BYTNAR - TALKS
EPISODE: 039 - BUILDING SAFETY ACT
This episode is for people who want to know more about the Building Safety Act.
You should like this episode if you ask yourself questions like:
What is the Building Safety Act 2022 and how does it affect the construction industry?
How does the "golden thread" digital record impact building safety compliance?
What are the new high-risk building (HRB) criteria under the Building Safety Act?
What are the Building Safety Act gateways, and what do they mean for construction projects?
How does the Building Safety Regulator ensure compliance with the new safety standards?
What protections does the Building Safety Act offer for leaseholders against cladding costs?
What changes have been made to accountability for developers and contractors in the UK construction industry?
Why is competence now a critical requirement for construction professionals under the Building Safety Act?
How does the Building Safety Act address fire safety and structural integrity for high-risk buildings?
This is Bytnar Talks the Engineer Takes on Construction Episode 39 Hi I'm Piotr Bytnar each day I help my clients plan and design building projects through Bytnar limited a Consulting Chartered Structural Engineers practice my biggest passion and the cornerstone on which I've built my business is finding clever solutions for construction projects I am a chartered structural engineer and a budding software developer so you can rest assured that I will strive to talk about the best practices and the use of new technologies in the industry and if you're embarking on a construction project or are involved in planning designing and building the world around us you'll find this podcast useful. building safety act hi guys and welcome to bitn talks your favorite podcast on all matters of architecture engineering and construction it is Thursday the 12th of December 2024 and I'm here back with you with the 39th episode and information on building safety act Can You Feel It in the Air the warm smell of a turkey tofu cop or whatever else you stuff yourself with during Christmas I certainly can this is the 39th episode of the podcast I cannot believe that it was nearly a year ago when I decided this is it I will not get good in talking about things that matter to me the most and I will not be able to reach more people out there with content that will hopefully help people understand the increasingly comp licated world of construction without actually doing it so I went and started the intro to this episode is still the original very echoey recording I did that in a very small room with nearly no furniture so all of that rev vibration comes from that recording at the side of the everyday life and operating of a business isn't for the fainthearted but it is a brilliant way to make your thoughts more organized and think about the topics in more detailed way the act of formulating a thought that will hopefully reev rate riate with the audience is a great personal improvement tool and this is how I see it it definitely became easier during this year to deliver this episode for you but but there is still a long way to go to make it in a format more palatable and easier to digest bear with me though I'm not stopping yet the incremental Improvement is the name of the game and I hope you will see this happening in the coming year I still have one more episode planned for this year though to close it on an even number of 40 so the year does not end for me just yet I will record the last episode in the same echoey place I've recorded the first to give it a nice closure but right now let's get to the matters at hand and it is a big one the building safety act so without further Ado let's dive straight into this the building safety act is the foundation shaking change of the construction and asset management industry I think I'll start strong with the question we hopefully have an answer to by the end of the episode and the question is have the industry finally agreed that there are no winners in racing to the bottom and are the days of risk dumping over or is the act another toless consultant coffers and reaching legislation interesting question isn't it and hopefully this episode will answer answer this question for you or maybe bring some more question about this episode will give you a broad brush no BS Overlook at the current state of the Affairs within the industry reminding you about the main changes that came to full force this year closing with a crystal bow look at what to expect in future so let's have a look into the NR of this proposal if you are in the construction industry you will most likely share the feeling of a change but when you look at the industry from the outside you will see organ ations trying to make sense of the new requirements to remain in the game or try to pretend their competence to get a competitive Advantage the fact of the matter is neither the legislature and the bodies that it created nor the industry itself or the participants have done this previously so we are all going through the hurdles of a steep learning curve and as much as we made this like the process and waste it generates now there is no turning back I think everyone knows what what's the reason behind the ACT but let's just get get a little rewinder here for the past 40 years since the introduction of the building act 1984 things started to look a little bit different in the world of construction in Britain we changed from the world of prescribed way of doing things to a sudden shift in the culture to a consultant making sense of the building regulations 1985 ever since the state of confusion and opportunism prevailed through the pigs down snodland and Woodlands throughout the country the market was all of a sudden basically open open for anyone to deliver