PD(BR) ADVISOR
NON-HRBs
NON-HRBs
The Building Safety Act
The Building Safety Act 2022 is a UK law aimed at improving building safety, particularly in high-rise and high-risk buildings, following the Grenfell Tower tragedy. The Act strengthens regulations for the design, construction, and management of buildings, introducing stricter accountability for developers, landlords, and building owners.
New key purpose of the Building Safety Act is to:
Ensure there are clearly identified people responsible for safety during the design, build and occupation of a high-risk residential building (18m/7 storeys and above) but also for any works involving building regulations regardless of scale.
Establish a Building Safety Regulator to hold to account those who break the rules and are not properly managing building safety risks, including taking enforcement action where needed.
Give residents of in-scope buildings more routes to raise concerns about safety, and mechanisms to ensure their concerns will be heard and taken seriously.
Extend the rights to compensation for substandard workmanship and unacceptable defects.
Drive the culture change needed across the industry to enable the design and construction of high-quality, safe homes in the years to come.
When does the Act Apply?
The act applies to any project that involves Building Regulations. This affects every client, designer and contractor on any architectural or engineering project. Even when building regulations do not apply, it is best practice to establish this an monitor any changes that may trigger the Building Safety Act.
There are additional duties for buildings at least 18m in height or have at least 7 storeys (and is of a description specified in regulations made by the Secretary of State) These are classed as "Higher-Risk Buildings".
Our services for advice and training are for Non High-Risk Buildings only therefore any project relating High Risk Buildings is outside our parameters of expertise.
This means that the Act applies to repair, maintenance, works of any size or nature that has a Building Regulation. This is laid out the
Part 3
Section 34 - Dutyholders and general duties
5B - Building regulations may, for the purpose of facilitating compliance with any requirement of building regulations in relation to any work to which building regulations are applicable...
This new Principal Designer (Building Regulation) role requires the following approach to any project that involves Building Regulations:
• Plan, manage and monitor the design work during the design phase and coordinate the design work so that all reasonable steps are taken to ensure that the project complies with the appropriate building regulations.
• Take all reasonable steps to ensure that designers and any other person involved in relation to design work cooperate with other duty holders and each other.
• Take all reasonable steps to ensure that designers and any other person involved in relation to design work comply with their duties under the legislation (for example, that the people being appointed are competent and possess the right skills, knowledge, experience, and behaviours for their roles).
• Take all reasonable steps to ensure that the design work of all designers is co-ordinated such that the design complies with the appropriate building regulations.
• Share any information relevant to the planning, management and monitoring of the building work and the co-ordination of the building work and design work with the principal contractor for the purpose of ensuring compliance with the appropriate building regulations.
The Building Safety Act 2022 and the Building Regulations (Amendment) (England) 2023 create a much more extensive “Principal Designer” role and, whilst the naming convention may lead to a little confusion, it is entirely different from the role under the CDM Regulations 2015.
Understanding the Building Safety Act and implementing procedures to ensure compliance is fundamental to carrying out the role of a Principal Designer (Building Regulations).
Proving that you are competent as part of the process and having a process or recoding information along the way is extremely important and applies to the Client, Designers and Contractors involved with the project.
We can provide assistance in understanding of this role and how to ensure compliance. Designers can prove their competency and understanding of the Building Safety Act by applying for one of the many registers set up by Institutes however this requires a strong foundation and a portfolio.
We provide training and advice to put Designers, Clients and Contractors in the strongest position ensure compliance with legal obligations.
About us
We are leading experts in ensuring compliance of Non-HRB projects as well as experts in compliance with the CDM Regulations. The advisors run projects on the ground as Principal Designers and on the Register as a Principal Designer for Non-HRB projects.