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The biggest shake-up in building safety laws in 40 years, in response to Grenfell, has moved a step closer with the government unveiling a draft bill. Landlords must start to act now if they haven’t already, says Scott Dorling
The new Building Safety Bill was published yesterday, and the enhanced regulatory regime is likely to take effect in autumn 2021.
The bill proposes total regulatory reform to the fire and structural safety regime for all higher-risk buildings (as they are described in the draft bill) with the prospect of this being extended to many more buildings.
The regime will cover all multi-occupied residential buildings of a prescribed height, according to the bill.
Regulations will set out what that prescribed height is but from the government consultation we know this is likely to be more than six storeys or 18m, whichever measurement is reached first.
We also know that the scope is likely to be extended in due course to other types of tenanted buildings, based on “emerging risk evidence”.
While these aren’t named, we know from last year’s consultation that the government is eyeing other non-residential buildings where people sleep, including schools, hospitals and prisons.
Given the tabling of the bill and despite the current difficulties presented by the COVID-19 outbreak, public and private sector landlords of higher-risk buildings need to continue their work – or quickly get up to speed – in addressing the new fire and building safety regime.
This is no small ask.
“Numerous difficulties are faced by landlords of higher-risk buildings where the safety cases will have to address a diverse population of tenants with a myriad of needs and physical requirements”
The safety case that underpins the new regime requires new thinking by landlords of higher-risk buildings including the designation of new duty holders and the appointment by landlords of a building safety manager for each higher-risk building during its occupation.
Based on the safety case approach more usually found in high-risk industries such as civil aviation, nuclear and oil and gas, the new regulatory regime covers all stages of a building: from the design, procurement and construction of a higher-risk building, to the in-occupation, management and maintenance phase.
Numerous difficulties are faced by landlords of higher-risk buildings (particularly those already existing/in occupation) where the safety cases will have to address a diverse population of tenants with a myriad of needs and physical requirements, under different tenures.
The bill now brings into sharper focus some of the main issues that landlords gearing up for the legislation have been anticipating. These include:
The Building Safety Bill represents the most radical change to the UK building industry since the advent of the Health & Safety at Work Act in 1974.
The industry cannot wait for the bill to become an act of parliament before it is ready to implement the new regime.
Scott Dorling, partner, Trowers & Hamlins