Legislation, Regulations & Guidance
Latest
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Housing secretary Michael Gove has announced a 30-month transition period before the new second staircase guidance must be followed in England.
Announcing the intended transitional arrangements for the policy in a statement on Tuesday 24th October 2023, Michael Gove said this period will begin from the date the government publishes and confirms the changes to Approved Document B – the government’s building guidance covering fire safety.Housebuilders will then have 30 months from this date, during which new building regulations applications can conform to the guidance “as it exists today, or to the updated guidance”.
In July, Mr Gove confirmed that the government will impose a requirement for second staircases on all new buildings in England that are 18 metres or taller, lowered from the 30 metres proposed when the initial consultation on the policy launched. He said this followed “confirmation from expert bodies that they support this threshold”.
After the two-and-half-year transition period, Mr Gove said “all applications will need to conform to the new guidance”.
Any approved applications that do not follow the new guidance will have 18 months for construction to “get underway in earnest”. If not, they will have to submit a new application following the new guidance.
“Sufficient progress, for this purpose, will match the definition set out in the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and will therefore be when the pouring of concrete for either the permanent placement of trench, pad or raft foundations, or for the permanent placement of piling has started,” Mr Gove said.
He added that the transitional arrangements will ensure that projects which already have planning permission with a single staircase, “the safety of which will have been considered as part of that application”, can continue without further delay if they choose.
Mr Gove said: “I want to be absolutely clear that existing and upcoming single-staircase buildings are not inherently unsafe. They will not later need to have a second staircase added, when built in accordance with relevant standards, well maintained and properly managed.
“I expect lenders, managing agents, insurers and others to behave accordingly, and not to impose onerous additional requirements, hurdles or criteria on single-staircase buildings in lending, pricing, management or any other respect. Those who live in new buildings over 18 metres can be reassured that those buildings are already subject to the additional scrutiny of the new, enhanced building safety regime.”
Mr Gove added that the Building Safety Regulator is working to agree the design details that will go into Approved Document B “rapidly” and said he will make a further announcement soon.
- Building Safety Act
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On Tuesday 17th October, the Government laid the Higher-Risk Buildings (Keeping and Provision of Information etc) (England) Regulations 2023 in Parliament.
The Regulations set out what information will constitute the golden thread to be kept for occupied buildings and who the information should be shared with.
A copy of the regulations can be found here.
The regulations set out the golden thread information that the people responsible for an occupied higher-risk building (the accountable persons) need to keep, and what information they need to provide to others (including residents) of the building. The regulations also set out the limited exemptions to sharing the information on the basis of security, commercial confidentiality and data protection sensitivities.
These Regulations also make small amendments to the Higher-Risk Buildings (Key Building Information etc.) Regulations 2023 and the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023. This is to clarify what part of the building an accountable person is responsible for when there are multiple accountable persons for the same higher-risk building, and to remove the exclusion of certain types of military premises.
The golden thread of information will contain the evidence and information needed to identify and manage building safety risks. The golden thread information will enable accountable persons to demonstrate they understand the building and the steps required to keep it safe. Without information about a building, including risk assessments and details of safety features and arrangements, accountable persons cannot be confident they are meeting their obligations under the Building Safety Act, or demonstrate this to others. This is the final set of regulations currently planned for the higher-risk building regime.
- Building Safety Regulator
- Golden Thread & Safety Management Systems
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All existing high-rise residential buildings in England should have officially been registered by 1 October 2023. You are still able to use the registration service to register new in-scope buildings in line with current guidance.
Principal Accountable Persons (PAP) were given six months from April to register all high-rise residential buildings in England, that are 18 metres or higher or seven storeys or more with at least two residential units with the BSR.
Those responsible for registering buildings who have missed the deadline could now face significant sanctions, including prosecution.
If you have yet to complete the registration process, register here.- Building Safety Regulator
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The Home Office has published some updated guidance to help dutyholders, issued by the Secretary of State under Article 50 of the FSO, to assist responsible persons in meeting their duties under the FSO.
Find out whether you are a Responsible Person or Duty Holder under the Fire Safety Order and Fire Safety (England) Regulations and what responsibilities you have for fire safety here.
- Building Safety Act
- Dutyholders
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Accountable persons and the principal accountable person manage the fire and structural safety risks of a high-rise residential building.
This updated guidance will help you understand these roles and their legal duties as set out in the Building Safety Act 2022.
The new guidance covers:
- Accountable person
- Principal accountable person
- Clarity about who is accountable
- Legal duties
- Additional duties for the principal accountable person
- Breach of duties
- Building Safety Act
- Dutyholders
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Guidance About The Criteria For Being a Higher-Risk Building
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TPI HSE webinar (24th January) ‘Building Safety Regulator TPI Member Q&A Session – Occupied Buildings'
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Welcome from the Chief Inspector of Buildings & Building Safety Health Check Panel Discussion - ARMA Conference 2023
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TPI Advice Note: Fire Safety Management in Flats
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Building Safety Act 2022