construction projects with the caveat of meeting the approved documents which by definition were were just an interpretation of the building regulation and actually they still just are they are not binding but they are the only way the building Control Officers or as they are called now the building control approvers in England can justify their actions so grew a culture of lack of project definition as the project could go through the legislative process with a minimum of information and making work happen as the building was constructed this unfortunately culminated in the tragic events of the night of 14th June 2017 when 53 adults and 19 children lost their lives due to the incompetence greed and complacency of people in involved in design specification approval and construction of the envelope Improvement works the tragic events that engulfed greld Tower were a trigger to a change and that change came in the new legislation called the building safety act 2022 the building safety act has an overarching and overreaching impact on the existing legislation I will attempt to give you the biggest changes if I missed anything here please do not hold it against me but let me know what else you would like to include that maybe I can concentrate more on it in future episodes or address it in a post on LinkedIn starting with the big guns here the the influence on the primary legislation which is building act 198 4 which was which is now amended health and safety at work etc act 1974 defective premises act 1972 Housing Act 2004 and Landlord and Tenant Act 1985 that's for primary legislation the secondary legislation was impacted also so we have new additions to building regulations 2010 fire safety England regulations 2022 and regulation regulatory reform fire safety order 2005 it's worth also to mention that the the were some changes in the leas holder reform legislation where where leis holders were often left hold in the bug when it came to paying for clading removal and other safety fixes the building safety act now brought in measures to C their liabilities and make developers and owners shoulder more of that cost there are also changes to the Town and Country planning act 1990 where gatway one was introduced now this legislative changes brought with them some changes there are strict stricter accountability criteria for design construction and oper operation of buildings developers contractors and landlords face increased liability with longer limitation Peri periods for claims against them up to 30 years retrospectively for the projects be begun or completed before the the come into force of the ACT but 15 years for the new build there are Financial burdens related to remediation which has now been shifting from list holders that I just mentioned safety standards have improved with the addition of building safety regulator and classification of building control approval approvers we see an enhanced regulations for fire safety and structural Integrity particularly for higher risk and multi occupancy buildings the idea of this new oversight mechanism is to prevent strategies similar to the Granda we now have empowered regulatory framework that establishes mechanism to penalize non-compliance more effectively things like lapsing of building approvals if work is not initiated initiated within specified timelines the list holder protection now CS the liability to 10,000 generally and 15,000 in London and the repayment periods goes over 10 year 10 year period right now for cost related to building safety measures shielding shielding leeh holders from disproportionate disproportionate Financial impacts we are now forced to do to be digitally compliant to have digitally compliant record about what we do and that's mandated in a golden thread which tells us to maintain digital record for the building safety design and and construction details and then further operation of it the ACT creates new roles these are the building safety regulator which is tasked with enforcing new building safety requirements overseeing the safety of high risk buildings and providing guidance to duty holders there are new individual Duty hold holders and uncountable persons who need to deal with the assigned responsibility for ensuring compliance with the fire and structural safety during design construction and occupation phases of the building these include roles like building managers or owners who must engage proactively with safety requirements resident engagement is now mandatory new roles are created for engaging residents in the safety management process this way we can foster transparency about safety risk and measures taken between the owners or asset operators and the actual building users there are new requirements to think about especially when the building is in hrb high risk building criteria attract additional requirements there are Provisions for the mandatory safety certificates which regular safety certifications for high-risk buildings to ensure ongoing compliance with updated safety standards and updating safety record for any changes that the building under goes throughout its lifetime there are remediation obligations leg legal requirements for responsible parties to find and complete remediation of unsafe clouding or other defects the building approvals and planning is more detailed now the are stricta controls on building approvals ensuring that all new developments meet safety requirements before construction begins there's also a big push into digital information management introd introduction of the golden thread requires a comprehensive and accessible digital record of building safety information throughout its lifetime I repeat it again cuz that permeates throughout the whole the whole idea of the the whole thing that the ACT brings the building safety act