In the last 18 months, the building control sector has experienced significant changes following the tragic Grenfell Tower disaster. However, amidst these transformations, several crucial legislative updates have gone unnoticed. Many stakeholders, including landlords and tenants, may not be fully aware of their legal rights and obligations or where to find essential information.

The Building Safety Act 2022 (BSA) Control Requirements

Expected to be fully operational by April 2024, the Building Safety Act 2022 (BSA) mandates owners of residential buildings exceeding 18 meters in height or at least seven floors to register their properties with a Building Safety Regulator (BSR) by October 2024. Failure to register on time constitutes an offense. The term ‘building owner’ encompasses individuals holding superior leases of buildings, including landlords and freeholders.

With over 4,500 building control professionals in England and Wales, all must undergo assessment and certification by April 2024 to become registered building inspectors in compliance with the BSA. Failure to do so will prohibit individuals from working in Building Control in England. Subsequent evaluations against the Building Inspector Competence Framework (BICoF) will occur every two to four years.

The Implications of Grenfell on Cladding Requirements

Grenfell’s impact extends beyond cladding issues to long-term enhancements in building control, positioning building control as a heavily regulated sector.

Significant changes affecting leaseholders relate to developments in cladding requirements. The Department for Levelling Up, Housing & Communities, in a letter dated January 30, 2023, stipulated that developers of residential buildings exceeding 11 meters in height, developed or refurbished within the last 30 years, must sign the remediation contract by March 13, 2023. As of June 26, 2023, 49 developers have complied.

Developers committing to the Responsible Actors Scheme (RAS) undertake to remediate or finance the remediation of life-critical fire defects in qualifying buildings. Failure to commit excludes developers from the RAS, prohibiting them from usual market activities. Non-compliant developers may face prohibitions, with the Secretary of State empowered to block developments and building control approvals.

Financial Responsibility for Cladding Remediation

Qualifying leaseholders in residential buildings over 11 meters or five storeys tall, with existing leases as of February 14, 2022, are shielded from remediation costs for unsafe cladding systems. Councils and housing associations can access government funding for remediation of buildings over 18 meters tall, irrespective of Aluminium Composite Material (ACM) cladding presence.

For leaseholders in private buildings, the government or developers cover the costs of remediating cladding defects. The government publishes monthly progress reports, indicating substantial progress in cladding remediation.

Building Owner Obligations

Building owners are obligated to register properties with the BSR and protect leaseholders from bearing remediation costs for historic safety defects, including unsafe fire doors. Affiliation with developers may render building owners responsible for both cladding and non-cladding defect remediation.

The ‘relevant building’ and ‘relevant defect’ criteria determine owners’ obligations. Failure to fulfill obligations may result in remediation orders enforceable by the county court.

In conclusion, the Building Safety Act 2022 introduces stringent requirements aimed at enhancing building safety and protecting stakeholders. Understanding these regulations is crucial for all parties involved in the construction and management of residential buildings.