LSFA Host Debate on the Implications of New Safety Legislation
Claimed to be the biggest change in over 40 years, the new Building Safety Act came into force with little fanfare – creating barely a ripple across the construction landscape.
But the significance of this legislation was not lost on the Light Steel Frame Association (LSFA) which hosted a roundtable event to debate the implications of the secondary legislation. A specially invited group of legal professionals, construction consultants and light steel framing experts gathered in Birmingham for a lively discussion around the implications of the Act and the challenges of implementing it.
Building a Safer Future
With far reaching consequences, on 14 June 2017 a high-rise fire broke out at Grenfell Tower in North Kensington, West London – one of the UK’s most devastating modern disasters. In addition to the public inquiry, the government commissioned an independent review of building regulations and fire safety. Coming in the wake of the Hackitt Review ‘Building a Safer Future’ and receiving Royal Assent on 28 April 2022, the Building Safety Act covers a raft of changes introducing new duties for the management of fire and safety in high-rise residential buildings. These include a new system of accountability for safety in projects and a refreshed regulatory framework. The Act also has wider implications across all construction sectors.
The Building Safety Regulator (BSR) based within the Health and Safety Executive, became operational from 01 April 2023 and the principal accountable person (legally responsible for the structure and exterior of the building) has been required to register high-rise residential buildings from that date.
The overhaul of regulations will require building owners to demonstrate safety at each of three new ‘gateways’ – planning and design, construction and occupation. Compliance will be monitored by the Building Safety Regulator with significant powers to demand documents and to stop works, and a new National Regulator for Construction Products with the power to remove dangerous products.
On 01 October 2023, the secondary legislation needed to support the practical implementation of the Building Safety Act came into force to help ensure responsible parties operate within the law. The Building Safety Regulator will now monitor the construction industry and will be able to impose fines, order alterations or the removal of non-compliant work. The extensive enforcement powers granted by the Building Safety Act means the Buildings Safety Regulator has the power to prosecute individuals of corporate bodies.
Imperative for Change
Roundtable facilitator, Darren Richards explained how the LSFA is helping members to understand that the Building Safety Act will change the construction landscape significantly. Through issuing initial guidance and further information highlighting the implications of the secondary legislation, the LSFA is helping members to understand their obligations.
Kicking off proceedings, Darren asked: “Is the industry prepared for the new era?” The legal experts were the first to step forward with Victoria Ball, Partner at Trowers & Hamlins and Birmingham lead of the project and construction team, responding: “We are just starting to see an increase in requests for contractual advice but there is a lot of uncertainty around how it will play out for contractors getting through the gateways to achieve a legally occupied building.”
Farah Bandali, Legal Director specialising in real estate disputes at Shakespeare Martineau, supported this comment adding: “We are just receiving requests for awareness training, there is definitely more tension around the BSA – everyone is concerned about safety and rightly so but typically unsure what to do to meet their obligations. I can certainly see potential disputes on the horizon but until it starts to play out, many are failing to acknowledge the implications.”
“Designers, contractors and clients have a lot of work to do to get across the detail,” added Tim Sims, Partner at Rider Levett Bucknall and lead of the Midlands Building Safety Fire Team. “On the regulatory side, we are getting teams together to ensure we have the right competencies to advise our construction clients as the levels of enquiries increase.”
Andrew Way, Associate Director at the Steel Construction Institute (SCI) also expressed concern: “The lack of technical engineering enquiries the SCI is receiving is certainly not at the levels we were expecting. The light steel frame manufacturing sector is well advanced, with checks and balances in place. I firmly believe the certainty surrounding offsite construction, will meet the demands of regulatory requirements and offer greater opportunities for the industry.”
Collaborative Action
Roundtable debates can expose a divergence of opinions but throughout the two-hour discussion, there was consensus around the table. Universally the light steel frame manufacturers, engineers and technology leads, welcomed the legislation.
Darren Richards then asked: “What can the LSFA and its members do to support construction clients in meeting the requirements of the Building Safety Act?”
“There is a particular focus on record keeping, meeting the requirements of a ‘golden thread’ of information, documenting every construction project,” responded Matthew Grant, Head of Technical Development at Intrastack, part of Saint Gobain. “This is a particular strength of Intrastack and the digital savvy light steel frame sector. We are well prepared.”
“This is seen as a positive step forward which will mark a differentiation between manufacturers with and without test data,” added Ben Towe, Group Managing Director at Hadley Group. “This legislation will reinforce the importance of being able to independently verify a systems’ performance in relation to building safety.”
Both Ben and Matthew highlighted examples of how the steel framing specialists are helping educate their customers and to support them in meeting the onerous demands of the Building Safety Act.
Michael Rowell, Engineering Manager for Fusion Steel Framing supported this point saying: “There is still a lack of understanding around the Building Safety Act and as an industry we need closer collective action to help educate and advise. It certainly plays to the strengths of the light steel frame sector.”
“We should use the opportunities presented by the Building Safety Act as a catalyst for collaboration to collectively grow the light steel sector,” said Nik Teagle, Joint Managing Director at Frameclad. “By working together under the umbrella of the LSFA, we can achieve common goals for the good of the construction industry and building safety.”
