Government confirms scaffolding is outside the scope of the Building Safety Act
NASC, the UK’s leading trade body for scaffolding and access, has welcomed a significant clarification from the Government confirming that scaffolding and temporary works do not fall within the scope of the Building Safety Act, unless they form a permanent part of the completed building.
The clarification follows representations made by NASC to the Building Safety Regulator (BSR) after the issue was discussed extensively by NASC’s Health and Safety Committee earlier in March. Seeking certainty for members and the wider industry, NASC wrote to the BSR requesting clarification on whether scaffolding and temporary works were considered “building work” under the new regulatory framework.
That clarification has now been provided in a letter from Building Safety Minister Samantha Dixon MP to Lord Roe, Chair of the Building Safety Regulator, dated 15 June 2026.
In the letter, the Minister states:
“The definition of building work was not changed by the Building Safety Act and so if scaffolding and other temporary works did not require oversight from a building control body prior to October 2023, then they do not require the oversight of a building control body after October 2023. This is true in both higher-risk buildings and non-higher-risk buildings.”
The Minister also confirms that the Building Regulations apply only where scaffolding or temporary works are intended to remain permanently attached to a building and become part of the completed structure. In all other cases, temporary works remain outside the scope of Building Control Approval applications and the Part 2A dutyholder requirements introduced by the Building Safety Act.
Commenting on the clarification, Clive Dickin, NASC Group CEO, said:
“This clarification from the Government provides the certainty that our members and the wider construction industry have been seeking since the Building Safety Act came into force. There has been considerable confusion around whether scaffolding and temporary works fell within the remit of the Building Safety Act, leading in some cases to inconsistent procurement requirements and unnecessary compliance requests.
“We welcome the Minister’s confirmation that scaffolding and temporary works are not classed as ‘building work’ unless they form part of the permanent structure. This aligns with the position NASC has consistently advocated following extensive engagement with our Health and Safety Committee, the Building Safety Regulator and industry partners.
“It is important to stress that this clarification does not diminish the importance of competence. The scaffolding sector remains fully committed to maintaining the highest standards of training, safety and professionalism. What this does achieve is ensuring that the legislation is applied as Parliament intended, giving clients, principal contractors and scaffolding specialists greater confidence and consistency in how projects are procured and delivered.”
Legal advice reinforces Government position
The Government’s clarification is supported by independent legal advice commissioned by Build UK from Wedlake Bell LLP.
The advice concludes that while scaffolding and temporary works are recognised within the wider objectives of the Building Safety Act, particularly around raising competence across the construction industry, they are not regulated as “building work” unless they have permanence and form part of the completed structure.
As a result, the statutory dutyholder roles and associated competency requirements set out in Part 2A of the Building Regulations are not directly applicable to scaffolding and temporary works contractors.
Build UK has also confirmed that this clarification will affect parts of the Common Assessment Standard (CAS).
Scaffolding and temporary works contractors should no longer be required to complete the Building Safety section where it relates to the Building Regulations dutyholder regime. However, competence-related questions will continue to form part of the assessment, and Build UK is working with industry partners to update the Standard. Details of the revised arrangements will be published once agreed.
Supporting industry with clear guidance
NASC will shortly publish further guidance for members, together with a supporting letter that contractors can share with clients and procuring organisations.
The guidance will help ensure procurement practices accurately reflect the Government’s position and avoid unnecessary or inappropriate requests for compliance with the Building Safety Act that do not apply to scaffolding and temporary works.
This clarification provides much-needed certainty for clients, principal contractors and scaffolding specialists alike, helping ensure the Building Safety Act is implemented consistently while maintaining the industry’s ongoing commitment to competence, safe working practices and high standards across the sector.
