Building Safety Act 2022

Higher Risk Building

The Building Safety Act 2022, marks the greatest change to building regulations in a generation and heralds a new era in building design, construction, and management.

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Introduced in the wake of the Grenfell tragedy to raise standards across the industry, at the heart of the change is the legal obligation for individuals and organisations to be competent in building design and construction.

The Act prescribes new requirements and enforcement powers on the people that procure, design, plan, manage and undertake building work. If you are planning a new higher-risk building (HRB), creating one through a change of use or alteration, or undertaking work on an existing HRB, you will need to follow the new building regime.

Higher Risk Buildings

Check if your plan or building is a Higher Risk Building

Higher Risk Buildings under the Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023, known as Relevant Buildings are defined as a building in England that:
(a) Is at least 18 metres in height or has at least 7 storeys
(b) Contains at least 2 residential units
For the purposes of Section 65 of the Building Safety Act 2022, a higher risk building does not include buildings with the following description

(i) a care home

(ii) a hospital

(iii) a secure residential institution

(iv) a hotel

(v) military barracks

(b) a building that contains living accommodation provided by the Ministry of Defence (either alone or in combination with other accommodation)

(i) His Majesty’s forces

(ii) any visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964.

The new legislation also sees the introduction of a Building Safety Regulator (Health and Safety Executive) who are a statutory consultee as part of the Planning Approval Process and the Building Control Authority for higher risk building work, thereby replacing Local Authorities and Approved Inspectors.

Where we can help

Our experts work directly with Principle Designers and Contractors providing Building Regulatory consultancy services to support projects progressing through Gateways 1, 2, & 3 during the design, construction and completion phase of your project.

Commercial Building Control Scope of Service

  • Advise the client, principal designer and principal contractor engaged on the project of the processes and programme related to the Building Regulation assessment and certification.  
     
  • Discuss with the client and design team as necessary to agree arrangements and a timetable for them to provide drawings, specifications and other design information for assessment under the Building Regulations.  
     
  • Submit the statutory Section 47 Initial Notice to the relevant local authority.
  • Advise the principal designer and other designers on the relevant requirements associated with Building Regulation compliance. 
     
  • Undertake an assessment of the detailed design information including drawings, specifications and calculations for the purposes of ensuring that the relevant requirements are satisfied through management of the Building Regulation tracking document.  
     
  • Communicate to the client, principal designer and principal contractor areas of non-compliance with the Building Regulations and list additional information required to allow the Building Regulations assessment to be completed prior to issuing a Plans Certificate. 
     
  • Maintain appropriate records of the design assessment process through the Building Regulation Tracking Document and data management system. 
     
  • Carry out formal consultation with the local Fire Authority and forward observations and requirements to the client, principal designer and principal contractor. 
     
  • Undertake all other statutory consultations and forward observations arising from such consultations to the client. 
     
  • If requested by the client and when satisfied that the design meets with the relevant requirements and Fire Authority requirements, issue a Plans Certificate.  
  • Prepare a site inspection regime for the project taking account of the complexity and scope of the works.

  • Identify where there is a need to witness testing and the cause and effect strategy.

  • Carry out periodic inspections of the site at key stages to observe compliance with the Building Regulations.

  • Maintain appropriate site inspection records, identifying the work inspected and any observations of non-compliance with Building Regulations, providing copies of the report to the client and principal contractor.

  • Ensure as built information accords with the works as identified on the Initial Notice and update the Building Regulation tracking documentation.
  • Carry out a final inspection of the project having taken reasonable steps to be satisfied that the whole or part of the works has been completed in accordance with relevant requirements for Building Regulation approval along with issuing of the Final Certificate(s) to the client, together with a copy to the Local Authority and Fire Authority.  
     
  • Receive all Commissioning Certification and test reports relevant to the project. 
     
  • Receive the Fire Safety information to satisfy Regulation 38 requirements. 
     
  • Retain statutory records for an appropriate period. 

