As we mark one year since the new regime of the Building Safety Act (BSA) came into force, it is important to assess whether the industry has fully embraced the new regulatory framework. Furthermore, do stakeholders involved in building procurement truly comprehend the implications for their projects?

The introduction of The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 required teams engaged in the design and construction of high-risk buildings to familiarise themselves with the BSA and its associated secondary legislation. However, the scenario is markedly different for non-HRBs. Our discussions with clients and contractors reveal significant variability in awareness of the new legislation and its impact on projects. Alarmingly, many individuals demonstrate minimal or no understanding of the changes that affect their daily operations. Common responses, such as, “It’s alright; we don’t work on high-rise buildings,” or “Principal Designer, Principal Contractor... that’s part of CDM, isn’t it?” reflect a concerning lack of awareness that requirements have changed for all buildings that require building regulations approval, not just HRB’s and not just residential buildings.

We are increasingly concerned that many clients and others working in construction may only recognise these changes at the conclusion of a project when the Registered Building Control Approver requests signed declarations from new duty holders. Individuals may hesitate to provide these declarations if they feel proper appointments have not been made or if they are uncertain about their ability to fulfil their legal responsibilities. Notably, the issuance of Final Certificates is no longer solely at the discretion of Building Control Officers; without signed declarations from the Client, Principal Designer, and Principal Contractor, a Final Certificate cannot be issued.

The BSA has introduced significant new enforcement powers to the BSR and Local Authority Building Control with the Building Safety Regulator having the authority to prosecute individuals of corporate bodies in circumstances of non-compliance. Given the toughening of existing enforcement powers professionals are likely to exercise heightened caution in signing these declarations unless they are entirely confident that all requirements have been met.

In a recent presentation by the head of a prominent local authority building control department, it was acknowledged that Building Control Officers (BCOs) may have previously overstepped their remit by offering advice aimed at assisting projects. While this approach was well-intentioned, it has historically blurred the line between the responsibilities of BCOs and those executing the work, which remains the responsibility of the project team to ensure full compliance with Building Regulations. The role of the BCO has primarily been to audit the compliance process.

Modifying details on-site with the assumption that BCO sign-off guarantees compliance raises significant concerns under the new legislation. Firstly, it creates an incomplete audit trail, as drawings, reports, and schedules may not reflect changes made during construction, leaving clients with inadequate or inaccurate information for managing building safety post-completion. Secondly, assessing modifications in isolation, without consideration of the broader context, risks inadvertently introducing compliance issues. The intricate interrelationships among materials and systems in modern construction methods complicates the assessment of compliance on-site.

The message from the local authority representative was unequivocal: moving forward, inspectors will not provide the same level of advisory support as in the past. Instead, they will direct contractors to consult with their design teams and the Principal Designer to address design issues and ensure compliance with Building Regulations. Moreover, any changes made during construction must be reflected in the documentation submitted during the plan-check stage.

As a newly regulated profession, Registered Building Control Approvers and Inspectors are now required to adhere to operational standards and professional conduct rules overseen by the Building Safety Regulator. Consequently, project teams can expect a notable shift in their interactions with Building Inspectors.

At its core, the amended regulations aim to enhance communication and accountability, moving away from a culture that often shifts blame around the team when issues arise. The imperative for project teams is clear: collaboration is essential. It is in everyone’s interest that the assembled team is competent, that processes are executed correctly, that shortcuts are avoided, and that honesty and transparency prevail throughout the project lifecycle. While this may seem self-evident, it has not always been the prevailing attitude in an environment increasingly driven by cost-cutting measures.