regulations will be UK wide in their practical effect.

 FIRE SAFETY BILL 2020 

The Home Office, is promoting a short [just 3 clauses] FIRE SAFETY BILL 2020 to update the existing "Fire Safety Order 2005" legislation. [long title - Regulatory Reform (Fire Safety) Order 2005]

There is also a public consultation on proposed amendments to the FSO to bring it more in line with the Grenfell Tower Public Inquiry's [GTI] recommendations.

LABC - Briefing on THE DRAFT BUILDING SAFETY BILL

In July 2020 the government published its draft Building Safety Bill (along with other documents). The proposals include substantial changes to the Building Act required to make the building regulation system safer following the Grenfell tragedy.

When enacted these changes will revolutionise the whole building control system and will place significant new duties and risks on all local authorities in England.

The draft Bill sets up a Building Safety Regulator. Three of its main functions will be:

1. to oversee the safety and standards of all buildings

2. to directly regulate the safety of higher-risk buildings during construction and after occupation

3. to improve the competence of all those involved in the construction and management of higher-risk buildings.

The Regulator will be able to request local authorities and fire and rescue authorities support its work by providing staff or information and if necessary it will have the power to direct them to do so.

Importantly local authorities will be reimbursed for the costs of this support of the national Regulator.

The Bill provides the ‘enabling’ legislation to set up the new (Building Safety) Regulator.

TASK 1 • 400 – the average number of new 'higher-risk' buildings constructed each year

TASK 2 • 12,500 – the estimated number of existing 'higher-risk' buildings to be included on the Regulator’s register

FACT • There are 1,000,000+ people living in known 'higher-risk' buildings in the immediate ‘scope’ of the new BS Regulator