A new guide has been launched to encourage those who commission building work to speed up the adoption of building safety standards
As reported by the Building Engineering Services Association (BESA), The Client’s Guide to the Building Safety Act aims to address concerns from the construction industry that many clients continue to base their procurement decisions on cost and speed of delivery rather than considering their legislative responsibilities to improve safety and sustainability.
Research by BESA found that many clients – those who commission building work – were “either unaware or choosing to ignore their legal responsibilities” under the Building Safety Act 2022 (BSA). This has led to the creation of a guide for clients offering a clear, practical overview of their legal responsibilities under the BSA. This includes how a client is defined under the Act, their main duties across all buildings, what changes for higher-risk buildings (including Gateways), how to demonstrate competence and evidence decisions, the consequences of non-compliance, and what compliant clients do differently.
The guidance has been supported by a coalition of construction industry organisations and with backing from the Industry Competence Committee (ICC), which advises the Building Safety Regulator (BSR). Chair of the ICC, Jon Vanstone, explained that the BSA placed “clear legal duties on clients” and “set the tone for projects through their procurement decisions, appointments, and allocation of resources”.
"If those duties are taken seriously and supported by competent appointments and informed oversight, the quality and safety of outcomes will improve. If they are not, no amount of downstream control can fully compensate," he said.
He welcomed guidance that would help clients understand both their statutory responsibilities and the practical implications of those responsibilities, particularly as they relate to the regulator's Principles for Informed Clients, and in supporting “consistent cross-industry understanding”.
As such, the guidance reiterates the understanding that the new building safety regime applies to all buildings, not just higher-risk or high-rise residential developments. By understanding their duties, clients can ensure their project remains compliant at every stage.
BESA's director of specialist knowledge, Rachel Davidson, said: "This is a practical guide designed to help clients navigate the building safety process. It is intended to educate, not intimidate, by explaining what good looks like so clients can make better, safer procurement decisions that also make sense for their businesses".
"By following the information in the guide, they can reduce project risks and avoid costly mistakes which lead to expensive delays and re-designs."
Davidson added that the guide can also be used to help contractors and other supply chain members explain some of the key elements of the legislation to their clients and emphasise the importance of only appointing competent people and companies to work on their projects.
"It should also give contractors the confidence to challenge decisions and point out errors in procurement that can compromise safety and quality. Contractors are duty bound under the legislation to refuse to start work unless they are satisfied that the client is fully aware of their responsibilities," she said.
You can view the full guide from BESA here.