The Building Safety Act: A Three-Year Assessment

Three years after the Building Safety Act (April 2022), its aim to enhance building safety and accountability faces complex implementation. While the core principle of shared responsibility is sound, unclear responsibilities persist across much of the industry, hindering full alignment with the Act. Conversely, many organisations have positively embraced their new obligations.

The Gateway process presents the most significant hurdles. Initial imprecise requirements and Building Safety Regulator (BSR) resource constraints have caused substantial delays, impacting project timelines and hindering government objectives for increasing housing supply and stimulating economic activity through infrastructure investment.

Confusion initially surrounded roles, particularly the Principal Designer. Tier One contractors adapted well, updating responsibility matrices and appointments. However, Tier Two contractors and product suppliers have been slower to grasp their legal duties, often continuing with "business as usual" without fully understanding them. Client awareness is mixed, with government bodies and large developers integrating new roles effectively into their procurement processes, while smaller clients often remain unaware of their duties. Similarly, larger product manufacturers now limit advice to tested and standardised details, while smaller ones largely maintain existing information and data management practices.

The Gateway process for high-risk buildings has exposed BSR resource limitations. While Gateway 1 (planning stage) functioned reasonably well, Gateway 2 (pre-construction stage) is a major bottleneck. The long-term impact of Gateway 3 (post-construction sign-off) is yet to be seen. The BSR's initial 12-week approval target has ballooned to between 25 and 40 weeks, causing 12 to 18-month construction delays. Unite, a student housing developer, reported up to six-month delays due to BSR approvals, a foreseen consequence of assessor shortages. The resignation of the BSR's leader and the closure of some private inspectors have worsened the backlog. By June 2023, only 2% of 668 submitted applications were processed on time, with a 40% rejection rate. Limited pre-application advice led to misunderstandings, high rejection rates due to inaccurate information, and increased rework and resubmission.

Acknowledging these issues, the government has merged the BSR with the Office for Product Safety and Standards into a single Construction Regulator. The BSR is actively recruiting additional staff, particularly fire and structural engineers, though a shortage of fire engineers is a significant challenge. The BSR has also pledged clearer guidance on Gateway 2 approval requirements to reduce rejection rates, and the industry continues to advocate for enhanced engagement before applications are submitted.

Despite a gradual sector response and understanding still lagging below desired levels, the Building Safety Act is a positive step for the construction sector. The BSR's operational challenges prompted government intervention to improve processes and fulfil manifesto commitments. While the impact of these changes remains to be seen, progress has undoubtedly been made in the past three years.