Three years on from the Building Safety Act being receiving Royal Assent, the built environment industry is still contending with the changes.
With a response due from the government this month to the recommendations from the Grenfell Tower Inquiry 2 report, Thrings’ Head of Construction Natalia Sokolov takes a look at what is on the horizon.
What is the Building Safety Act?
The legislation created a new regulatory regime and new regulatory bodies, including the Building Safety Regulator (BSR), with the intention of improving accountability, risk management and safety throughout the operating life of a building – the government’s response to the Grenfell Tower fire in 2017.
The Act featured a number of complex aspects and defects with a raft of secondary legislation and guidance being released.
Work to correct the failings in the industry is still gathering momentum with government data confirming more than 5,000 residential buildings over 11metres high still have unsafe cladding, with 47% of relevant buildings having at least started remediation works and only 29% having seen works completed.
What will happen in 2025?
Here is a summary of the key points to look out for this year:
The Remediation Bill
New legislation is expected to come into force this Summer, implementing the recommendations of the government’s Remediation Acceleration Plan (RAP) which was published in December 2024.
This plan intends to remediate buildings taller than 11m faster and with clearer timescales, to identify buildings over that same height with unsafe cladding over, and also to support residents.
The proposed legislation would look to cover:
- Better enforcement: Give regulators additional powers of enforcement particularly around failure to remove unsafe cladding. The new cladding remediation deadline will be the end of 2029 for buildings 18m+ in a government funded scheme. There is also a longer-term strategy for accelerating remediation of social housing properties in Spring 2025;
- Increased registration: Expand the registration requirements to include 11m+ residential buildings. This will create a complete register of relevant buildings making identification of those unsafe easier to achieve;
- Levy: A new Building Safety Levy will be introduced in Autumn 2025, aiming to force developers to pay the cost of remediating defects in pre-existing residential developments by paying a levy prior to being issued a building control certificate. This includes replacement of cladding. Leaseholders are not expected to bear the burden of remediation. It is expected that all residential developments with 10 or more plots/bed units will be caught by the levy (subject to as-yet unconfirmed exclusions such as hospitals and barracks). The levy will raise approximately £3.4bn over 10 years for remediation, with the rate yet to be announced.
- Product standards: A new Construction Products Standard is likely to be published in 2025 enabling the government to take action against construction product manufacturers. A Green Paper has been issued setting out the proposals for wide reforms in this sector for consultation between 2025 and 2026. Legislation is then expected some time between 2026 and 2028 to create a single regulated framework.
- Increased duties: From 2 March 2025, changes are being introduced to bolster fire safety with increased duties for principal contractors, including keeping records and performance requirements. The Government agrees that there should be a licensing scheme for contractors wishing to work on higher-risk buildings. Principal designers will be required to sign a declaration that they have complied with their duties, including in relating to the Building Regulations 2010. This forms part of the building control approval stage of the project, and can hold up approval and final certificates being issued.
Higher risk building definition
Changes are already afoot to amend the definition of “higher-risk building”, as recommended by the Grenfell report. Reference only to “height” is no longer satisfactory. More relevant is the nature of its use, any vulnerable people for whom evacuation due to a fire would prove difficult for example.
Queries have arisen as to what counts as a “storey” of a building for the purposes of the definition, most recently in Smoke House & Curing House case concerning a roof terrace and garden. The definition is being reviewed urgently following the final Grenfell report published in September 2024.
Building Assessment Certificates
The role of the new Building Safety Regulator is, amongst other things, to ensure that the Principal Accountable Persons and Accountable Persons are managing relevant risks and working to keep residents safe in a registered building.
If the requirements are met, the Regulator will issue a Building Assessment Certificate where an application has been filed for one. This gives transparency over the building’s safety status, any hazards, mitigation and reassurance to residents particularly of high-rise buildings, or those clad with combustible materials/certain historic panel systems.
The Building Assessment Certification is likely to become a standard part of the conveyancing process for higher-risk buildings. This is in addition to the leaseholder and landlord certificates that confirm the qualifying status of a lease for service charge caps.
Second staircase
From 30 September 2026, there will be a new requirement for a second staircase in flats over 18m. This will need to be included in the planning stages of any new buildings with this requirement in mind.
Thrings’ Construction and Engineering lawyers are well versed in advising those in the construction and real estate industry in navigating ever-changing regulation, with expertise in supporting clients with property portfolios, investment and transactions. For more information, get in contact today.
