Tomorrow marks the deadline to register all Higher-risk Buildings (HRB) with the newly introduced HSE Building Safety Regulator. Safer Sphere urges designers and building owners to seek urgent competent advice to ensure their building projects comply with the Building Safety Act (BSA) and provide adequate consideration to future HRB projects. 

Last week, Safer Sphere were privileged to join Shoosmiths LLP at their Building Safety Act conference in London for an informative and illuminating session. Experienced construction lawyers and former judges gave their thoughts on how the courts may interpret critical parts of the legislation, expanded on the Acts’ deviations from embedded concepts in English law and offered takeaways and understanding of the cultural and legal change that the Act aims to introduce. 

One session used Construction Design Management (CDM) as a casebook. CDM, like the BSA, was intended to usher in a new culture around construction work and so the BSA duty holder roles are modelled on those of CDM. As a practice that delivers both CDM and BSA Principal Designer services (BSA PD) under, we see the clear overlaps and abilities to add value through a joined-up delivery approach. 

It is, however, crucial to understand the key differences when assessing competency. Our fully insured BSA PD service is backed up by established Building Control (BC) professionals with extensive competence in Building Regulations and specialist compliance systems. These colleagues can work collaboratively with our Design and Construction Management colleagues who undertake the CDM PD role and support a joined-up effort that prevents latter-stage design revisions. 

With the deadline to register all HRBs approaching on the last day of September, there was an obvious focus on the new Gateway Regime. HRBs are defined as any building at least 18 metres in height or with seven storeys and is either a residential building with at least two residential units, a hospital or a care home.     

The new Gateway Regime has specific requirements for constructing new HRBs or altering existing ones. Approval is required from the Building Safety Regulator and commencing work without Gateway 2 approval or occupying a building without Gateway 3 approval will become a criminal offence. With its stringent guidelines, it’s essential to negotiate this process correctly and avoid any legal complications. We urge building owners to seek competent expertise to negotiate this process and be prepared for the new building control regime starting on the 1st of October. 

However, as several speakers reiterated at the conference, the Building Safety Act (BSA) requirements don’t apply solely to HRBs. The fact is that all building work that falls under the building regulations will have to comply with the Building Regulations, etc. (Amendment) (England) Regulations 2023, as per the BSA. Requirements the BSA places upon all projects are especially pertinent for introducing the new duty holders responsible for ensuring compliance with the Building Regulations.