Gateway 1

1

Outline Design

Strategy & Project Brief

Building Service Design

Feasibility Studies

2

Building Control Advice

Mechanical & Electrical Design & Strategy Check

Gateway 2

3

Design Stage SAP Calculations

Design Stage SBEM Calculations

BREEAM Pre-assessment reports(New Construction, RFO, AP)

Energy Statements

Thermal Modelling

Overheating: Approved Document O Calculations (Simplified & Dynamic)

Noise Impact Assessments 

Daylighting Calculations

Development of Sketch Design, Initial Technical Design & Design Programme

4

PSI Value Calculations (Thermal Bridging)

Water Efficiency Caculations

Building Control Plan Checking

Mechanical, Electrical and Public Health Building Services Design

Low Carbon & Renewable Technologies Building Services Design

BIM, CAD & Revit

Detailed Fire Strategy Report

CFD Analysis & third party review

5

Building Control Site Inspections

Warranty Inspections

Building Services Construction, Design and Installation Project Management

Construction & Commissioning Completed

Fire & Emergency File

Construction Control Plan

Mandatory Occurence Reporting

Partial Completions Strategy

Gateway 3

6

As Built SAP EPCs

As Built SBEM EPCs

Air Tightness Testing

Sound Testing

Ventilation Testing

Final Certificate & Warranty Issued

Commissioning 

Regulation 38 file

Competence Declaration

7

BREEAM In Use 

SKA Rating

Gateway 1

1

Outline Design

Strategy & Project Brief

Building Service Design

Feasibility Studies

2

Building Control Advice

Mechanical & Electrical Design & Strategy Check

Gateway 2

3

Design Stage SAP Calculations

Design Stage SBEM Calculations

BREEAM Pre-assessment reports(New Construction, RFO, AP)

Energy Statements

Thermal Modelling

Overheating: Approved Document O Calculations (Simplified & Dynamic)

Noise Impact Assessments 

Daylighting Calculations

Development of Sketch Design, Initial Technical Design & Design Programme

4

PSI Value Calculations (Thermal Bridging)

Water Efficiency Caculations

Building Control Plan Checking

Mechanical, Electrical and Public Health Building Services Design

Low Carbon & Renewable Technologies Building Services Design

BIM, CAD & Revit

Detailed Fire Strategy Report

CFD Analysis & third party review

5

Building Control Site Inspections

Warranty Inspections

Building Services Construction, Design and Installation Project Management

Construction & Commissioning Completed

Fire & Emergency File

Construction Control Plan

Mandatory Occurence Reporting

Partial Completions Strategy

Gateway 3

6

As Built SAP EPCs

As Built SBEM EPCs

Air Tightness Testing

Sound Testing

Ventilation Testing

Final Certificate & Warranty Issued

Commissioning 

Regulation 38 file

Competence Declaration

7

BREEAM In Use 

SKA Rating

Gateway 1 - Planning

Addressing minimum requirements for fire safety during the planning stage as local planning authorities review planning applications. You are required to submit a fire statement detailing how key aspects of fire safety have been considered including water supply for fire fighting, access and the layout of the site. We can support your building control assessment at the early stage of the design/planning process.

Gateway 2 - Before work starts

Before building work starts, you will need to submit a Building Control Approval application to the Building Safety Regulator (Health and Safety Executive). We can support in your application to the Building Safety Regulator.

Your application must detail how the completed building will satisfy all applicable functional requirements and demonstrate how you will manage the building work – including how you will record evidence of the information required for the building completion certificate.

Once you have building control approval, the Principle Contractor duties including planning, managing, and monitoring the building work, collaborating with the Principle Designer to ensure the work conforms to the approved design, including any approved changes.
They are also required to capture evidence required for the Golden Thread of Information.

