Guide on navigating responsibilities and ensuring tenant well-being considering the Building Safety Act 2022
As we delve into the topic of what board members should know and do to ensure compliance and safeguard the well-being of tenants, it is important to acknowledge that the introduction of the Building Safety Act 2022 has added a new dimension to the responsibilities of board members. The Act was enacted in response to the tragic Grenfell Tower fire and serves as a crucial piece of legislation aimed at enhancing fire and building safety in high-rise residential buildings. As board members responsible for overseeing housing associations, you must understand the regulations associated with the Building Safety Act, the historical contexts of fire and building safety, as well as the responsibilities of social housing landlords.
A historic overview of fire and building safety in UK
Tragic incidents such as the one at Rose and Crown Hotel in Saffron Walden in 1969, which resulted in 11 casualties and 17 rescues, led to the Fire Precautions Act of 1971. This act was amended several times throughout the 1970s and 80s, including after the Kings Cross incident in 1987, which led to the Fire Precautions Act of 1989. By the early 2000s, there were a total of 80 acts related to Fire Precautions.
In February 2017, Professor John Cole CBE, released a report on the defects that led to the closure of 17 schools in Edinburgh. A few months later, in June 2017, the tragic fire at Grenfell Tower in London claimed over 70 lives. These incidents triggered official inquiries, which highlighted uncomfortable truths for the industry. They put the construction industry under scrutiny, emphasising the urgent need for a thorough review of how quality and safety are managed.
Understanding the building safety act and its requirements
The Building Safety Act of 2022 was introduced in July 2020 through the Draft Building Safety Bill. It aims to fundamentally reform the building safety system and address the concerns outlined by Dame Judith Hackitt MBE in her independent review, “Building a Safer Future.”
The Act covers a comprehensive set of requirements related to building safety, with a primary focus on six essential elements:
- Fire Safety,
- Asbestos Management,
- Electrical Systems,
- Gas and Other Fossil Fuels,
- Legionella and Water Hygiene,
- Lifts and Lifting Equipment.
This act gives tenants increased rights, powers, and protections to improve the safety of dwellings. Its scope covers the safety and standards of all buildings, with specific attention given to higher-risk buildings during construction and occupation phases. Moreover, the Act aims to elevate the competence of individuals overseeing, managing, and delivering work on higher-risk buildings, while establishing clearer standards and guidance. The central to its principle is placing tenants at the forefront of building safety.
The Building Safety Act 2022 extends its reach to Landlords, managers, and stakeholders within the social housing sector, including those commissioning building work and actively participating in the design and construction process, such as clients, designers, and contractors. The Act serves as a comprehensive framework, addressing a range of crucial elements to foster a safer and more accountable approach to building safety for the well-being of residents nationwide.The Act serves as a comprehensive framework, addressing crucial elements to foster a safer and more accountable approach to building safety for the well-being of residents nationwide.
In addition to these provisions, the Act introduces two pivotal roles in the sector:
- Building Safety Regulator (BSR): Tasked with overseeing the safety and performance systems of all buildings, the BSR is empowered to enforce rules and act against non complaince. For high-risk properties, the BSR can implement more stringent rules governing design, construction, and occupation.
- Accountable Person: This includes building owners, freeholders, or management companies, who bear an ongoing duty to assess building safety risks. They must provide a ‘Safety Case Report’ highlighting how risks are identified, mitigated, and managed. In complex ownership structures, there might be multiple Accountable Persons, with a Principal Accountable Person identified.
What Board Members should seek from executive teams
As board members, it is your responsibility to ensure that your Executive Teams are properly implementing the requirements of the Building Safety Act. Our upcoming training on the Building Safety Act 2022 aims to help you understand the new legislation and provide you with a framework of reporting to give you the right level of assurance. During the training, we will address the following questions:
- Does your property compliance/building safety function have the necessary awareness and understanding of the new regime?
- Do you know which of your assets would be classified as higher-risk buildings under the Building Safety Act 2022? Have you registered them correctly?
- Do you have a clear and structured strategy in place for managing property compliance?
- Are you confident that you fully comply with the new building safety legislation when improvement works are being undertaken?
- Do you have governance arrangements in place that support a positive assurance-based safety culture?
- Are there appropriate external oversight measures in place to validate your building safety strategy?