Building Safety  Ultimate Guide

Ensuring the safety of building occupants is paramount for any property manager, particularly for those entrusted with buildings over 11m and 18m in height. Building safety encompasses many considerations, from fire and electrical safety to structural integrity and accessibility. 

Learning this essential information and best practices to manage building safety effectively is important as it will minimise the risk of incidents. 

Building safety_featured

What is the Building Safety Act 2022?

The Building Safety Act makes substantive reforms to how higher-risk residential buildings are designed, constructed, and managed in England. 

When was the Building Safety Act introduced?

The Act was introduced to Parliament in 2021 because of recommendations made following the Grenfell Tower disaster in 2017. An independent review of England's fire safety and building regulations by Dame Judith Hackitt revealed gaps in how the safety of high-rise residential buildings was regulated. The BSA was passed into law on 28 April 2022.

 

When does the Building Safety Act apply?

The Building Safety Act currently applies to residential Higher-Risk Buildings (HRBs). These buildings are over seven storeys or 18 metres tall, contain at least two residential dwellings, and include hospitals and care homes.

What is a Higher-Risk Building? Find out now.

While headlines often focus on high-rise buildings, the BSA's reach extends far wider. The BSA applies to most buildings in the UK and it is possible that it could apply to all buildings in the future.

Here's the breakdown:

  • The Act covers ALL buildings requiring building control approval, including residential, commercial, industrial, and even public buildings. 
  • However, the level of regulation varies depending on the building's type and risk profile.

Higher-Risk Buildings (HRBs) face stricter scrutiny. For HRBs, the BSA introduces:

  • New resident engagement duties. ️
  • Safety case reports. 
  • Mandatory fire safety information sharing. 
  • A Golden Thread of building information for future reference. ️

What is the Golden Thread? Discover more.

Enhanced competency requirements apply to everyone involved in building work. This means everyone must be qualified and competent to ensure building safety. 

 

What is the Building Safety Regulator?

The Building Safety Regulator (BSR) is part of the Health and Safety Executive (HSR) and ensures that Higher-Risk Buildings meet safety standards. It oversees the safety of these buildings to help protect residents and requires compliance with regulations and standards. The BSR also oversees the entire life cycle of Higher-Risk Buildings, including the design stages, construction, and occupation.

The regulator must approve every step of the way via a series of Gateways.

What are the Gateways?

Planning – applicants must show consideration for fire safety matters.

Construction Commencement – construction cannot begin until the Regulator approves the application.

Completion – occupation is prohibited until the Regulator conducts final inspections and issues a Completion Certificate. 

Building is not allowed to continue unless criteria are met, and if it does not approve of a specific stage, the process can be halted. 

Their responsibilities include:

  • setting standards for the design and construction of Higher-Risk Buildings, 
  • helping accountable persons manage building safety, 
  • reviewing submitted safety case files and mandatory reporting occurrences, 
  • and overseeing the registration of building control bodies and professionals.

 

How to determine whether a building is a Higher-Risk Building in occupation

In residential property, a Higher-Risk Building (sometimes referred to as a high-rise building) is one that is 18 metres or more in height (or seven storeys) with at least two residential units or separate dwellings. 

Storeys should be counted from the storey at ground level to the top storey. Height should be measured from ground level to the top of the floor surface of the top storey of the building. This ignores any storey which is a rooftop machinery or plant area or consists exclusively of machinery or plant rooms.

The Government has a helpful guide on how to measure the height of a building on its website. 

The Act imposes the most strict safety requirements on these buildings because they are most likely to face significant consequences from the spread of fire and structural failure. 

  • What is the building used for? Does it meet any of the included or excluded categories of building? 
  • How does the building definition in the regulations apply to the building structure? 
  • How do the regulations’ methods for measuring height apply to the building? Does the building meet either the 18-metre or 7-storey height threshold when measured using these methods? 
  • a hospital, 
  • care home, 
  • secure residential institution, 
  • hotel, 
  • military barracks, 
  • or if the building contains any living accommodation provided by the Ministry of Defence for military personnel. 

Mixed-use buildings

Mixed-use buildings are included in the higher-risk regime. A building containing a shopping centre and two residential units is classed as a higher-risk building if it meets the height or storey threshold. 

What is a residential unit?

A residential unit is a dwelling or any other unit of living accommodation.

Examples include:

  • Flat. 
  • Studio flat. 
  • Home of multiple occupations. 
  • Shared accommodation in university halls. 
  • Unit with a supported accommodation building.

All of these could be privately owned, privately rented, or socially rented, and they would be considered residential units. 

Buildings that contain sheltered or supported accommodation are also only considered higher risk if they meet the height or storey threshold since they contain residential units. This could cover domestic abuse refuges, children's homes, and supported or sheltered homes for older people and those with additional care needs that do not fall within the definition of a care home. 