applies to all buildings that fall under the primary legislation considerations but what is the higher risk building where those considerations are enhanced when when you think about hrb the higher risk building we think about seven stories or 18 m to the ground measured from the ground to the finished floor level with at least two residential units residential units when we when we talk about residential units we think flats or or living units but not the ones that come under the consideration of institutional or business use buildings like hospitals hotels Barracks military Barracks although they could be considered as living accommodation that they aren't here alas but maybe future in future cases they will be they could be considered if there are two two residential units that are separate so mixed type of builds do fall under this consideration the Golden Threads is simply put a digital record of the building from Cradle to grave there there is is a now now a big race in how to make this digital digitally feasible and it shows points of contention but we are on the right track I believe there will be some years before we will have a good workflow in but and similar unified across across all of the stages of design build and then asset management but I think we'll get there eventually the biggest problems are the differences of the requirements and need of information for at different stages of the building creation and operation you know you need different information for the design different for builds it may vary as build and then again it may vary again when when the building is alive and then undergo some changes or maintenance now gatways have been introduced to control the proc a little bit more for the higher higher risk buildings and and simply put these are checkpoints to assure the building is well thought through from the concept down to down to completion there is a gateway one which is basically that that impact I've told you earlier about at the planning planning stages of things it is at the concept at the the planning and and it's not mandated within the bill but it is required that a highrisk building is thought about from the holistically from the perspective of fire safety even before the planning is granted so you see we approach the building building fire safety from the word go not trying to address it later on gatway to is the stage where would we normally consider it as full plans approval stage where the building design needs to be approached holistically approved and it should be shown that appropriate Provisions for quality assurance are in place for the works before the works can commence gateaway three is the last stage here where we need to prove of compliance of as buil building and his digital record needs approval before the building can be registered with the building safety regulator and that registration is needed prior to the occupation of this building now it's a very important thing here and and it and it's being talked and discussed right left and center and that is competence it hasn't been yet defined in 100% Al there are some some directions there made by the institutions and and standard documentation but before it is in the legislation it's still not that that really meaningful but in anyway the comp competence it is simply the requirement for those appointed to work on a higher risk project to have the relevant skill knowledge experience and behaviors necessary to undertake the role now this statement you can see it almost everywhere and most of the good designers will have skill knowledge and behaviors but the experience well we've seen by the by by by where the the actual industry is we can tell that whatever experience we got to that point is worth nothing is basically a bad experience it's experience of of pushy the exper of of trying to deliver buildings not holistically not approaching them holistically and and safely in most cases so experience is a tricky one here and I'd say you can gain the experience if you have enough skill and you have the right Behavior the right culture and the right approach to the matter at hand you see most of the buildings are pretty much the same but different and try trying to think that every single one is is something completely different I don't think is a healthy approach here the industry showed you know that that currently no one has the experience but that can be carefully gained if the right skill knowledge and behaviors are in place there are past 8671 documents issued to give some guidance in this regard and the competence applies to the duty holders the principle designers principal contractors designers contractors building control professionals and persons responsible for building in occupation interestingly we are within this documents then sent further to BS 8670 standard where we can get more directions unfortunately the standard is £430 so for small designers it may not be the most appealing Prospect so much for the dissemination of knowledge in the spirit of increased safety right well someone needs to make the money on it don't they and we know who that is anyway we drive the profession as professionals and we need to upkeep those standard in the gist we need to know the legislation how to apply it and how to control the design and construction process and they then asset management process if we're competent in doing it we know what we're doing we know what we don't know but then we can obviously research and and gain that experience during any type of project then we are on we are on the safe side on the other hand if we are ignorant about all of that and they just trying to push information through well then it speaks for itself doesn't it perhaps that is why most of the BSR applications are rejected or or delayed or they are delayed quite