Who, or What Does the Building Safety Act Apply To?

The Building Safety Act 2022 (BSA) represents one of the most significant legislative reforms in the UK’s built environment in decades. Born out of the need to address systemic failures in building safety, most starkly highlighted by the Grenfell Tower tragedy, the Act aims to establish a robust framework for ensuring the safety of all buildings. However, much confusion still exists about the scope of the Act and who it applies to.

One of the common misconceptions is that the BSA is relevant only to Higher Risk Buildings (HRBs). While it’s true that HRBs are subject to specific, stricter requirements under the gateway process, this focus overlooks the broader implications of the Act. The BSA introduces universal provisions that apply to all buildings, particularly through its competence requirements. Whether a building is a multi-occupied high-rise or a small non-domestic development, the principles of competency and compliance are at the core of the legislation.

Here we seek to clarify the scope of the Building Safety Act 2022, breaking down who it applies to and how its provisions are designed to raise safety standards across the entire built environment. By understanding these requirements, all professionals involved in the design, construction, and management of buildings can ensure they are aligned with the BSA's overarching objectives.

Who, or what does the Building Safety Act apply to?

Higher Risk Buildings (HRBs):
Under the Building Safety Act 2022 (BSA), all Higher Risk Buildings must adhere to the gateway process (Gateway One, Two, and Three). These gateways ensure robust safety management throughout the building's lifecycle, particularly in design, construction, and occupation. The definition of HRBs typically includes multi-occupied residential buildings over 18 metres or seven storeys and care homes and hospitals meeting similar criteria.

All Other Buildings:
While the gateway process is specifically required for HRBs, the Building Safety Act 2022 (BSA) mandates that all buildings must be designed and constructed by competent individuals or teams. This competency requirement applies to architects, engineers, contractors, and others involved in the project. It ensures compliance with all relevant building regulations, including fire safety and structural safety.

Implication of Compliance:

While the gateway process isn't mandatory for non-HRBs, the requirement for competency means these buildings must still meet all relevant provisions of the BSA and associated regulations.
Competency is guided by frameworks such as the Building Safety Competence Standards (e.g., PAS 8671, 8672 and 8673 series) and other sector-specific guidance.
By requiring competence, the BSA effectively ensures that safety standards and principles (e.g., those from the Building Regulations and Approved Documents) are met, indirectly tying all projects to the overarching objectives of the Act.

In essence, although the gateway process is a formal requirement for HRBs, all other buildings must still meet the principles of the BSA through compliance with regulations and competency standards. This highlights the broader scope of the BSA in raising safety standards across the built environment.

The Building Safety Act 2022 (BSA) introduces provisions that mandate building regulations to impose competence requirements on individuals and organisations involved in building work.

Section 35 of the BSA amends Schedule 1 to the Building Act 1984 by inserting paragraph 5C, which states:

Competence requirements (5C)

(1) Building regulations may, in relation to any work, impose competence requirements on -
- (a) any appointed person, or
- (b) any prescribed person.
(2) A “competence requirement” is a requirement relating to -
- (a) the skills, knowledge, experience and behaviours of an individual;
- (b) the capability of a person other than an individual to perform its functions under building regulations.
(3) The regulations may require an appointed person who is not an individual to give an individual acting under its control who has the appropriate skills, knowledge, experience and behaviours the task of managing its functions as an appointed person.

This provision empowers building regulations to set competence standards for all individuals and entities engaged in building work, ensuring that they possess the necessary skills, knowledge, experience, and behaviours to comply with building regulations.

Additionally, the Building Safety Act introduces new duty-holder roles, such as the Principal Designer and Principal Contractor, with specific competence requirements. These roles are responsible for planning, managing, and monitoring design and building work to ensure compliance with building regulations. The competence requirements for these roles are detailed in standards like PAS 8671 and PAS 8672, which outline the expected skills, knowledge, experience, and behaviours. (see external link)

In summary, the BSA mandates that all building work must be undertaken by competent individuals or organisations, as specified in Section 35 and further detailed in associated regulations and standards.