After the Building Safety Act (BSA) gained royal assent at the end of April, the government commenced consultations regarding the swathe of secondary legislation that is required to complete the detail of the new regime.
Although the granting of royal assent is a significant milestone, it is only the start of the journey. A lot of the detail as to how many elements of the BSA will be given teeth has been left to be set out within regulations, which are expected to come into force over a period of 12 to 18 months following royal assent.
The government commenced consultation on these regulations in June, beginning with the Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations, which closed on 21 July 2022.
In July, the government published two further consultations. The first covers the regulations required under part 3 of the BSA, comprising the implementation of a new building control regime for higher-risk buildings, including the introduction of gateway points at commencement and completion of a project, the establishment of the golden thread of information, change control, safety occurrence reporting and enforcement.
The second consultation covers the regulations required under part 4 of the BSA, comprising the new safety regime for higher-risk buildings once they are occupied, including registration and certification, the duties of the accountable person, the contents, management and storage of the golden thread of information, safety reporting and resident liaison.
Importantly, both consultations also mention the potential transitional arrangements that would be in place when the regulations come into force. These consultations are due to close on 12 October.
It is expected that further consultations concerning mechanisms for the remediation of buildings and the provision of other protections, such as the New Homes Ombudsman, New Home Warranties and Construction Products, will commence in the autumn.
Sue Ryan is a construction partner at law firm Gowling WLG