quite severely well all that is good all that change is good but what can we expect next what do you think the there is still a period of ongoing concern surrounding the actual execution of the golden thread and competence of all parties involved to coordinate and maintain the information as I just mentioned it's all about the behavioral skill knowledge and behavioral approach experience I think it should be it should be taken out of the equation we already have a lot of people with bad experience and that's proven and that end up with brenell Tower happening so let's let's just take that one out the institutions and and businesses and llers they they are sort of they got used to for the past 4 40 years to the idea that you can keep on pushing the information through the systems and it will eventually go through and it seems to be the same approach all over again not not through everyone but most most try this approach and yeah we we have quite big quite big delays right now right now with all of the processes not to mention the the lack of great communication between the building safety regulator and the actual industry that's quite complicated too and not everyone know where to look for the information it's is not not greatly communicated but but we get in there and eventually it it it will be it will be a breeze it will be something that we just do on a daily basis so going back to the the execution of the golden thread and that competence of all parties involved in the coordination and and maintenance of the information that's that's that's the important part here that that information and we need to unify it obviously we got our cor bees and beam standards and and housing standards and all of them may be a little bit tricky to all put together but yeah there is a great push to to be able to have this accomplished by by the use of the technology and it does look a little bit like the world of Structural Engineering when we we when we get to the to the C assisted and software assisted design processes where we manage to to let simply let graduate do the work with the aid of the software but in the safety of Structural Engineering practices there is always someone to overlook Overlook such on but on the other hand can we really rely on on such oversight on the other actors that that they will use software that will show compliance that will actually be compliant in in in the respect of the of the golden thread and that's a little bit doubtful isn't it we have learned from the past that the the free market pushes for the best return so the apparent competence gained in the software with a lack of oversight may lead to another tra tragedy on the other hand there are voices that would like to push for the licensing licensing of Builders the designers and project managers is this is this a viable solution Perhaps it is if aided with digital records such licensed individuals could assure the truth behind the record provided by less competent individuals and if that won't be the case we we will be building a lot less as licensing will remove many players from the game as it did with the approved building inspectors I am hopeful for the tomorrow for me this legislation gives arguments I can use whenever I am dealing with new clients as previously the sort of the sort of arguments were falling on Flat ear so this is it folks the building safety act in its full Glory what do you think has it been a great disruptor where you work have you changed your approach yet or still pretend nothing is going on around you whatever your approach it is the changes are here to stay and I trust this is the final needed push for the digit digitalization of the architectural engineering and construction as well as asent management industry I will now spend some time digesting the seven volumes of grfl tower inquiry to to bring you the lesson learned poters and thoughts to digest before the year closes and fireworks should signaling the end of an amazing year I hope you enjoyed this episode if you have any questions reach out to me on LinkedIn or send me an email I'm more than happy to help you out in BNA we deal with planning designing and managing of your projects and we are always glad to facilitate a free initial consultation to steer you in the right direction visit www.b now.co and reach out to us whether your question is if we can help you with your project or what should I do we will be able to give you a piece of no obligatory advice at BNA we help our clients design and execute their dream homes or in Investments projects if your building is falling apart we can help also investigate the reasons behind it and to provide you with an appropriate strategy design and specifications for the repair thank you again for listening please voice up your opinions I'm waiting for you on LinkedIn and I want to hear from you see you next week Bytnar Designs The World Around You, Toodloo!
Piotr Bytnar BEng (Hons) MSc CEng MIStructE
Chartered Structural Engineer who deals with the Architecture of buildings. His Master's Studies led him to an in-depth understanding of risk and contract arrangements in construction as well as specialist knowledge in soil mechanics.
He and his team help homeowners and property developers to design and deliver construction projects reducing waste in time and the cost. He believes that the construction project is an iterative process that can be well managed and it is best managed if all the aspects of the project definition and management are dealt with in-house or coordinated by one organisation. His team works to all stages of RIBA and ISTRUCTE stages of work and enables contractors to deliver projects on-site providing risk evaluations, methodologies for execution of works and temporary works designs.
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