An In Depth Guide to the Building Safety Act 2023 (for 2024)

An In Depth Guide to the Building Safety Act 2023 (for 2024)

In 2023, the construction industry in the United Kingdom saw a significant shift with the implementation of the Building Safety Act (BSA) 2022. This legislation introduced new roles and responsibilities aimed at enhancing safety and compliance in construction projects. 

However, confusion often arises when comparing the roles outlined in the BSA with those established in the Construction, Design, and Management Regulations 2015 (CDM 2015). 

In this guide, we delve into the nuances of the Building Safety Act 2023 and elucidate the roles of Principal Designer, Principal Contractor, and the Client, highlighting their key responsibilities and contributions to ensuring safe and compliant construction projects.

The Difference in CDM 2015 and the Building Safety Act 2024

Confusingly there are now two sets of regulations which are the construction, design, and management regulations 2015 (CDM 2015) and the building safety act 2022 (BSA) which refer to the requirement for a principal designer and contractor to be appointed. Despite having the same names, they are two very distinctly different roles and have completely separate requirements. The CDM 2015 principal designer and contractor roles cover the management of health and safety during construction and design, as has been in place since 2015. In contrast, the building regulations principal designer and contractor roles under the BSA 2022 are concerned with managing compliance of the design and construction works with the building regulations.

The Role of Principal Designer

• Oversee the design phase of the project to ensure compliance with Building Regulations.
• Coordinate with all involved parties, manage and monitor design work and ensure that designs meet regulatory standards.
• Act as a liaison between the client, designers, and contractors, fostering cooperation and communication throughout the project.
• Possess a comprehensive understanding of Building Regulations and construction processes to effectively carry out duties.

The Principal Designer under the Building Safety Act plays a critical role in overseeing the design phase of a project to ensure compliance with Building Regulations. 

Their responsibilities include coordinating with all involved parties, managing and monitoring design work, and acting as a liaison between the client, designers, and contractors. Possessing a comprehensive understanding of Building Regulations and construction processes is essential for effectively carrying out these duties. 

It should be noted that if the Principal Designer is no longer involved post-design, the Principal Contractor assumes this role should any changes to the designs occur or should the drawings need to be altered or strayed from for whatever reason, emphasising the continuous oversight required.

The Role of Principal Contractor

• Oversee and manage the construction phase of the project to ensure compliance with Building Regulations.
• Plan, manage, and monitor construction activities, ensuring all work meets regulatory standards.
• Act as the central point of contact for cooperation among duty holders, liaising with the Principal Designer to implement design specifications correctly.
• Possess a thorough understanding of construction processes, safety protocols, and regulatory requirements.

For projects governed by the Building Safety Act, the Principal Contractor assumes a pivotal role during the construction phase. Their duty revolves around supervising and orchestrating the building activities to uphold adherence to Building Regulations. This task demands meticulous planning, adept management, and vigilant monitoring to ensure that all endeavours align with regulatory standards—an imperative for final approval.

Facilitating seamless coordination among all involved parties is imperative, with the Principal Contractor serving as the linchpin for collaboration among duty holders. They maintain open communication with the Principal Designer, unless they assume that role, to ensure accurate implementation of design specifications throughout the construction process.

The Principal Contractor also is the first port of call for the client and other contractors, maintaining previous agreements, and promptly notifying Building Control as needed. Proficiency in construction methodologies, safety procedures, and regulatory mandates is paramount for executing these responsibilities effectively.

By overseeing the construction phase, the Principal Contractor guarantees projects reach completion securely, expeditiously, and in strict accordance with Building Regulations.

The Role of the Client

The client holds overall responsibility for project management and compliance. Their obligations include ensuring suitable arrangements are in place for planning, managing, and monitoring building work, appointing competent Principal Designers and Principal Contractors, and actively engaging with duty holders throughout the project lifecycle. ]

The client must take reasonable steps to ensure that appointed designers and contractors are competent for their respective roles and provide necessary support and information to duty holders.

Building safety competence means the entity has the necessary building safety skills, knowledge, experience, and behaviours and ethics. A British standard has been produced to help guide principal designers, contractors, and clients to understand the building safety competencies required to perform the principal designer and contractor roles. PAS 8671:2022 sets out a competency framework for principal designers and PAS 8672:2022 sets out a framework for principal contractors.

Ultimately, the client must:

• Ensure suitable arrangements are in place to plan, manage, and monitor the building work to comply with Building Regulations.
• Appoint the Principal Designer and Principal Contractor in writing, ensure appointed designers and contractors are competent, and provide necessary support and information to duty holders.
• Maintain overall responsibility for project management and compliance, actively engaging with duty holders and addressing concerns promptly.

While the Principal Designer and Principal Contractor oversee specific phases of the project, the client maintains overall responsibility for making sure these roles are filled competently, or as reasonably so as should be expected. They must actively engage with duty holders, address any concerns promptly, and ensure that the project proceeds smoothly within regulatory frameworks.

When Did the New Legislation Take Effect?

The Building Safety Act came into force on October 1, 2023, making roles mandatory for projects from this date onwards. Any projects initiated after this date are subject to compliance with the Act’s provisions. It’s crucial for stakeholders to adhere to these regulations to avoid legal complications and ensure the safety and integrity of construction projects.

When a Principal Contractor is also a Principal Designer

This scenario may occur in design and build services where the same company is responsible for both designing and building the project. RIBA has produced more guidance on these design and build scenarios here.

The Principal Designer may also change if the designs from the original Principal Designer are amended or replaced once site assessment takes place or at any point during construction, unless the changes are made by the same Principal Designer as previous.