Boarding accommodations in schools or university accommodations are considered higher risk if they meet the threshold.

 

What is the Golden Thread?

In the Building Safety Act 2022, the Golden Thread is the information that allows you to understand a building, as well as and the steps needed to keep both the building and people safe. Essentially, it involves getting the right building safety information, to the right people, at the right time. 

It starts from when a building is designed and before it is constructed. This information should be updated throughout these stages and ready for handover to the Accountable Person once the building is occupied.

See your Golden Thread solution in action.

 

Who is the Accountable Person?

The appointment of an Accountable Person is mandated for newer and higher-risk buildings. They are the person or organisation who owns or has responsibility for the building and it is their job to show they have effective measures in place to deal with building safety risks. If they cannot, the Accountable Person could face criminal charges. 

An Accountable Person must manage building safety risks, including:

  • The spread of fire via smoke, heat or fumes. 
  • Structural failure.

The Accountable Person must register all new buildings with the Building Safety Regulator, create a safety case report for their buildings, and deal with the Building Safety Regulator's requests for inspection and certification. 

If a building is not registered with the Building Safety Regulator but is occupied, this is now classified as an offence.

 

Who is the Principal Accountable Person?

A Principal Accountable Person is defined when a building has multiple Accountable Persons. It is the person or entity in charge of the structure and exterior of the building. If there is only one Accountable Person, then they are the Principal Accountable Person and must follow the duties of both the Accountable Person and the Principal Accountable Person. 

The Principal Accountable Person must:

  • Register existing buildings with the Building
  • Safety Regulator (BSR); they can do this between April 2023 and October 2023.
  • Register all new buildings before occupation.
  • Prepare a Building Safety Case Report for the building.
  • Apply for a building assessment certificate when directed by the BSR.

 

How did the Golden Thread come about?

The need for building information to be made clear and accessible was made most stark following the Grenfell Tower fire, in which inaccurate information about the building's stay-put fire safety strategy led to the disaster. Firefighters faced additional difficulties fighting the fire because it was thought there were only 20 storeys when there were actually 24. They were also unaware that the lifts were not designed for firefighting purposes. 

What is a cladding?

Cladding is an external layer of material added to a building to improve its weather resistance, thermal insulation or appearance. Highly combustible cladding was one of the main reasons the Grenfell fire spread so easily. Two main types are under the spotlight after extensive investigations: ACM and HPL. 

What is ACM cladding?

ACM is a type of cladding used on buildings. A variant of ACM containing combustible materials was thought to contribute to the rapid spread of the Grenfell fire. It has been banned from being used in the construction of new buildings, with building developers and landlords tasked with removing this type of cladding from existing buildings.

Note: 'ACM' can sometimes refer to 'Asbestos-containing material'. 

What is HPL cladding?

High-Pressure Laminate is a hard, dense, and durable material used for interior and exterior design. It's made from layers of paper and resin that are bonded together with heat and pressure. HPL is often used for countertops, furniture, and wall cladding. 

The Golden Thread is not just a digital record and single source of truth of all current and updated information about a building's safety, it also helps keep that information readily available to the people who need it. It should be made available to the Building Safety Regulator, forming the backbone of the Building Assessment Certificate. 

Who should be able to see the Golden Thread?

Golden Thread information should be accessible to anyone involved in keeping the building safe. This could be building safety managers and accountable persons as well as contractors. It should be shared with the Building Safety regulator to allow them to assess the compliance of the building. 

Crucially, information from the Golden Thread should also be provided to residents so they feel safe in their homes and up-to-date about what is going on regarding the safety of their building. 

Discover more in our Golden Thread Explainer Guide. 

Safety case file or key building information

Under the Building Safety Act, key building information is the basic facts about a building, from its materials to its history of use. 

Your key building information is a crucial part of a structure's Building Safety Case. As set out by The Higher-Risk Buildings (Key Building Information, etc.) (England) Regulations 2023, key building information includes wide-ranging particulars. 

  • Whether any ancillary buildings are also HRBs.
  • The principal use of the HRB and any ancillary buildings.
  • Details on the HRB's structural and cladding construction materials.
  • Details on the HRB's insulation.
  • Details on the HRB's roof.
  • What fixtures are attached to the HRB's external walls.
  • The number of storeys below ground.
  • The number of staircases and which storeys they serve.
  • The type of energy supply and energy storage system in the HRB.
  • The evacuation strategy in place.
  • The fire and smoke control equipment in the HRB.
  • Details of the Principle Accountable Person. 