It was proposed that the LSFA set up a working group to engage directly with the Building Safety Regulator to set a high bar and ensure that the light steel frame sector is at the forefront of implementation of new technology for traceability, design information management and robust construction details with validated performance.
More Stringent Regime
It was generally agreed that having the Building Safety Regulator sitting within the HSE will offer a certain level of gravitas and was a ‘smart move’ on the part of the government, but doubts were raised about recruitment of the regulatory team, and the levels of resource required to implement and police the new legislation, which could prove challenging.
Drawing conclusions, Darren Richards said: “The government has asked the industry and its trade associations to provide leadership to aid and support compliance with legislative requirements, and to work closely with the regulator. It is apparent that there is a consensus of support and those around the table do not appear to be particularly intimidated by the implications of the new more stringent regime.”
Michael Rowell concluded: “Through these changes the government has made it clear that those who commission, design and construct buildings assume the liability for ensuring compliance with the new regulations. This is reinforced by the obligation of clients to declare a project as compliant on completion. This is unambiguous and does not require interpretation.”
Matthew Grant added: “It is our duty as a sector to collaborate to promote what we are doing to meet regulatory requirements and help educate construction clients and supply chains by raising awareness and imparting expertise.”
Ben Towe reiterated and added to his initial point: “Only through robust test data can we meet legislative requirements and be fully confident in the systems that we promote and sell. Architects should demonstrate for example, that the design for the wall build up works and will meet the performance they have specified. All too frequently there is a disconnect between a designer’s expectations and in use performance. The LSFA needs to champion rigorous product testing, to help eliminate any potential gap between design and as built performance.”
Nik Teagle agreed: “Frameclad already has robust systems in place for quality control, with full traceability and a growing suite of test data. I would really like to see more collaboration across the light steel frame sector to collectively grow our market share, with for example – a portal of test and specification data impartially curated.”
It has been unclear until now how the government and Building Safety Regulator will put the legal requirements within the Building Safety Act into effect, however this new legislation is intended to help ensure responsible parties operate within the law.
“The Building Safety Act addresses key safety issues which should never have arisen but came sharply into focus as a result of the Grenfell tragedy,” said Farah Bandali. “The Act was a reaction to the lessons learned from this tragedy and has already been updated and amended a number of times as we learn more about its impact. Now, the construction industry needs to keep pace with the legislation. It does not seem that this will be easy or straightforward as there appears to be a lack of standardisation of processes and a lack of collaboration in the wider industry, but we are still hopeful that this is an opportunity which will result in long-term change for the good.”
“The building safety legislation is intended to drive a cultural sea change,” stated Victoria Ball. “This is not going to be a tick box exercise for the industry. Construction professionals will need to embrace significant behavioural changes and the sector will be forced to adopt a different approach. The biggest challenge is around gateway three, right at the end of the project. Structures cannot be legally occupied until they have been through the building safety process, therefore, we must consider how the new completion and handover processes will play out. What is the likely impact on programme and occupation timescales? Collaboration in the industry is key to assist contractors to get smoothly through the gateway process and provide ‘golden thread’ details to meet building safety requirements.”
Tim Sims added: “I totally agree that a significant cultural change is required. It is also important for industry bodies such as the LSFA to have a clear direction of travel and build a relationship with the regulator, so they can guide members through the building safety process and support compliance with regulatory requirements.”
In Summary
The new regulations deliver the recommendations laid out in the Hackitt Review and cover the technical detail underpinning the new, more stringent regime for the design and construction of higher-risk buildings, wider changes to the building regulations for all buildings and the details of the new in-occupation safety regime for higher-risk buildings.
Now the secondary legislation is released there is a huge amount of work to be done, primarily in England as these regulations impact this country the most, with a significant amount relating to Wales and very little applying to Scotland or Northern Ireland. We now have confirmation that the transitional period began in October and the industry has less than six months to get everything in place ready for full implementation of the Building Safety Act in April 2024.
The LFSA would like to thank all roundtable participants for their valued input, including:
Andrew Way, Associate Director, SCI
Ben Towe, Group Managing Director, Hadley Group
Darren Richards (facilitator), Managing Director, Cogent Consulting
Farah Bandali, Legal Director, Shakespeare Martineau
Matthew Grant, Head of Technical, Development & Sales Support, Intrastack part of Saint Gobain
Michael Rowell, Engineering Manager, Fusion Steel Framing
Nik Teagle, Joint Managing Director, Frameclad
Tim Sims, Partner, Rider Levett Bucknall and Midlands Building Safety Fire Team Lead
Victoria Ball, Partner, Trowers & Hamlins and Birmingham Project and Construction Lead
Light Steel Frame Association
The LSFA works to drive engagement, champion change, and spread the word about the safety, cost, performance and sustainability benefits of contemporary light steel frame systems. Trusted and specified by the UK construction industry – light steel frame is the most technically advanced material in the offsite technology portfolio. Highly innovative, the light steel frame sector has developed panelised and modular solutions that deliver high quality buildings on fast-track construction programmes that are renowned for safety, strength and durability.
