Serious sanction

A serious sanction is described in the government Guidance 'Design and building work: meeting building requirements' which relates to duties and competences under The Building Regulations etc. (Amendment) (England) Regulations 2023 and The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023. The guide states that a serious sanction can be:

• a compliance notice which refers to a contravention or likely contravention of a requirement of Part A (structure) or Part B (fire safety) of Schedule 1 of the Building Act 1984
• a stop notice under the Building Act 1984
• convictions under the Building Act 1984, The Health and Safety at Work etc. Act 1974, the Building Safety Act 2022, or the Regulatory Reform (Fire Safety) Order 2005

A serious sanction can also be a report published under the Inquiries Act 2005 that finds an appointee’s actions, or inaction, resulted in one of the following:

• one or more deaths
• a likely contravention of any requirement under the Building Act 1984, The Health and Safety at Work etc. Act 1974, the Building Safety Act 2022, or the Regulatory Reform (Fire Safety) Order 2005

In accordance with the regulations a client must tell the Building Safety Regulator (BSR) if an individual or organisation appointed for a project has been issued with a serious sanction in the last 5 years. This covers appointments made by th client, the principal designer or the principal contractor. Furthermore consideration must be given as to how any serious sanction and any resulting action by the individual or organisation affects their judgement or their capability to do the work. The client must provide information to BSR in the competence declaration and construction control plan about:

• why they consider the individual or organisation is competent to carry out their duties, despite having a serious sanction issued against them
• how will mitigate the risks of appointing an individual or organisation with a serious sanction, such as checking their work more frequently

For further information and details regarding serious sanctions refer to the guidance "Design and building work: meeting building requirements" published by Health and Safety Executive (HSE), an executive non-departmental public body, sponsored by and on behalf of the Department for Work and Pensions.

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