Part 4 of the Building Safety Act 2022: Your questions answered

In our recent webinar, Building Safety Act 2022: Insight from Building Safety Regulator, our panel of experts were joined by Andrew Saunders, the Operational Policy Advisor at the Building Safety Regulator (BSR). During the webinar, Andrew and our experts shared insights into your responsibilities under Part 4 of the Building Safety Act 2022 (BSA), lessons learnt from the first few months of Building Assessment Certificate (BAC) applications, and tips on building safety case reports. This discussion sparked a lot of insightful questions from our attendees, which we have compiled and answered below to help address queries emerging across the sector and resolve any misconceptions about Part 4. 

Q: Does Part 4 of the BSA apply to commercial office buildings?

A: If the building is just an office building, the BSA does not apply, regardless of height. Part 4 pertains exclusively to residential buildings, so if the building is mixed-use (for example, part office, part residential), it could be relevant. 

To discover more about the Building Safety Act 2022 and who it applies to, head over to our blog, ‘The Building Safety Act 2022: Everything you need to know in 5 minutes’.  

[Webinar time stamp: 39:49] 

Q: Is there an overlap with the BSA and other regulations?

A: Yes, other regulations, such as the Regulatory Reform (Fire Safety) Order 2005, still apply alongside the BSA. The BSR is aware of the overlap, particularly for responsibilities around the spread of fire, and is developing guidance to clearly delineate who is responsible for what. The general principle is that the most suitable dutyholder for a given issue should take charge, but the BSR aims to prevent duplicated responsibilities. 

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Q: Which areas should we focus on in the building safety case report?

A: Regulation 5 of The Higher-Risk Buildings (Management of Safety Risks Etc) (England) Regulations 2023 outlines the elements needed in the safety case report. It’s important to include information covering not just what the Principal Accountable Person (PAP) is doing but also what the Accountable Persons (APs) are doing.  

The key area that requires focus is demonstrating that you have taken all reasonable steps; beyond listing measures, you must show how they are being implemented. For example, if a survey has been conducted, you should specify actions that have already been taken or that are planned with timelines for outstanding items. This information must be included even if it might be implied, as the BSR can’t assume that you’ve taken these actions.  

To discover more on what to include in your building safety case report, head over to our dedicated blog, ‘Building Safety Case Report: What you should include’. 

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Q: What are the competence requirements for structural assessments? Should they be conducted by engineers or suitably qualified surveyors?

A: Competence requirements depend on the gaps in your building’s information. For example, if there is limited recent build information or little information about the building’s current condition, and your organisation lacks in-house competency, you may need to appoint an external structural engineering company. This is not the expectation for everyone; the key is ensuring that the individuals conducting the assessment are competent for the specific tasks required, and proportionality is vital.  

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Q: What impact might the recent Home Office announcement on residential PEEPs (Personal Emergency Evacuation Plans) have on organisations’ approaches to vulnerable residents and their safety case reports? 

A: With this being a recent announcement, the BSR has yet to figure this into what is expected from safety case reports. The BSR has plans to work jointly between the in-occupation and building control teams to look at the issues with evacuation and those who have additional needs. It’s important that this is done jointly to ensure the decisions are consistent and coherent, meaning the requirements will be the same throughout the construction and occupation phases. 

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Q: Have you got any indication of when feedback on the first round of Building Assessment Certificates (BAC) will be released? 

A: Some of the first BAC applications will be coming to their conclusion over the next couple of months, with decisions and feedback expected soon, possibly before Christmas. The BSR is currently finalising the feedback process, with some applications in the peer review and QA stages, but exact dates remain undetermined. 

[Webinar time stamp: 55:34] 

Q: Why must the resident engagement strategy be building-specific? 

A: It must be building-specific because resident’s needs and preferences can differ between buildings. For example, one building might house many residents who do not speak English as a first language or individuals with sensory impairments. Whilst many elements of the resident engagement strategy can be consistent across buildings and can be repeated across safety cases, the specifics must be tweaked for each individual building. 

[Webinar time stamp: 56:51] 

Q: Do we need to undertake a type 3 Fire Risk Assessment (FRA) under the BSA?

A: The type of FRA you undertake is based on proportionality and what is relevant to each building. A type 3 FRA looks at the common parts and a sample of individual flats, therefore providing a more comprehensive assessment than type 1, which only assesses common parts. The BSA does not mandate a particular type of FRA but requires an assessment of building safety risks. This differs from the Regulatory Reform (Fire Safety) Order, where an FRA is mandatory to ensure compliance. 

[Webinar time stamp: 58:42] 

To catch up on the full webinar and gain more expert insight from the Building Safety Regulator, head over to the on-demand webinar.