The Bill received royal assent on 28 April after months of debate and amendments, and has passed into law as the Building Safety Act 2022.
The 252 page Bill is intended to “create lasting generational change” to the way high-risk and residential buildings are constructed and maintained.
The Bill was introduced to parliament in July 2021, and despite reaching the end of its passage, the government has advised that many facets of the Act will take between a year and 18 months to introduce. This is due to the requirement of secondary legislation, and to prepare the industry for the new regime. The government has published a rough transition plan which can be found here.
The Building Safety Act 2022 sees the Building Safety Regulator enshrined in law, designed to provide oversight of the new system with powers of enforcement and sanctions.
The Act also introduces a host of new measures which will protect leaseholders from the costs of remediation for historic fire safety defects, known as the ‘waterfall system.’ Until recently, the lack of legislation here has seen leaseholders served astronomical bills, and prevented them from selling affected homes.
Leaseholders will also be able to undertake retrospective legal action, going as far back as 30 years, against developers or contractors that have built unsafe properties.
Additionally, this sees the oft-discussed ‘golden thread’ of information enshrined in law. The golden thread is to aid in the storage and dissemination of all safety related matters in the design and construction of high-risk residential buildings.
There are also new requirements in the Act on duty holders to have clear accountability and statutory responsibilities as buildings are designed, constructed, and refurbished.
However, in a controversial move, the legal requirement for building owners to appoint a Building Safety Manager was scrapped last month in the final hearings at the House of Lords.
Lord Stephen Greenhalgh, the minister for building safety, called the bill the “biggest changes in building safety legislation in our history.”
The passing of the Bill into law has garnered responses from across the built environment and fire safety sectors.
RICS commented, saying: “While the Act may not deliver what everyone had hoped for, it marks another positive step forward in resolving the building safety crisis.
“The industry will need a clear brief from government on the timeline moving forward, when the legislation will be ready, and any consultations that will be brought in to allow industry to support at pace. It is critical for RICS and other organisations representing the professions impacted by the Act, to have the opportunity to offer their continued support in finding and shaping the solutions alongside government.”
Eddie Tuttle, Director of Policy, External Affairs, and Research at CIOB added: “We are pleased the Building Safety Bill has received Royal Assent to ensure building safety is a priority and to provide much needed accountability in the system. This provides long overdue certainty for the industry, though the next twelve to eighteen months will be crucial in preparing built environment professionals for the new roles and competencies that will be required.
“However, concerns remain that some of the recent amendments, such as removing the duty to appoint a Building Safety Manager, will lead to a lack of clarity over the right competencies and training for those in the ‘accountable persons’ role and potential inconsistency in the implementation of Building Safety management regimes.”
Peter Baker, Chief Inspector of Buildings at the Health and Safety Executive, said: “The Building Safety Act introduces tough new measures for the safety and quality of buildings which will be enforced by the new independent regulator being established in the HSE.
“I call on everyone involved in the design, construction and management of buildings in England to now step up, get ready for the changes, and work together to drive the necessary culture change to protect people and deliver safe and good quality buildings.”