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In the wake of the post-Grenfell landscape, the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and the Building Regulations etc (Amendment) (England Regulations 2023) have ushered in a transformative era for higher-risk buildings (HRBs). These regulations, stemming from the Building Safety Act 2022, introduce a paradigm shift in how the construction industry approaches project delivery and management.

The applicability of the new regime centers around HRBs, defined as buildings at least 18 meters high, seven stories with at least two residential units, care homes, or hospitals meeting the height requirement. Military barracks are set to be included, expanding the scope. The regime encompasses new HRB constructions, modifications leading to HRB status, or changes in use resulting in HRB classification.

A critical aspect of the changes lies in the dutyholder provisions, impacting all building works, not just HRBs. Dutyholders, including the client, principal designer, and contractors, face heightened accountability throughout a project’s lifecycle. Competency and cooperation among dutyholders are emphasized, reflecting a shift towards self-responsibility for compliance with Building Regulations.

Two pivotal gateways, Gateway 2 and Gateway 3, act as hard stops in the building control process. Gateway 2 requires the submission of an application for building control approval before commencing HRB work. Construction initiation hinges on regulator approval, fulfillment of specified requirements, and notifying the start date. Gateway 3 ensures post-construction compliance, mandating an application for a completion certificate before occupation. This marks a departure from the former regime, emphasizing self-certification and compliance.

Insights into the new regime highlight the need for thorough contract reviews, considering potential delays at gateways, liability for regulatory delays, and effective management of change. Supply chain contracts should align to mitigate risks effectively. Engaging with professional indemnity insurers to communicate compliance steps is advised, potentially influencing the risk profile positively.
source: Safety and risk post-Grenfell | Feature | Law Gazette

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