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In our latest webinar, ‘Building Safety Act 2022: Latest legislative updates’, which you can watch on-demand now, our experts provided in-depth answers to the questions asked by attendees. We’ve compiled these answers and attached useful links to ensure you have a comprehensive understanding of the latest building safety updates.
Q: Is the building safety case the same as the building safety case report?
A: The building safety case is your basket of evidence, which is all your documentation, including policies, procedures, fire risk assessment, and structural assessment. This should be demonstrated in a digital format, for example, using a filing structure on SharePoint to show where all the documents and data are held.
The building safety case report is a summary of all that information in a digestible, readable report. This allows someone unfamiliar with your building or organisation to understand how your building is managed and how your organisation operates. The aim of the report is to lay out your claim of safety and your argument by drawing upon the evidence within your safety case.
Q: Can a standard template be developed for a building safety case?
A: Yes, you can develop a template so long as each safety case is specific to each building. Developing a template that addresses all criteria is particularly advisable for organisations with multiple blocks to ensure consistency, both for your own benefit and to demonstrate consistency to the BSR.
To discover more about what to include in your safety case, watch our webinar, ‘Building Safety: Safety Cases and New Legislation’, which is available on-demand now.
Q: Does the building risk assessment have to be done externally?
A: No, it can be done internally within your teams; however, a robust approach is crucial. This can be done by following a recognised methodology, such as HAZID (Hazard Identification), to identify potential risks and mitigations. It can also be beneficial to have someone external facilitating the session as an extra pair of eyes who can challenge and ask questions you might not have considered.Our experts can provide a hazard risk assessment workshop to ask questions and uncover additional information to ensure your risk assessment is robust and comprehensive. Get in touch to arrange a workshop with our building safety experts.
Q: What should a resident engagement strategy entail for an individual building, and are there examples of best practices available?
A: There is no example of best practices because the Building Safety Regulator (BSR) hasn't yet given a building assessment certificate. At this stage, we would advise using the government guidance on resident engagement strategies as well as peer groups, like Tpas, for assistance. The guidance has a particular focus on consultation with tenants, an area that many organisations haven’t yet fully considered, so we know this must be included in your resident engagement strategy.To find out more about resident engagement strategies and mandatory occurrence reporting, our blog, ‘Building Safety: The full regime approach’, will highlight the key components you need to cover.
Q: Is there updated guidance for mandatory occurrence reporting for principal accountable persons of occupied buildings?
A: Yes, on 31st January 2024, the government published updated information on mandatory occurrence reporting and the process for notifying the BSR of any safety occurrences. Accountable persons' responsibilities are included, along with scenarios to help you identify safety occurrences. If you already have an incident report and framework within your organisation, you can use that as a starting point. Make sure you include the key definitions so all stakeholders are clear and can report safety occurrences to the BSR as needed.We can offer support with developing mandatory occurrence reporting procedures and process flow. Get in touch with one of our experts for assistance.
Q: Can you foresee a time when the requirements will be applied to all relevant buildings?
A: Yes, future steps are expected to extend requirements to other buildings with complexities, focusing on tenant safety, including Extra Care Facilities and buildings with vulnerable tenants. The requirements are likely to extend to 11 metres or higher buildings and low-rise blocks, which have more instances of issues than high-rise buildings.Q: Which part of the regulations apply to properties in Wales?
A: All regulations apply to properties in Wales.Q: I am involved in developing single-household dwellings, houses, and bungalows. Does the Building Safety Act apply to me?
A: No, the Act only applies when you meet the criteria of a building that contains two or more dwellings that share a common escape route. When your building meets this criterion, fire safety legislation will apply.Q: How does this relate to hostel buildings supporting vulnerable people, i.e. homeless hostels?
A: The same regulations apply to hostel buildings. If a building has domestic dwellings, even if temporary, and they are 18 metres or more or 11 storeys or higher, they will fall under the Building Safety Act. The only exceptions are buildings like the House of Commons and military buildings.Q: Should consideration be given to the possibility of a hostile attack on buildings, such as a vehicle-borne attack through the entrance, in the risk assessment?
A: Whilst it doesn't have to be as specific as that, all types of vehicle strikes should be considered, which will cover someone trying to drive through the entrance. It's an important consideration because it demonstrates an understanding of the local environment and adjacent buildings, allowing for a comprehensive risk assessment and potential mitigation steps.Q: Should the possibility of a plane strike be considered for buildings near airports?
A: Whilst proximity to an airport is a consideration, mitigating against an airstrike is unlikely due to factors out of your control. However, other safety measures related to airport proximity could be explored.Q: Have any guidelines been published covering how managing agents charge their time in terms of compiling data? We’ve appointed third parties to package it, but it’s still unclear who bears the charge for this.
A: This remains a grey area, with considerations regarding leaseholder protection and what constitutes service chargeable activities. Therefore, the prescribed guidance isn’t yet clear on what you can and can’t charge.
Q: Regarding the interpretation of the level of duties, at what point do you discharge duties?
A: This will be individual to each organisation, depending on contract and lease agreements. Ultimately, the principal accountable person has overall responsibility. Even if a principal accountable person is in another country, there must be some element of liaison with them, which must be demonstrated to the BSR. The BSR will then make the final decision whether they believe duties have been discharged reasonably or not. At present, the specifics of what they will accept are uncertain.
Q: From where do you measure the building height for a building just over 11 metres with an underground car park?
A: If it's an underground car park where the ramp comes upwards, the measurement should be from ground level of the ground floor, excluding the car park. Our advice would be to get a measured survey by a professional in alignment with guidance to gain the assurance that the measurement is accurate.
If you need a measured survey or assistance with any other aspect of building safety, our experts are here to help you navigate the legislation and keep your buildings compliant.
