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Our industry-leading webinar tackling common misconceptions surrounding the Building Safety Act (BSA) was delivered by Peter Moore, Head of Curriculum here at 3B Training. The session was designed to provide clear, accessible guidance to a mixed audience— from industry veterans to those newly navigating this complex legislation—and it was a hit! In case you missed out, we’re putting the complete rundown here.
The Building Safety Act 2022 was introduced in response to the tragic failures at Grenfell Tower in order to restore public confidence and strengthen regulatory oversight in UK construction industry. Dame Judith Hackitt’s report, Building a Safer Future, was very critical of the industry as a whole, and emphasised that the industry can’t continue to work as it has been. A new approach is necessary to put compliance in design, and compliance in the build, at the forefront of construction.
The act affects everyone involved in the lifecycle of buildings — from clients and designers to contractors and building managers — and while the law is particularly focused on higher-risk residential buildings (defined as buildings over 18m or seven storeys with two or more residential units, including care homes and hospitals), it applies to all buildings.
Throughout the webinar, Pete addressed some of the most common misunderstandings about the BSA:
1. “It doesn’t apply to me.”
All buildings are impacted by the Building Safety Act, with an additional focus on high-rise and high-risk buildings, HRB’s. New build, renovation and maintenance projects are covered by the act. Everyone involved in design, construction, maintenance and refurbishment are covered by the BSA. From building owners, designers, project managers and site managers through to operatives on site, everyone has responsibility under the BSA.
2. “It’s the same as CDM.”
While the dutyholder titles mirror those in the CDM 2015 Regulations, they are part of an entirely separate regulatory system with distinctly different responsibilities under the BSA. Under CDM, the Principal Designer’s role revolves around health and safety in the pre-construction phase, however, under the Building Safety Act, the Principal Designer’s role is all about ensuring compliance with building regs and approved documents in the design work stage. Proving SKEB – Skills, Knowledge, Experience and Behaviours—is also essential across the board.
3. “I don’t need to demonstrate competence – my experience is enough.”
Everyone needs to demonstrate competence, no matter how experienced, to prove the suitability of the entire construction site. You need to prove you aren’t working outside of your experience and capability—as many of the key players involved in the refurbishment of Grenfell were working beyond their organisational capabilities and individual competencies. Not following these processes will lead to prosecutions in the near future. Quality, compliance and capability/competency in the design and build are king – everybody has a part to play in upholding the standards of the BSA.
How does the Building Safety Act (BSA) affect non-HRB (high-risk building) projects?
Even for non-HRBs, the BSA focuses on quality and competence – ensuring proper installation of fire-critical systems, following manufacturer guidelines, and demonstrating compliance.
If a company only does bathroom adaptations, not new builds, how can they comply with the BSA?
The key is understanding what requires building control approval, even for minor changes – making superficial changes to a bathroom wouldn’t require this, but changes to things like the pipework or electrics, or converting a new room to a bathroom, would need building regulations.
Does the BSA legislation apply to the perimeter of a building, like fencing or gates?
While the BSA focuses on the building itself and anything connected to the building, it may still impact the perimeter for things like access for emergency vehicles as part of the fire safety case.
Do you think the gateway approval process will be expanded to non-HRBs in the future?
Gateway approval is proving to problematic currently. Resource is a possible issue right now for the regulator as well as the quality of the submissions. There is no evidence available from the regulator that the gateway process will be extended to non HRB’s.
What guidance documents are available to help demonstrate competency?
The PAS 8670, 8671, and 8672 documents provide frameworks for individuals and organisations to establish their competency.
If a building has no records or manuals beyond initial planning drawings, would that be a breach of the BSA?
For older buildings, retrospective enforcement may be difficult, but going forward, the “golden thread” of information will be crucial.
Does the gateway process only apply to buildings in construction? Or does it apply to existing HRB’s that are having significant remediation work undertaken?
Remediation work still needs to demonstrate the work you are doing doesn’t have a negative impact on the building safety case.
Where is the line draw for a minor change to a notifiable change?
Major changes are typically to height, width, compartmentation, and materials. Notifiable changes are often more process driven. There is a full list on the Building Safety Regulator’s website.
Under BSA even if you were to replace fire doors in none HRB’s to current standards such as a BM Trada certified door set, would you still need to obtain building control sign off?
You should still seek approval as a change like this isn’t just about the doors, but whether the opening the door is being fitted into is also up to standard, to make the door effective.
3B is proud to support the industry in adapting to these changes. We were the first training provider to join Build UK, and we’ve worked with CITB to ensure our Understanding the Building Safety Act course meets the recognised standard and is eligible for grant funding.
In addition to public course dates, wea also offer in-house training for teams and interactive eLearning courses, including:
These eLearning options, while not directly grant-funded, may be supported through Skills & Training Fund or Employer Networks for CITB-registered businesses.
If you’re unsure about your responsibilities under the Building Safety Act, or want help understanding your training or funding options, get in touch with the 3B team — we’re here to help you stay compliant and confident.
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