The Building Safety Bill brings in new regulations in the wake of the 2017 Grenfell Tower fire and subsequent report into systemic failings by Dame Judith Hackitt.
If and when the bill is enacted,聽people living in high rise buildings聽will be聽empowered to challenge inaction聽from their building owner and聽have better access to safety information about their building. They will also have access to a聽complaints process.
The聽draft聽bill聽will also聽give the government new powers to regulate construction聽materials and products.
High-rise remains defined as at least 18 metres or six storeys, but 鈥� as with any aspect of the bill 鈥� this is open to debate and amendment during the passage of the legislation through parliament.
The Building Safety Regulator,聽already聽being set up within the Health & Safety Executive聽(HSE),聽will be able hold building owners to account. The regulator will have three聽main聽functions: to oversee the safety and standard of all buildings;聽directly聽assure the safety of higher-risk buildings;聽and聽improve the competence of people聽responsible for managing and聽overseeing building work.聽The government is providing an extra 拢16.4m for the HSE this year to recruit staff and set up the regulator.
The聽new rules, as set out in the bill,聽will apply when聽buildings are designed, constructed and then later occupied. At each of these three stages, it will be clear who is responsible for managing the potential risks聽and what is required to move to the next stage 鈥� creating what has become known as the 鈥榞olden thread鈥� of information about the building聽to be gathered over its lifetime.
When聽residents聽move into a聽building that falls聽under the new set of rules,聽it聽will need to be registered with the聽Building Safety Regulator聽and apply for a Building Assurance Certificate.聽The accountable person will聽then聽need聽to聽conduct and maintain a safety case risk assessment for the building and appoint a building safety manager to聽oversee it day to day.聽
Building inspectors,聽who are responsible for signing buildings off as fit for inhabitation,聽will also have to聽follow聽the聽new rules聽and must register with聽the regulator.
The聽government views the legislation as a framework that can and will further evolve as more is learned about building safety. Further restrictions on certain building products and materials will not need further legislation; the necessary powers will already be there.
The Home Office is also publishing a consultation聽paper that sets out聽proposals聽to implement the recommendations from phase one of the Grenfell Tower Inquiry that require a change in law. The consultation will also look at strengthening fire safety聽in all regulated buildings in England.
In addition to the consultation, the Fire Safety Bill聽is also currently making its way through parliament to empower fire and rescue services to take enforcement action and hold聽building owners to account if they are not compliant with the law.
Housing secretary Robert聽Jenrick聽said: 鈥淚 remain committed to making sure we get this right, which is why I聽will be聽publishing the draft聽bill for scrutiny and improvement before聽it聽is introduced聽in聽parliament. I am聽also聽calling on the industry to actively prepare for these changes now. It is聽vital聽that the sector聽moves in step聽with us, to provide confidence聽and聽reassurance to residents聽that their聽safety聽is聽firmly聽at the heart of聽everything聽we do.鈥�
Dame Judith Hackitt, who wrote the Independent Review of Building Regulations and Fire Safety that informed the legislation, gave the bill her seal of approval. 鈥淚 welcome this聽draft bill as an important milestone in delivering the fundamental reform this industry needs to make residents and buildings safer. It meets the ambitions and recommendations set out in my review,鈥� she said. 鈥淎nd industry must be in no doubt that it is not enough to wait for the Bill to become law before they implement changes;聽we expect them to start taking action now.鈥�
Peter Baker, director of the building safety and construction division of the HSE, said: 鈥淭he BSR [building safety regulator] will create a new era for building safety, working with wider government, local regulators, industry and residents we want to ensure that a tragedy like Grenfell Tower never happens again. Through appropriate use of its enforcement powers under the new regulatory framework, the BSR will ensure that building safety risks are being properly managed and controlled throughout the lifecycle of a building. It will also hold those with legal duties to account for significant failures.鈥�
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