The UK Building Safety Act: Secondary Legislation

The UK Building Safety Act: Secondary Legislation – How does it affect Scaffolding contractors and how can NASC membership support you? 

 

The UK Building Safety Act: Secondary Legislation is a new law that aims to improve the safety and quality of buildings in the UK, especially high-rise residential buildings, which are classified as higher-risk buildings (HRBs). The act introduces new roles and responsibilities for building owners, managers, designers, contractors and regulators, as well as new standards and regulations for building products and materials. 

Scaffolding contractors are among the key stakeholders who will be affected by the act, as they will have to comply with the new requirements and demonstrate their competence and performance. Some of the main implications for scaffolding contractors are: 

 

The BSA also requires the government to issue secondary legislation, which are detailed rules and regulations that supplement the main provisions of the BSA. The government has published a list of the secondary legislation that it intends to make under the BSA, which covers various aspects of the new regime, such as: 

• The descriptions and registration of HRBs 
• The roles and responsibilities of the duty holders and accountable persons for HRBs 
• The procedures and standards for planning, design, construction and management of HRBs 

• The information and documentation requirements for HRBs 
• The enforcement and sanctions for non-compliance with the BSA 
• The leaseholder protections and remediation costs for HRBs 
• The amendments to the Architects Act 1997 and the Construction Products Regulations 2013 

 

The secondary legislation is expected to be laid before Parliament in stages, starting from late 2022 to early 2023. Some of the secondary legislation will come into force immediately, while others will have a transitional period to allow the industry and stakeholders to prepare for the changes. 

How do these changes affect Scaffolding Contractors? 

Scaffolding contractors are among the key players in the construction and maintenance of buildings, especially HRBs. They will need to be aware of the implications of the BSA and its secondary legislation for their business operations and practices. Some of the potential impacts are: 

The BSA and its secondary legislation affect scaffolding contractors in the following ways: 

• They have to follow the new duty holder regime for HRBs, which assigns specific roles and responsibilities to different parties involved in the building lifecycle. 

• Obtain a gateway permission from the Building Safety Regulator (BSR) before starting any work on a HRB, follow the golden thread of information, apply the building safety charge, and participate in regular safety case reviews and inspections by the BSR. 
• Update their skills and qualifications to meet the new requirements for HRBs, such as having a valid Responsible Actors Scheme (RAS), membership and using compliant construction products. NASC members have access to the latest versions of SG4:22 and TG20:21, which are the industry-recognised standards for safe scaffolding erection and use. 
• Be prepared and aware of the new enforcement and sanctions regime for HRBs, which include civil penalties, criminal offences, notices, emergency measures and revocation of gateway permissions. They also must be aware of their potential liabilities and rights under the leaseholder protections scheme. 

 

The BSA and its secondary legislation represent a significant overhaul of the building safety system in England. Scaffolding contractors face a considerable challenge as they must acquaint themselves with the new regulations and take the necessary steps to ensure compliance. 

This is where NASC membership can really make a difference; By providing members first access to changes in industry regulation guidance, we then work with our members to provide them with the resources and support they need to meet these, including, access to training grants, legal and HR counsel, proof of auditing and a wealth of educational resources. NASC members not only feel assured they have the resources and support to remain compliant but stand out as reliable, quality contractors to clients.