Building a safer future for all by strengthening building safety

Building a safer future for all by strengthening building safety

Investigations following the Grenfell Tower fire in 2017, which claimed the lives of 72 people, revealed a disturbing lack of oversight and accountability in construction methods and practices. However, it was not an isolated building-related incident – there have been others – but new legislation that came into force this autumn delivers industry reform to safeguard against further tragedies.

The Building Safety Act 2022

The introduction of the Building Safety Act 2022, under which all existing and new high-rise buildings must be registered with the Building Safety Regulator from 1 October, marked a significant milestone in prioritising safety within the built environment sector. However, the impact of this legislation extends far beyond its primary objectives. It represents a paradigm shift and provides opportunity to address systemic challenges across the value chain. Construction and maintenance organisations must recognise the importance of embedding the principles and guidelines of this act into their structures and supply chains to fulfil their commitment to end-users.

The legislation was enacted in response to Grenfell and other high-profile disasters that highlighted the need for enhanced safety measures in the construction and maintenance of high-risk buildings and structures. Its aim is to improve accountability, transparency and oversight throughout the entire lifecycle of a building. The establishment of key roles and duties will usher in a new system for building safety assurance, introducing a more robust regulatory framework for high-rise residential buildings.

To meet the requirements of the Act, building owners must familiarise themselves with the regulations and their legal responsibilities. Achieving compliance will demand a dedicated effort to ensure the correct process and procedures are in place, as well as ensuring staff have the necessary skills, knowledge and experience to meet their statutory obligations.

While the legislation introduces new and additional responsibilities for organisations, a fundamental shift in organisational behaviour and culture is essential to ensure compliance. This transformation addresses:

• Accountability: Building owners and construction process stakeholders must proactively lead by example, actively creating a culture of compliance not only within their organisation, but throughout their supply chain. They must ensure that all involved are fully aware of and committed to meeting their statutory obligations. Accountability is not just a legal requirement, but a fundamental aspect of building safety.
• Complacency: Conflicting priorities and misconceptions about the perceived value of certain safety measures can lead to negligence. Therefore, organisations must continuously assess their priorities and values to ensure they align with the Act's safety standards.
• Fear of Change: Building owners and organisations already face a range of complex challenges, such as addressing the climate crisis and adapting to post-Brexit regulations. However, the Building Safety Act brings an additional level of adaptation and commitment to change. With the legislation introducing new requirements and responsibilities, overcoming fear of change is critical. Organisations must actively embrace these changes, implement necessary processes and ensure their teams have the knowledge and resources to comply.

Any violation of building regulations by individuals or organisations will be a criminal offence, and could lead to trial in through the court system. If the case proceeds to the Crown Court, the penalty may include imprisonment for up to two years and/or a fine.

Additionally, violations can have profound moral, legal and economic implications for organisations:

• Moral: The core principle of the Building Safety Act is to ensure the safety and wellbeing of everyone involved in and impacted by construction and building management. Failure to adhere to safety regulations can result in injury or harm to individuals, affecting not only their lives those of their immediate friends and family. The Act emphasises the moral responsibility of organisations to prioritise safety.
• Legal: Organisations that breach safety regulations may face prosecution, leading to large fines or imprisonment. In extreme cases, the financial burden of these fines could potentially force an organisation out of business and almost certainly result in bad publicity and reputational damage. Furthermore, the Act reinforces that organisations can be prosecuted under criminal law, specifically the Health and Safety at Work Act 1974.
• Economic: Failing to prioritise building safety can result in financial consequences, the costs of which far outweigh the investment required to maintain safe practices. In some cases, investments to rectify safety issues may become financially unsustainable and jeopardise an organisation's ability to remain financially viable.

In summary, landlords, building managers, service providers, construction contractors, consultants, local authorities and housing associations must understand their specific duties under the legislation. They should also have clear knowledge of the implications of not ensuring their processes, procedures and people are competent enough to meet the requirements of the Act. Failing to do so puts organisations, citizens and society at significant risk.