The Building Safety Act 2022 – where are we and why is competency so important?

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David BarnesBy David Barnes

Acting head of policy and public affairs, Chartered Institute of Building

 

 

 

As we approach the second anniversary of the Building Safety Act 2022 coming into force, we look at the Building Safety Regulator’s (BSR) key milestones for 2024 and beyond, as well as some of the key dates the housing sector and wider built environment sector must prepare for.

In late 2023, the BSR set out its strategic plan for 2023-2026 to drive positive change for building safety in England. It aims to do this by setting a roadmap for change through three main stages:
year one (April 2023-March 2024) – implementation; year two (April 2024-March 2025) – consolidation; year three (April 2025-March 2026) – steady state.

The ‘implementation phase’ focused primarily on putting the new regime in place and ensuring duty holders are aware of their new responsibilities, it also includes the publication of a register of higher-risk buildings (HRBs).

Alongside this register, the BSR has also made it clear that those living in HRBs in England should be given the necessary assurance and protections about safety decisions that affect them, as well as providing clear processes for reporting safety concerns.

Further, the act has also sought to improve consumer protections in the new build market through the advent of the New Homes Ombudsman as well as the New Homes Quality Board.

April 2024 focuses on the ‘consolidation phase’, which includes further guidance and insight to support industry stakeholders to develop a collective understanding about the new building regime. Most notably, it was expected to be an important month for the building control profession.

One of the most significant changes has been for building control professionals to be assessed, certified and registered with the BSR to become registered building control approvers (RBCAs), which replaces privately approved inspectors.

In England, 6 April 2024 was expected to be the mandatory date for registration of building control inspectors and approvers. However, following campaigning from built environment bodies, such as Local Authority Building Control (LABC), the BSR extended the deadline until 6 July 2024. But building control professionals in England were still required to register with the BSR on or before 6 April.

In Wales, the original date for registration was also 6 April, but the Welsh government has also recently extended the deadline for registration to 1 October 2024.

The delay enables more time for the building control profession to undertake the necessary competence assessments. The BSR estimates there are around 4,500 building control professionals in the UK and, according to the latest figures, around 3,261 professionals have started their applications to register.

“One of the most significant changes has been for building control professionals to be assessed, certified and registered with the BSR to become registered building control approvers (RBCAs), which replaces privately approved inspectors”

Demonstrating competency is now a legal requirement for the new dutyholder roles of the Building Safety Act. Last year’s amendments to the building regulations mean that, as of October 2023, anyone carrying out the new dutyholder roles of principal contractor and principal designer on construction projects must demonstrate their competence.

Importantly, enhancing the competency of those working in the sector will lead to likely improvements in the delivery and quality of housing stock.

The CIOB Principal Contractor Competency Certification Scheme (PCCCS) is a competence-based validation of a person’s skills to carry out the new dutyholder role of principal contractor under the building safety legislation and doesn’t relate to the historic role under CDM regulations.

The scheme has two categories: one covers all buildings excluding HRBs and the other is for all buildings.

Candidates need to be a member of CIOB or another professional body that holds them to a code of ethics, and have three years of experience.

Further information on the PCCCS can be found here: www.ciob.org/learning/specialist-certification.

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