In the second part of his summary of the effects of the Building Safety Act (BSA), Lees Associates partner, Andrew Paulson looks at the new statutory requirements for owners and developers of Higher-Risk Buildings (HRBs), providing a comprehensive overview for clients and contractors within the prime property sector.
Lees Associates Partner Andrew Paulson at One Hyde Park.
Part 1 of these BSA pieces provided a summary of the new statutory dutyholder roles and their responsibilities; in this part we are again focusing on changes that affect the Building Regulations and their approval process, but now specifically for “Higher-Risk Buildings”.
What is a Higher-Risk Building?
An HRB is a building with at least two residential units and which is at least 18 metres or seven storeys high. Most prime apartment buildings in central London fall into this category.
What are the key changes?
Any building work to an HRB now has to be submitted to the Building Safety Regulator (BSR) for Building Regulations approval. Local Authority BC departments and Approved Building Inspectors are no longer able to handle these applications. The BSR has 12 weeks to assess an application for a new HRB and 8 weeks for existing HRBs, which needs to be factored into project programmes.
The BSR’s approval is needed before any of the proposed works can commence. Once approved, all works must be carried out strictly in accordance with the approval and, at completion, a Completion Certificate must be applied for that demonstrates this.
A Building Regulations application for an HRB must set out the approach that has been taken in designing the HRB or the work to be carried out on an HRB, and in particular the building standards to be applied.
The application must detail the approach taken in relation to each element of the HRB to ensure compliance with all applicable requirements of the Building Regulations and why it is appropriate, and the reasons for adopting the approach to compliance, why it is appropriate for the HRB, and how it ensures compliance with all applicable requirements of the Building Regulations.
Lees Associates architects on site.
Planning
The BSA’s scope extends beyond Building Regulations alone; it has also had an impact on the planning process. Planning applications relating to HRBs must now include a Fire Statement and the BSR is now a statutory consultee for such applications. They will even provide pre-application advice ahead of full planning submissions.
By way of example, Lees Associates is currently applying for planning permission to put an AC condenser on the roof of a Marylebone apartment. In the past, this would have been a formality as it’s a big flat roof hidden behind a mansard and the unit would be one of many already installed there. However, as the apartment is in an HRB,we now have to additionally submit a Fire Statement.
Golden Thread
All information submitted in support of a Building Regulations application will be stored in what is being termed the “Golden Thread”, which was one of the key recommendations of the Grenfell Enquiry. The Golden Thread is simply the information that allows anyone to understand a building itself and the steps needed to keep both the building and its occupants safe, now and in the future.
The Client has a high-level overall responsibility for ensuring the arrangements are in place to create and manage the golden thread through design and construction, but it is the Principal Designer who will manage the golden thread on a day-to-day basis through the design phase of the project.
The Golden Thread information must be:
kept digitally
kept securely
a building's “single source of truth”
available to people who need the information to do any job
available when any such person needs the information
presented in a way that a person can use.
The golden thread information is ultimately what the BSR will refer to when determining that a Completion Certificate application is valid.
Process
The BSR carries out its function as the Building Control Authority through a team that includes a Registered Building Inspector and any other specialists required to assess a submission. The registration of Building Inspectors is another notable change: the title will now be protected by law for the first time. Individuals working for both Local Authorities and Approved Inspectors must register, which will become a requirement from April 2024. All Approved Inspector companies also need to become Registered Building Control Approvers (RBCAs). The registration process for both Inspectors and Approvers is currently in full swing!
These partnerships will be called Multi-disciplinary Teams (MDTs), recognising the complex nature of HRB developments and the range of disciplines often required. A separate MDT will be brought together for each HRB Building Control application. The MDT is involved throughout the construction process through on-site inspections, interventions, and assessments of further information, and through the change control process. The MDT sets an inspection schedule and will provide a lead contact for applicants throughout the process. While this isn’t new in terms of assessment of plans and site inspections, it is a new method of delivery.
Key Documents
A number of documents need to be prepared as part of the application process for HRBs. These include:
1. Fire and Emergency File (FEF)
The purpose of this is to ensure that the strategies for managing building safety risks, once the building is completed, have been considered from the early design stages. It needs to be in an understandable format, with clear information relating to the measures, strategies and policies the owner of the completed HRB should adopt in order to manage and maintain the completed HRB to ensure anyone in it can be safely evacuated in an emergency. The FEF must be kept up to date throughout construction. An updated and accurate FEF will be required by the BSR as part of the completion certificate application. As with all accompanying documents, the updated FEF will form part of the information in the Golden Thread.
2. Construction Control Plan (CCP)
This describes the strategies for how construction work will be managed to maintain building regulations compliance. Before work starts on site, there must be clear strategies in place to ensure compliance with all applicable Building Regulations and how this will be maintained during construction. The strategies within the CCP should focus on cooperation, coordination, communication and competence.
3. Change Control Plan
Change Control is something that, as Lead Designers on our projects, Lees Associates already oversees, but it is now a statutory requirement for Building Regulations applications for work to HRBs too. The Change Control Plan needs to show:
a clear change control process during construction (i.e. post-Building Control approval) to ensure there is an accurate record of changes;
that the impact of any changes is carefully considered and discussed with other parties as required; and
that the Regulator has oversight if and when necessary.
4. Controlled Change Log
Dutyholders must consider the implications of changes from an original building control approval before they are made, and all controlled changes must be recorded to ensure that plans and accompanying documents are updated to reflect the building work ‘as built’ rather than ‘as designed’.
All changes must be recorded in a Controlled Change Log, which should be managed by the Principal Designer. Changes are categorised as either “major” or “notifiable”. A major change is one that would undermine the basis by which building control approval was granted. In this case, the client must make a change control application to the BSR and the change must not be commenced until the change control application is granted. A notifiable change is one that potentially has an impact on compliance. The client must still notify the regulator, but a notifiable change can be started as soon as the BSR has been notified. It is the responsibility of the client, guided by the Principal Designer and Principal Contractor, to decide if a controlled change is major, notifiable, or just requires recording.
Apartments at One Hyde Park, which now falls under the ‘Higher-Risk Building’ category.
5. Building Regulations Compliance Statement
The purpose of this is to provide a pathway to demonstrate how the planned building work will comply with the relevant Building Regulations requirements. Compliance must be achieved for each applicable building regulation requirement, and this must be carefully considered before construction starts.
Other documents that might be needed for HRBs include a Mandatory Occurrence Report and a Partial Completion Strategy.
For HRBs, the BSR needs to see evidence that the client has adequately checked competence, which Lees Associates’ questionnaire does.
How will these changes affect the prime property industry?
As the industry adjusts to longer lead times and greater scrutiny, our priority at Lees Associates is to keep both professional and domestic clients updated and informed about any potential impact on their role within the project, or on the project’s overall timeline or budget.
Our robust and highly detailed system of record-keeping and process control means that we’re well-placed to adapt to the new regulations.
If you have any questions about the Building Safety Act and its implications, please do not hesitate to contact us.