Transforming building and fire safety for higher-risk buildings: how BSR is raising the bar

The construction and management of higher-risk buildings has entered a new era of stringent safety regulations with the introduction of the Building Safety Regulator (BSR) in England.

Photograph: iStock/BirdImages

From October 2023, BSR assumed the role of the building control authority for higher-risk buildings (HRBs), marking a significant shift in how they are regulated and maintained. This means that developers will no longer be able to choose the building control body they use for building work on residential buildings that are higher than 18 metres or seven storeys with at least two residential units, and hospitals and care homes that meet the same height threshold. 

This transformation, underpinned by the Building Safety Act 2022 (BSA22), is reshaping the responsibilities and practices of developers, owners and managers of high-rise buildings, ensuring buildings are designed and constructed safely and to high standards.

In addition to the BSA22, the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023¹ came into force on 1 October 2023. They set out the building control processes that apply to all HRB projects.

The new regulations deliver the recommendations made by Dame Judith Hackitt in her report Building A Safer Future.² They cover the technical detail that underpins the more stringent regime for the design and construction of new HRBs as well as for any building work in existing HRBs.

BSR and the new building safety regime

BSR was established in response to the pressing need for enhanced safety in higher-risk buildings, following the tragedy of the Grenfell Tower fire in 2017. This disaster highlighted severe shortcomings in building safety regulations and enforcement. In response, the Building Safety Act 2022 laid the groundwork for a comprehensive overhaul of safety protocols for HRBs. It covers all buildings but has a specific focus on high-rise buildings.

In England, compliance with BSA22 is monitored by the Building Safety Regulator. BSR operates as part of the Health and Safety Executive (HSE).

BSR’s overarching goals are to:

• Improve the safety and standards of all buildings
• Make sure residents of higher-risk buildings are safe and feel safe where they live
• Help restore trust in the built environment.

BSR is responsible for:

• Regulating higher-risk buildings
• Raising safety standards of all buildings
• Helping design, construction and building control professionals to improve their competence.

BSR’s key responsibilities for HRBs

BSR’s role encompasses the oversight of all aspects of building safety for HRBs. This includes:

• Approval of building designs: BSR reviews and approves detailed designs before any building work begins, ensuring compliance with safety regulations.
• Monitoring the building work: throughout the construction phase, BSR conducts inspections and assessments to verify that the work aligns with the approved plans and safety standards.
• Issuing completion certificates: once building work is complete, and before a new residential HRB can be occupied, BSR must issue a completion certificate, confirming that the building meets all regulatory requirements.
• Registration of buildings: post-completion, residential HRBs must be registered with BSR, which maintains a detailed record of all higher-risk buildings and their safety compliance.

BSR is steadfast in its remit to oversee and uphold a stringent building safety regulatory regime and ensure competence and compliance across industry. This in turn will help to transform the built environment and the culture of those who shape and nurture it.

What this means for developers and owners of HRBs

Developers must apply to BSR for building control approval before starting building work on any projects involving HRBs.

There are clear legal responsibilities for HBR developers and owners for safety during the design, construction, completion and occupation of higher-risk buildings. They are required to show they have effective, proportionate safety measures in place.

BSR’s new role as the building control authority translates into a series of rigorous checks and obligations designed to ensure that higher-risk buildings meet the highest safety standards. Here’s a breakdown of what developers need to know and do under the stringent building safety regime.

Navigating the Gateway process

The Gateway process is a series of critical hold points established to oversee the design, construction and completion of HRBs. Failure to submit the required documentation at each hold point could lead to delays and increased costs and could mean the HRB development does not receive a completion certificate.

This Gateway process is divided into three main stages:

Gateway One: Planning and Design – fire safety at the planning stage

Before any work begins, developers must secure planning approval at Gateway One. This stage requires developers to submit a comprehensive fire statement, detailing how fire safety has been integrated into the building design. HSE, a statutory consultee since August 2021, assesses these plans and advises local authorities on fire safety measures related to planning applications.

• Fire statement: a document outlining fire safety design considerations.
• HSE consultation: developers must engage with HSE to ensure their plans meet safety standards.

Gateway Two: Building Control Approval – rigorous inspections

Gateway Two involves BSR’s thorough review of detailed building plans. Developers must submit an extensive application demonstrating that their design complies with all building regulations. Construction cannot commence until BSR approves this application.

• Detailed design submission: includes architectural plans, safety strategies and compliance statements.
• BSR approval: only upon receiving BSR approval can construction begin.

The approval process for Gateway Two is comprehensive, covering detailed inspections and continuous oversights on various safety aspects, such as fire safety systems, structural integrity and evacuation procedures. Developers must provide a competence declaration, a construction control plan, a change control plan and a mandatory occurrence reporting plan. These documents collectively outline how the work will be carried out and ensure accountability throughout the project.

Gateway Three: Completion and Certification

At Gateway Three, BSR evaluates the completed building to ensure it adheres to the design that was approved at GW2 and safety standards. Developers must submit a completion certificate application, accompanied by evidence such as testing and commissioning results, as-built drawings and records of any changes made during construction.

• Completion certificate application: must include evidence of compliance with the approved design.
• BSR inspection: BSR inspects the building to verify that it meets all safety requirements.

