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A gateway to safer buildings,
The Building Safety Act 2022 created the new building safety regulator within the Health and Safety Department (HSE).
The mandate of the new Building Safety Regulator (BSR) is threefold:
to deliver the new regulatory regime for high-rise residential buildings,
to promote efficiency across the built environment, and to oversee the entire built environment.
Premier Planning Portal is also part of BSR and is a new legal advisor on fire safety matters for planning applications involving high-rise residential buildings.
It became operational in August 2021 and, from October 2023,
the BSR will be the building control authority for high-rise residential buildings in England,
so it will oversee the design and construction of these buildings,
as well as manage the safe occupation of existing buildings. buildings.
The BSR will also advise local regulators, landlords, building owners, building design,
construction industry and residents.
It aims to be evidence-based and enforce its powers proportionately and on the principle that it is the responsibility of those who create risks to manage and control them.
The new building safety system will come into effect in phases.
The registration of high-rise residential buildings will begin in April 2023,
and the new safety management requirements will be implemented from October 2023.
This month will also see the introduction of stricter building control rules for new high-rise buildings and construction work carried out on existing buildings.
There will be a duty to register high-rise residential buildings between April and September 2023,
with all other duties starting from October 2023.
BSR then intends to value the estimated 13,500 existing buildings in scope over a five-year period from April 2024,
with a rolling revaluation.
Starting this fall, it will publish various guidelines on the new system,
including requirements for registering high-rise residential buildings.
How BSR improves building design integrity
The first planning portal is part of the Building Safety Regulator,
but was created under legislation separate from the Building Safety Act.
Launched in August 2021 to enable the BSR to comment on planning applications for the development of high-rise residential buildings
(those over 18 meters or seven storeys high and containing two or more apartment units).
The planning phase involves consideration of the entire development,
so the area around and access to the building is also included.
The situation before the implementation of the first planning portal
Fire safety was not a consideration at the planning stage.
As planning officers are generally not experienced in fire safety,
the previous situation meant that it was difficult to gain traction on fire safety matters later in the process,
once the design had obtained planning permission.
Aspects of fire safety considered in Planning Gateway One
It’s the expensive items like the number of fire ladders and how they interact with the layout of the building.
There is often only one fire escape, so it needs a high level of protection,
as it is the only way to escape and reach the firefighters.
One of the great accomplishments of Planning Gateway One was highlighting one staircase and how well it was protected.
The role of the second and third gate
The new second gate is being implemented prior to the commencement of the construction works,
and involves detailed compliance with the building regulations,
with approval from the BSR acting as the building control authority.
As for the second gate, it is a stop-or-go phase, and construction work cannot start before it is completed.
This contrasts with the current situation where there is a requirement to submit an application at this stage,
but no requirement to obtain approval before starting work.
Gate Three will require that you provide sufficient evidence that you have complied with the building codes and have built what you said you would build.
At this point, you will receive a Certificate of Completion that will allow you to register your building.
Building registration with the BSR must be completed before people can move in.
Currently, there is no way to prevent the building from being occupied until approval is obtained.
The incentive for developers to consider fire safety at the planning stage
Perhaps the focus on fire safety is more focused on the first planning portal than it is later,
when considering the Building Regulations.
There is an incentive for developers to sort out fire safety issues at the outset,
as the open process of planning applications means that HSE comments are posted to the local authority’s planning register.
Therefore, there is potential reputational damage for those who do not.
With increased scrutiny of fire safety issues at the planning stage,
it makes sense to involve fire professionals early in project design.
This will reduce costs later, and reduce approval and program risk.
Because gate one planning is live, design is challenged –
designers need to respond to good practices that are being put in place,
so standards are raised early in the building’s life cycle.
Anyone still wedded to the idea that building safety is something that can be left to later stages of design and construction needs to change their mindset.
Good building design begins well in advance of the planning stages and continues so that buildings are safe to build and safe to live and use.
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