Building control approval applications for HRB work or stage of HRB work

A building control approval application for HRB work must be made in writing, signed by the applicant, and must include:
(a) the name, address, telephone nuber and (if available) email address of the client
(b) the name, address, telephone number and (if available), email address of the principle contractor (or sole contractor) and the principle designer (or sole or lead designer)
(c) a statement that the application is made under this regulation

(i) details of its current use, including the current use of each storey

(ii) its height as determined in accordance with regulations 5 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023 (11)

(iii) the number of storeys it has as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023

(i) details of the intended use of the higher-risk building, including the intended use of each storey

(ii) the height of the higher-risk building as determined in accordance with regulation 5 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023

(iii) the number of storeys in the higher-risk building as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023

(iv) the number of flats, the number of residential rooms and the number of commercial units it is proposed the higher-risk building will contain

(v) the provision to be made for the drainage of the higher-risk building

(vi) where paragraph H4 of schedule 1 to the 2010 Regulations imposes a requirement, the precautions to be taken in the building over a drain, sewer or disposal main to comply with the requirements of that paragraph

(vii) the steps to be taken to comply with any local enactment that applies

(viii) a statement as to when it is proposed the work is to be regarded as commenced in accordance with regulation 46A (lapse of building control approval: commencement of work) of the 2010 Regulations (12)

A building control approval application for HRB work must be accompanied by:

(i) the size and position of the building and its relationship to adjoining boundaries

(ii) the boundaries of the curtilage of the building, and the size, position and use of every other building or proposed building within the curtilage

(iii) the width and position of any street on or within the boundaries of the curtilage of the building

(ii) a competence declaration

(iii) a construction control plan

(iv) a change control plan

(v) a mandatory occurrence reporting plan

(vi) a Building Regulations compliance statement

(vii) a fire and emergency file

(viii) where the applicant proposes occupational of part of the building before completion of the HRB work, a partial completion strategy

(c) where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that information contained in the application is correct.

Gateway 3 - Build is complete

On completion of the construction phase you will be required to submit an application for the Completion Certificate. Your application should show how the building conforms to the approved design and satisfies the applicable functional requirements. The golden thread of information (below) is required to support a completion certificate showing the capture of relevant information during the design and construction phase.

Once the regulator is satisfied all the requirements have been met, they will issue the Completion Certificate granting permission for the building to be occupied.

Golden Thread of Information

The Building Safety Act sets out the key requirements including a digital golden thread of safety information through three gateways that span planning, design, and construction.

The digital golden thread of information is used to store and transfer information across all three gateways during a project to help the right people access information when they need it. For example, during the construction phase, tracking and recording of the products used and methods of installation helps the occupier understand the materials and systems used in the building so they maintain them accordingly.

What golden thread information do I need to include?

(a) is kept in an electronic format

(b) is capable of being transferred electronically to other persons without data, information or document in it being lost or corrupted

(c) is accurate and up to date

(d) is available in a readable format which is intelligible to the intended readers of the data, and any key needed to understand the data is provided with the data

(e) is made available as soon as reasonably practicable following a request from a principle designer (or sole or lead designer) or principle contractor (or sole contractor) to enable them to comply with their requirements under the building regulations

(f) is secure from unauthorised access

(g) is only changed in accordance with procedures which record the person who made the change and the date of that change

(h) as far as is reasonably practicable uses language, terminology and definitions which are consistent

Duty Holders Responsibilities

The Building Safety Act introduces accountability and statutory responsibility for Duty Holders’ competence in discharging their duties. Duty Holders include Clients, Principle Designers, Principle Contractors and those responsible for the maintenance and management of the building during the occupation phase.

  • As a Client, you’re responsible for the overall planning, managing and monitoring a project, and ensuring clear communication, sharing of information and cooperation between everyone involved in the project.
  • Designers’ responsibilities lie within the planning, managing and monitoring of the design work, making sure the design complies with the Building Regulations.
  • Contractors share similar responsibilities but for the planning, management and monitoring the building work and providing all workers under their control with the appropriate supervision, instruction and information to ensure the building work complies with the Building Regulations.

For further information on our Commercial Building Control Services and support throughout each of the BSA gateways, get in touch using the form here:

Complete the form and we will contact you directly.