What Happens if No Principal Designer or Principal Contractor is Assigned

Failure to appoint a Principal Designer and/or Principal Contractor can impede project approval and lead to significant issues for the client and potential repercussions for professionals involved. 

It’s imperative for all stakeholders to fulfil their roles and responsibilities to facilitate smooth project execution within regulatory frameworks.

Principle Designers & High Risk Buildings (HRBs)

High-risk buildings, defined as those 18m or 7 storeys or more with more than 2 dwellings, necessitate particular attention. 

In such cases, the Principal Contractor cannot also serve as the Principal Designer under the Building Safety Act, emphasising the need for distinct roles and expertise in these complex projects.

What is the difference between the CDM 2015 and BSA or Building Regulations principal designer and contractor roles?

From a broader point of view, the main changes in the CDM 2015 and the BSA 2022 (2023) is the the CDM roles are centralised around health and safety compliance above all else, whereas for the BSA, the focus shifts more so to strict Building Regulations compliance.It is of course much more complex than this, but that is the long and short of it.

Under CDM 2015, Principal Designers are tasked with planning, managing, monitoring, and coordinating health and safety in the pre-construction phase. In contrast, Principal Designers under the Building Safety Act must plan, manage, and monitor design work to ensure compliance with building regulations, along with coordinating with other designers and contractors.

Similarly, the role of Principal Contractor differs between CDM 2015 and the Building Safety Act. While CDM 2015 Principal Contractors focus on planning, managing, and monitoring the entire construction phase, Building Safety Act Principal Contractors are responsible for ensuring building work complies with building regulations, coordinating with designers and contractors, and managing risks associated with building safety.

As described by HSE, principal designers under CDM 2015 must:

• plan, manage, monitor, and coordinate health and safety in the pre-construction phase. In doing so they must take account of relevant information (such as an existing health and safety file) that might affect design work carried out both before and after the construction phase has started
• help and advise the client in bringing together pre-construction information, and provide the information designers and contractors need to carry out their duties
• work with any other designers on the project to eliminate foreseeable health and safety risks to anyone affected by the work and, where that is not possible, take steps to reduce or control those risks
• ensure that everyone involved in the pre-construction phase communicates and cooperates, coordinating their work wherever required
• liaise with the principal contractor, keeping them informed of any risks that need to be controlled during the construction phase

In contrast under the BSA 2022, the building regulations principal designer must:

• plan, manage monitor design work, and cooperate, coordinate, and communicate to ensure the design work, if built, complies with building regulations
• understand the law (role and competency requirements set out in the Building Regulations) as this will enable the principal designer to understand their role
• Be able to manage other designers and reach consensus that design work is compliant with building regulations. Monitor identified compliance risks and assess gaps in other designers’ competences
• set the plan for achieving design work compliance
• control changes to the plan and monitor risks to design work compliance
• coordinate designers’ work related to achieving the plan
• liaise with principal contractors about design work compliance
• monitoring progress against the plan through to the end of the design phase
• understand technical guidance, codes of practice and standards so that they can assess, challenge, and build design team consensus on design compliance

From HSE again, the principal contractor, under CDM 2015, must:

• plan, manage, monitor, and coordinate the entire construction phase
• take account of the health and safety risks to everyone affected by the work (including members of the public), in planning and managing the measures needed to control them
• liaise with the client and principal designer for the duration of the project to ensure that all risks are effectively managed
• prepare a written construction phase plan before the construction phase begins, implement, and then regularly review and revise it to make sure it remains fit for purpose
• have ongoing arrangements in place for managing health and safety throughout the construction phase
• consult and engage with workers about their health, safety, and welfare
• ensure suitable welfare facilities are provided from the start and maintained throughout the construction phase
• check that anyone they appoint has the skills, knowledge, experience and, where relevant, the organisational capability to carry out their work safely and without risk to health
• ensure all workers have site-specific inductions, and any further information and training they need
• take steps to prevent unauthorised access to the site
• liaise with the principal designer to share any information relevant to the planning, management, monitoring, and coordination of the pre-construction phase

Looking at the BSA 2022, the building regulations principal contractor must:

• plan, manage and monitor the building work, cooperate, coordinate, and communicate to ensure the building work complies with building regulations
• work with designers and other contractors to make sure all building work complies with relevant building regulations
• monitor building work (and record this) to make sure it complies with the law and to liaise with the principal designer to agree any changes
• understand applicable legislation and recognise obligations regarding building safety
• manage building work including knowledge of risks (fire and structural safety) and how to mitigate these
• competence to select competent contractors and suppliers. Competence to procure quality materials, products and building systems
• coordinate and monitor contractors, suppliers, and service providers specifically in relation to identify, assess, inspect, and test safety critical materials, components and building systems and ensure any time or budgetary pressures do not impact building safety
• lead a building project using learning, experiences, and knowledge of standards and best practice. A principal contractor needs to be able to take control of a build and manage change control but also delegate and empower others
• effectively manage build quality through communicating with and monitoring contractor’s work
• retain accurate and reliable documented information. In most cases, this will necessitate the competency to develop digital systems for the build information management

Conclusion

The Building Safety Act 2023 represents a significant step towards enhancing safety and compliance in the construction industry. By understanding the roles and responsibilities outlined in this legislation, stakeholders can effectively collaborate to ensure the successful and safe completion of construction projects. 

Clear communication, competent leadership, and adherence to regulatory frameworks are paramount for achieving this goal. As the industry continues to evolve, staying informed and proactive in implementing these regulations is essential for safeguarding the interests of all involved parties and fostering a culture of safety and compliance in construction projects.