Only after BSR issues a completion certificate can the building be occupied. This stage ensures that the safety measures implemented during construction are effective and that the building is safe for residents.

Documentation and compliance

To navigate the Gateway process successfully, developers must prepare and submit a range of documents at each stage. These include:

• Building Regulations compliance statement: outlining how the building design meets regulatory requirements.
• Fire and emergency file: detailing fire safety measures and emergency response plans
• Change control plan: managing and documenting any changes to the approved design.
• Mandatory occurrence reporting plan: procedures for reporting and addressing building safety incidents.

Compliance with these documentation requirements is crucial, as failure to provide the necessary information can lead to delays and potential project shutdowns.

Accountability and safety management

Under the new regulations, developers, alongside the principal accountable person and other key stakeholders, have expanded responsibilities to ensure safety throughout the building’s lifecycle. These include:

• Early and ongoing safety considerations: planning for safety from the initial design phase through to building completion.
• Coordination with BSR: maintaining open communication with BSR throughout the project to address any safety concerns or changes.
• Maintaining the golden thread: creating and maintaining a comprehensive digital record of the building’s safety information, known as the golden thread. This record includes details about the building’s design, construction and ongoing safety measures.

The golden thread is a crucial element of the new regime, serving as a single source of truth for the building’s safety information. It’s all about having the right information in order to understand the building and the steps needed to keep both the building and the people living in it safe.

It must be kept digitally and securely, accessible to those who need it to fulfil their legal duties and available throughout the building’s lifecycle. It ensures ongoing safety and compliance by tracking critical building information from design through to occupancy of the HRB.

Neil Hope-Collins is HSE operational policy lead - HRB at the Building Control Authority. Photograph: HSE

It should be noted that BSR’s oversight extends beyond new constructions to include existing HRBs undergoing significant renovations or changes. Similar to new builds, any building work on existing HRBs must be approved by BSR. This ensures that safety standards are upheld even as buildings are modified or upgraded.

Recognising that emergencies can arise, the regulations provide provisions for emergency repairs that may not follow the standard approval process. In such cases, work can proceed immediately, but BSR must be informed as soon as practicable, and an application must be made after for the work to be ‘regularised’. This ensures that urgent safety issues can be addressed without delay while maintaining regulatory oversight.

The role of multi-disciplinary teams (MDTs)

A key feature of BSR’s approach is the use of multi-disciplinary teams (MDTs) to assess and oversee HRB projects. These teams bring together experts from various fields, including building inspectors, structural engineers and fire safety professionals. MDTs are involved at every stage of the process, from initial application assessments to inspections and completion evaluations.

This is not new in terms of assessment of plans and site inspections – but it is a new method of delivery.

The MDT functions are:

• Application review: assessing applications for building control approval and change control.
• Construction monitoring: conducting inspections and assessments throughout the construction phase.
• Completion evaluation: reviewing completion certificate applications and ensuring that the building meets safety standards.

The involvement of MDTs ensures a comprehensive and co-ordinated approach to building safety, leveraging expertise from multiple disciplines to address the complex nature of HRB projects.

Ongoing compliance and registration

After a building receives its completion certificate, it must then be registered with BSR. The registration process is managed by the building’s principal accountable person, who is responsible for ensuring ongoing compliance with safety regulations. This includes:

• Regular safety assessments: conducting periodic evaluations to manage fire and structural safety risks (building safety risks, as defined in the law).
• Incident reporting: promptly reporting any building safety incidents or occurrences to BSR.
• Engagement with residents: communicating with residents about safety measures and procedures.

BSR will periodically ‘call in’ registered buildings to verify that safety measures are being maintained and that the principal accountable person is fulfilling their responsibilities.

Challenges and opportunities

The new regulations present both challenges and opportunities for developers and building managers. While the increased scrutiny and documentation requirements can be demanding, they also provide a framework for achieving higher safety standards and greater transparency.

By adhering to BSR’s guidelines, developers can enhance the safety and quality of their buildings, ultimately benefiting residents and the wider community.

To comply with the regulations and thrive under the new building safety regime, developers must:

• Invest in expertise: engage professionals with experience in building safety and regulatory compliance
• Plan proactively: anticipate and address safety requirements early in the project lifecycle
• Foster collaboration: work closely with BSR and other stakeholders to ensure a smooth and compliant process.

By embracing these principles, developers can not only meet BSR’s standards but also contribute to a safer and more resilient built environment.

The establishment of the BSR and its remit as the only building control authority for higher-risk buildings marks a pivotal moment in the regulation of high-rise buildings in England. With its comprehensive oversight and rigorous safety standards, BSR is transforming the landscape of building safety, ensuring that HRBs are designed, constructed and managed with the highest levels of care and accountability.

For developers, this new era demands a proactive and diligent approach to safety. It offers the opportunity to build safer, more reliable buildings and will crucially bring about the systemic lasting change we know is needed for residents of higher-risk buildings in England to be safe and feel safe in their homes.

Neil Hope-Collins is HSE operational policy lead – HRB at the Building Control Authority.

For more information see:

hse.gov.uk/building-safety

References

1. legislation.gov.uk/uksi/2023/909/contents/made
2. tinyurl.com/4rmnpx2h