The Building Safety Act (BSA) introduces significant changes to the construction industry, particularly for higher-risk buildings (HRB), which must now seek approval from the Building Safety Regulator (BSR).
This legislation will deliver positives in the long term with its important focus on safety. However, even experienced developers face challenges navigating the new regulation and responsibilities of duty holders. Across the industry, we’re hearing reports of significant planning delays and stalled projects, a costly setback which is also tying up capital and potentially delaying investment in new opportunities.
In this article, we explore the new requirements of the BSA and how they impact developers. We will discuss why understanding these new obligations and preparing comprehensive plans early in the project lifecycle are crucial for developers to avoid costly delays and legal liabilities.
What do the new BSA requirements mean for your project?
Since the BSA’s introduction in 2022, the construction landscape has shifted with radical changes to planning requirements and stricter sanctions for non-compliance. The Act introduces new duty-holder roles and competencies with clear accountability, statutory responsibilities, and timelines that are important to understand. These changes, including the updated role of building control inspectors, will impact all building work to which Building Regulations 2010 apply.
The Act has also introduced a new building control authority for HRBs, the BSR, which presents significant new hurdles in the design and construction process. HRBs are defined as being over 18m or seven storeys, containing two or more residential units or a care home/hospital.
The BSR process introduces stringent requirements to demonstrate building safety through a new system of gateway points during design and construction. Developers must seek the BSR’s approval before construction begins and after construction finishes, ahead of a property being sold or let, as well as if significant changes are made during construction. The newly introduced Gateways 1-3 are now stop/go points which must be passed before a development can proceed to the next stage.
How are Gateways 2 and 3 impacting developers?
Major projects, which are more likely to include HRBs are being particularly impacted by the new requirements. Reports, including RIBA’s Future Trends Survey 2024, highlight that planning delays are a significant challenge, resulting in stalled projects and tying up developer capital in what is otherwise a positive outlook.
With a 12-week determination period for Gateway 2 and 8 weeks for Gateway 3, this is a significant addition to current project timelines. And that is if projects successfully navigate the process the first time, which in some cases projects are not. This is a costly setback and one all developers are looking to avoid.
The increased focus on compliance and competence means developers and owners, as well as designers and contractors, must understand their BSA roles and obligations to avoid legal liabilities and project risks.
At Gateway 2, the accountable person (AP) and principal accountable person (PAP) must submit the required application and supporting information to the BSR, demonstrating that building safety risks have been assessed and that reasonable steps have been taken to mitigate them.
On completion of construction, Gateway 3 requires the submission of as-built drawings of the building, with justification for any changes and evidence from all duty holders that the building meets all the relevant safety standards. There is also an ongoing requirement for a ‘golden thread’ of building information to be digitally created, stored, and updated throughout the building’s lifecycle.
Rather than ongoing planning and design work throughout a project, successfully securing approval from BSR will require more complete plans at an earlier stage. This is a new way of working for major projects which are often phased over many years and have previously often navigated planning for different stages individually. With a focus on competence and comprehensive documentation, engaging expert technical support will be vital to meeting all the requirements at Gateways 2 and 3.
Why collaboration is vital
While these regulations promise long-term benefits, such as improving safety, fewer defects, and better communication, developers face challenges navigating the new duty holder responsibilities, BSR Gateways and ensuring compliance with the BSA.
At every stage, the BSR emphasises collaboration and communication, from the focus on competence and duty holder responsibilities to its announcement that a multi-disciplinary team will review applications and the requirement of a “golden thread” of information across the building’s life span. In response, developers will benefit from making collaboration the centre of their approach.
Engaging multi-disciplinary technical support and proactive collaboration with experts is essential in managing the complexities of these new regulations. By seeking reputable advice and integrating comprehensive planning early in the project lifecycle, developers can avoid costly delays and legal liabilities and continue to deliver projects that shape our communities and skylines.
In this first article, we have outlined the BSA’s impact on projects, emphasising the importance of understanding and adhering to new requirements and the value the BSR places on multi-disciplinary competency and communication.
Next, we will discuss how engaging expert technical support early will help developers navigate these challenges effectively and the role of insurance in this new regulatory environment. Find out more: Navigating the new BSR Gateways 2 & 3 – Engaging multi-disciplinary support
If you’d like to discuss your specific project needs, you can connect with James either on LinkedIn or through our Contact page.
