Understanding Building Safety Act secondary legislation

by Dr Melanie Robinson | October 6, 2023 | 3 min read

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In August the UK Government released details of further secondary legislation relating to the Building Safety Act – critical legislation that continues the work implementing the recommendations arising from the Hackitt Report: Building a Safer Future.

The Building Safety Act 2022 (Consequential Amendments etc) Regulations 2023, amends the Building Control terminology in preparation for a new regime for higher risk buildings, which came  into force from 1 October 2023.

The primary focus of the amends are to the new role played by building control, replacing references to the depositing of plans when making an application for building control approval.

The legislation notes that these transitional provisions “do not affect building work for which a notice is given or plans are deposited under section 16 of the Building Act 1984 before 1st October 2023.”

The amends also reflect that the Building Safety Act 2022 transfers procedures for appeals under the Building Act 1984 from the magistrates’ court to the to the First-tier Tribunal.

In addition, the legislation put forward refers to the Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023. These make largely administrative provisions in relation to the management of safety risks in higher risk buildings and are applicable in England only.

These provisions relate to the duties of to the Building Safety Regulator, the Accountable Person(s) and residents of these buildings.

All of the above legislative changes will be discussed in the BIM Academy virtual event on Wednesday 11 October, at 12.00noon BST. When Dr Melanie Robinson will be asking a panel of building safety and information management experts what are the obligations for building owners, as well as what is required of other actors within the supply chain from manufacturers and designers, engineers and contractors, to Facilities Managers under this new secondary legislation.

Melanie said: “Failure to comply with the regulatory requirements of the Building Safety Act in England can result in serious penalties. Now that we have sight of the secondary legislation and the changes to Building Regulations, we need to focus on the actions building owners and operators need to take right now and more importantly why these are now a legal requirement.”

To find out more about new secondary legislation join Melanie live on LinkedIn, together with Dr Graham Kelly, Managing Director, BIM Academy, Allan Binns, Safety Director, Ryder Architecture, Paul Nash, Director, Paul Nash Consultancy, Aman Sharma, CEO, Totus Digital and Sofie Hooper, Head of Policy and Research, Institute of Workplace and Facilities Management. Registration is quick, simply sign up for free on this event link.

About the author

Dr Melanie Robinson

Associate, BIM Academy

Melanie is an Associate at BIM Academy, specialising in building information modelling (BIM) and information management according to ISO 19650.

Melanie manages several projects across multiple sectors globally, and works closely with international clients to develop digital strategies for project and asset management.

Melanie’s specialisms include change management, standardisation and digital collaboration, and she acts as a Regional Lead for Women in BIM (WIB).

Melanie holds a PhD from Edinburgh Napier University (ENU) which looked into the micro-level factors to an effective macro-level diffusion of BIM, including the gap between perceived and actual efficacy of BIM understanding and skills. She is also an award-winning graduate of ENU’s Architectural Technology programme, having obtained a first-class Honours degree in 2015.

Melanie Robinson