Building safety regime comes into force

The BSR will now monitor the performance and progress of the industry. The regulator will be able to levy fines and require the alteration or removal of non-compliant work with the extensive enforcement powers granted by the BSA. In some cases, the BSR will be able to prosecute individuals of corporate bodies.

What new legislation has come into force?

The five sets of regulations that have come into effect are:

• The Building Regulations etc. (Amendment) (England) Regulations 2023

• The Building Regulations (Higher-Risk Building Procedures) (England) 2023

• The Building (Approved Inspectors etc. And Review of Decisions) (England) Regulations 2023

• The Higher-Risk Buildings (Management of Safety Risks etc.) (England) Regulations 2023
• The Building Safety Act 2022 (Consequential Amendments etc.) Regulations 2023

You can find out more about these pieces of legislation and what construction professionals should know in this article by a legal expert.

Fire safety regulations

Section 156 of the BSA also came into force yesterday. It introduces a number of changes to the Regulatory Reform (Fire Safety) Order 2005 (FSO) by adding to the existing duties of Responsible Persons.

Under the FSO, the Responsible Person – the person who has control over the premises – is tasked with ensuring that the fire safety assessment for a building is done properly.

Section 156 also introduces new rules about fire safety to ensure that building occupiers receive due and proper fire safety guidance for their buildings.

You can find more about the fire safety regulatory changes here.

Building control approval

In the new building safety regime, developers will need to submit design applications to the BSR before starting work at a new higher-risk building. They will no longer have the option to choose whether they want to use a local authority building control or a private inspector as their building control body since this role will now automatically be undertaken by the BSR.