How to build a safety culture

  1. Creating a health and safety policy would be the first step to building a safety culture. This will establish clear safety expectations for landlords and tenants, making safety a priority. For more complex buildings, a third-party specialist should be considered to create a Fire Strategy. 
  2. Signposting is imperative. Buildings should have instructions on what occupants should do in the event of a fire alarm, for example, or other emergency. 
  3. Encourage open communication. There should be open channels for reporting hazards and concerns, and responses should be swift. 
  4. Assess any risks and audit regularly. 
  5. Continually evaluate safety practices. 
  6. Tie this into your Resident Engagement Strategy. See below…

 

Relevant building certificates and assessments

Safety certificates ensure the safety and security of tenants and the property they reside in. There are several certificates and assessments a property must undergo. These include: 

Fire Safety Risk Assessment

The Fire Safety (England) Regulations 2022 require that all blocks of flats have a Fire Risk Assessment carried out by the Responsible Person(s). This is the landlord or anyone else controlling the premises, such as a building manager or managing agent. This assessment is also required for all rental properties, especially Houses in Multiple Occupation (HMOs). 

Best practice guidance also specifies that higher-risk buildings should have theirs reviewed every year and be reassessed every three years. The highest-risk buildings may need to be reassessed every year. An assessment should also be reviewed whenever changes are made to the building, such as extensions or work to improve fire safety. 

During a fire risk assessment, the assessor looks at:

  • How likely a fire is to start in a building. 
  • What the consequences could be. 
  • How its spread can be prevented.

Regulations specify that for multi-occupied residential buildings over 11 metres in height, you must undertake quarterly checks on all communal fire doors. The regulations also require that annual checks of all flat entrance doors that lead onto a building's common parts are undertaken. 

This should include ensuring that the self-closing devices for the doors are working. If any issues are identified, more detailed checks may be required, which could include consulting with a specialist or contractor. 

Fire Alarm Installation Certificate

This certificate confirms that a property's fire alarm system has been installed correctly and meets the required standards. A qualified fire safety engineer or licensed fire alarm company usually issues it. 

PAT Testing Certificate

This confirms that all electrical appliances in a property have passed safety and functionality tests. Landlords must ensure that all electrical installations and appliances are in safe working order. 

Sprinkler maintenance

As part of fire safety, the sprinkler system within the building must be inspected by a certified fire safety technician at least once a year. During this process, sprinkler heads, pipes, fire pressure switches, pumps, and more will be checked. 

Resident engagement strategy

The Principal Accountable Person is responsible for a resident engagement strategy. This strategy sets out how residents and owners of residential units are involved in and informed about building safety decisions. 

These strategies are used to ask the opinions of residents. Sometimes, a property manager may only need to ask residents about certain aspects of a decision that could affect them. For example, if work is needed to repair a faulty fire door, you could ask residents when they would prefer the work to take place. This can help minimise disruption. 

If works will take place for more than one day and block any part of a building or disrupt the residents' lives, the PAP must ask residents:

  • about when the works are planned
  • how to minimise disruption

They must also explain what decisions residents will not be asked about, if any, and explain why. 

Gas Safety Certificate

Gas safety inspections are carried out annually to ensure a property is safe and compliant with regulations. These checks reduce the risk of gas leaks or explosions within the property. 

To do this, a property manager can send in a registered engineer to check every gas appliance, boiler, and flue for signs of wear and tear. They will also test the gas pressure and check there are no carbon monoxide leaks. It is essential to use a registered Gas Safe engineer for these works, as stated in the Gas Safety (Installation and Use) Regulations. 

Want a checklist to keep your responsibilities in order? We have just the thing. 

 

Building safety inspection checklist

To prepare for a building safety inspection, complete the following steps:

  • Check all safety certificates are accessible. 
  • Complete any outstanding work on the building. 
  • Ensure all M&E assets & appliances are working properly. 
  • Make sure there is safe access/egress to/from the building. 
  • Prepare all relevant documents, such as risk assessments and the health and safety policy.

 

Building safety checklist

  • Re-read your FRA and make sure you track risk actions and record proof of remedy.
  • Inspect any common places, such as bin stores and escape routes, for any damage.
  • Check the outside lights and light fittings.
  • Look for damage or cracks in the paint and walls.
  • Look for any damage or safety concerns on the roof.
  • Examine all additional external block features, such as windows, drains, and pipelines.
  • Address escape of water issues promptly. 
  • Examine walls and ceilings for leaks. 
  • Ensure appropriate inspection regime for emergency light fittings. 
  • Communicate with owner occupiers and managers of let flats within a building to make sure they carry out relevant inspections to the demise, such as PAT testing, water, gas and electrical inspections under the relevant testing regimes in place.

Struggling to inspect the fire doors in your blocks or commission other statutory service inspections? Entrust Fixflo's marketplace suppliers to be auto-instructed, and arrange access and certification to pre-agreed SLAs.

 

Final thoughts

Building safety is an ongoing responsibility that requires constant vigilance and proactive management. Property managers can create safer and compliant environments for the leaseholders and tenants by implementing these safety measures with regular inspections and maintenance. Easily track your risk actions in systems and make sure you have that all important audit trail. 

Ready to better support your occupants? Fixflo can help! Get your free quote. 

 

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