Andrew Devoy examines the changes introduced by the Building Safety Act and explores the impact on design and build processes
Established in the aftermath of the Grenfell Tower tragedy, the Building Safety Act 2022 (BSA) has emerged as a landmark piece of legislation with the potential to reshape the way projects approach building safety. While it has been welcomed by the industry, one of the major build and design changes it dictates could have a big impact for developers in England and Wales.
The BSA introduces a stringent regulatory framework designed to enhance building safety standards. Now fully in force, it primarily applies to the design and construction of new high-rise residential buildings.
One of the Act’s key provisions relates to the way that projects are granted planning permission. The introduction of new critical design checkpoints, such as Gateways 2 and 3, is designed to ensure regulatory compliance and safety, but it could have a knock-on impact on the way projects are tendered.
New design planning processes are needed to meet safety regulations
Gateway 2 mandates that construction cannot begin until the Building Safety Regulator (BSR) – part of the Health and Safety Executive – is satisfied that the design meets the functional and safety requirements of the Building Regulations.
Previously, construction in England and Wales could start without full design approval, but this carries a degree of risk that will no longer be allowed. As part of Gateway 2, designs for higher-risk buildings must be submitted to the BSR at an earlier stage of the process.
The new approach obviously brings clear benefits in terms of safety, but it may mean a significant change to the way that contractors are involved in projects. In particular, the option for employing a design and build approach for a fast route to market may need to be reconsidered.
Now, with the new checkpoints in place, there will be a need for developers to engage with contractors and specialists at a much earlier stage to ensure design compliance. Every aspect of fire safety must be detailed, which may, for example, involve sprinkler designers or façade experts to ensure all elements meet the required regulatory standards before work on-site can begin.
Many of these specialisms rest within the supply chain and will require the use of pre-construction services agreements (PCSA). This approach will result in selecting a construction partner earlier, often without the full benefit of tendering.
For developers, it means the process may become less competitive, and they end up with fewer options at the point of being ready to go on-site. While, for contractors, this early commitment of resources may mean they become more selective about the types of projects they want to bid for.
The Building Safety Act will also require a different financial timetable for projects
There is also a financial impact. Full funding for new developments is typically secured after planning permission is granted, but with the BSA’s new checkpoints, there will be additional spend required at the initial design stage. For contractors procured under a design and build form, with plans already set in stone, there will also be fewer opportunities for them to promote alternatives or innovate.
After the build is finished, Gateway 3 is the final approval stage required before a building can be occupied. At this point, the building owner must provide proof to the BSR that all work completed aligns with the design, subject to approved changes, at Gateway 2.
This stage is critical to ensuring that any deviations from the approved plans do not compromise the building’s safety.
It may take some time for the construction industry in England and Wales to fully adapt, but we only need to look north of the border to see that it can be successful.
For contractors, there will be aspects of moving away from the design and build approach to contend with, and for developers, there will be an additional upfront expenditure and design liability to consider. Despite the complexities, the Act’s potential to transform the industry and protect lives is undeniable, and by working collaboratively, we can ensure a safer built environment for all.
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