Fifteen months after the Building Safety Act came into effect, we reflect on its implementation and discuss its implications for ongoing and future projects. Our round table discussion highlighted several key takeaways and areas of concern that need addressing to ensure compliance and project success.
Key Takeaways:
RIBA's Compliance Tools: The Royal Institute of British Architects (RIBA) has developed a suite of tools designed to aid compliance with the Building Safety Act. These tools can be integrated into project workflows to streamline processes and ensure adherence to regulations. Workflows need to be programmed from the outset in accordance with a project execution plan made bespoke for each project.
Confusion Over HRB Requirements: There remains significant confusion and inconsistency regarding the requirements for Higher-Risk Buildings (HRBs) versus non-HRBs, particularly for connected buildings and roof gardens. This ambiguity is causing challenges in project planning and execution.
BSR Application Rejections: The Building Safety Regulator (BSR) is currently rejecting 85% of applications, primarily due to incomplete or inadequate documentation. This high rejection rate is leading to substantial delays and budget overruns. It is critical to ensure Gateway two submissions are robust.
Need for Fire Engineering Expertise: The new requirements necessitate greater fire engineering expertise early in the project lifecycle. This is crucial to meet the stringent safety standards set by the Act.
Detailed Discussion:
Building Safety Act Implementation: RIBA has introduced various tools and templates that can be incorporated into project workflows. While the compliance tracker is comprehensive, it may be overly detailed for smaller non-HRB projects. Additionally, on some projects, there is ongoing confusion in relation to the necessary end-of-project certificates and statements. Smaller contractors, in particular, need to take the new requirements more seriously to avoid compliance issues, notably in the D&B procurement where they need to demonstrate the necessary competence to carry out their post-tender role as both PDBR and Principal Contractor.
Higher-Risk Building (HRB) Definitions: There is ongoing confusion about what qualifies as an HRB, especially for connected buildings. For instance, certain projects with separate entrances might be treated as non-HRBs for construction purposes, even if they are connected to an HRB. The status of roof gardens in determining HRB classification remains unclear due to misalignment between the Building Safety Regulator and recent legal determinations. Connected buildings, such as those on university and hospital campuses, present complex scenarios for HRB determination.
Fire Engineering Requirements: Building control authorities are increasingly scrutinising fire-related details, even for non-HRBs. This includes requests for a much higher level of detail for fire safety elements such as service penetrations, partition heads, fire dampers, and more. For some HRB projects, it has become necessary to employ multiple fire engineers with roles on fire strategy, non-standard fire details and checking. Additionally, M&E engineers' reluctance to go beyond Stage 4A is creating challenges for HRB submissions.
BSR Application Process: The BSR's high rejection rate is primarily due to missing comprehensive trackers. This is causing significant delays and budget impacts for projects. Budgeting for multiple submission attempts is proving difficult, and there is a growing trend towards seeking third-party reviews before submitting applications to the BSR.
Project Management Implications: To meet the new requirements, contractors and subcontractors with design responsibility should be involved much earlier in the project lifecycle, especially for HRBs. Some smaller M&E subcontractors may lack the design expertise needed for a detailed Gateway Two submission. For complex refurbishments, it's necessary to carry out extensive surveys of existing fabric and services to ensure the safe coordination of any new interventions.
Armed with awareness of this emerging picture, industry professionals can better navigate the pitfalls and complexities of the Building Safety Act and inform their planning for more successful project outcomes.
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