Building Safety Regulator enters new phase

31 October 23

A number of significant milestones in the creation of the Building Safety Regulator are now in force, having been mandated by the historic Building Safety Act 2022, which represents the "biggest change in building safety" in decades.

In the wake of the Grenfell Tower disaster, and following recommendations in the “Building a Safer Future” report by Dame Judith Hackitt, the Government asked the Health & Safety Executive (HSE) to establish a new building safety regulator. It was this initial report that identified what changes were necessary in the sector and recognised ECS as an exemplar for personnel certification when identifying competence in the workforce. 

The Building Safety Regulator (BSR) is now the building control authority for all higher-risk buildings in England, meaning that developers will no longer be able to choose the building control body they use for building work on residential buildings that are over 18 metres high (or seven stories) with at least two residential units, as well as hospitals and care homes that meet the same height threshold.

Applications for higher-risk buildings will be evaluated by the BSR, and building work cannot start until the BSR has given its approval.

Building approval process

After the launch of Planning Gateway One in August 2021, a new building approval procedure known as Gateway Two was introduced. The HSE was established as a statutory consultee for specific high-rise building developments in accordance with current planning law. Before granting planning permission for these buildings, Planning Gateway One makes sure that fire safety considerations are incorporated throughout the design proposals.

A third gateway now also applies at the point of completion of a higher-risk building project before it can be occupied. Higher-risk buildings can only be occupied after the Building Safety Regulator has issued the building with a building control certificate.

In addition to the changes to the higher-risk building regime, anyone appointed to undertake any type of building work in England will be required to demonstrate competence in their work and compliance with the new legislation as well as the existing Building Regulations.

Starting in October 2023, all building control inspectors and approvers will need to register with the BSR ahead of the profession becoming regulated in April 2024. The BSR has already published the building inspector competence framework and approved three independent assessment schemes. Building inspectors will need to undergo an assessment under one of these schemes to demonstrate their competence before they can register.

ECS is recognised as a key element of this competence framework to recognise the standards met by the individuals for their training and qualifications, assessments, heath, safety and environmental awareness, identification, and elements such as CPD recognised within the scheme.  

Greater digitalisation of personnel certification will play a crucial part of the steps necessary for clients, main contractors and others to assess and identify competence within their supply chain. CSCS Smart Check and the ECS Check systems will be at the heart of a golden thread of information necessary for this step change in competence requirements. Keep your and your employees ECS accounts and CPD records up to date through the ECS Portals here