Since the initial legislation in 2022, the built environment sector has been preparing for the enactment of the Building Safety Act (BSA). It is a brilliant opportunity to improve practices and embed ethics across the industry. More robust design and construction standards will also elevate project outcomes, ensure safety and contribute to greater quality of life for occupiers.
The ‘golden thread of information’ came up early in the consultation for the BSA as the solution to systemic issues that led to the devastating events at Grenfell. Following new regulations introduced in 2023, we now have more clarity on what the ‘golden thread’ looks like for stakeholders throughout the construction supply chain. We also know who those stakeholders will be accountable to on certain projects.
Here, we explore how the golden thread will play out in practice. This includes changes to planning and building control processes, new project stakeholder responsibilities and competence requirements for construction products.
Please note: this is not an exhaustive guide to the Building Safety Act and its subsequent regulation. For more detail and an up-to-date view, view the government’s guidance.
Higher-risk buildings and the Building Safety Regulator
Local councils or private companies usually act as the building control authority for new construction projects. The updates to the Building Safety Act have amended this for a new category of project: higher-risk buildings.
Higher-risk buildings (HRBs) are defined as:
- Those containing at least two residential units.
- Measuring at least 18 metres in height or having at least seven storeys.
- Not entirely consisting of a care home, hospital, hotel, secure residential institution or military barracks.
Under the new legal criteria, a mixed-use construction that contained a shopping centre and residential units would classify as a higher-risk building.
The new Building Safety Regulator (BSR), part of the Health and Safety Executive (HSE), will be the building control authority for all HRBs. Essentially, they are the guardian of the golden thread for HRB projects. This has two critical implications for design and construction:
- Planning permission. The BSR will now review planning applications for HRBs to check the building’s design addresses fire safety.
- Building control. The BSR will have final approval on building control approval applications for HRBs. This is to ensure that the building’s design will function according to building regulations.
The new BSR doesn’t alter the core application processes for planning and building control. However, current and future regulations (such as the Future Homes Standard) will be more rigorously applied in these stages. Developers and contractors will also be held accountable for approved designs throughout construction.
The dutyholder and gateway regimes
Under the Construction (Design and Management) Management Regulations 2015, there are already criteria for appointing dutyholders during a project’s design and construction phases. These dutyholders include:
- Clients
- Principle designer
- Principal contractor
- Designers
- Contractors
Part 4 of the Building Safety Act updates the responsibilities of these dutyholders to include “planning, managing and monitoring their activities in relation to building regulations.”
This leads to the new gateway regime, which sets milestones throughout HRB projects. There are three of these milestones, referred to as ‘gateways’.
- Gateway one forms part of the planning stage.
- Gateway two must be cleared for construction to commence.
- Gateway three occurs after construction is complete.
The gateways allow the BSR to ensure that all dutyholders have met their building safety responsibilities before the project progresses. It does so by asking the client to provide proof of these responsibilities. Examples of proof include competence declarations, construction control plans and fire and emergency files. This documentation is a crucial component of the golden thread.
Change control is also a vital element of the gateway regime. Developers must share a change control plan. This plan defines how they will track, log and report any design changes during construction. The BSR will need to approve any changes that fall under the ‘major changes’ criteria. For example, this might be changing the number of residential or commercial units or fire safety measures.
The gateway regime will place greater administrative demands on designers, developers and contractors. But, it’s an important step toward strengthening standards and how consistently companies apply them. And this, in turn, is vital for restoring public trust in the built environment sector.
Competence requirements for construction products
The inherent safety of construction products is a central focus of the Building Safety Act. As is their competent application. All of which forms part of the golden thread. As a result, specifiers, manufacturers and end users of construction products must now demonstrate they have the relevant building safety competencies for their role. Regulation will scrutinise competencies at the level of individual workers and overall organisational capability.
While the current legislation doesn’t provide criteria or a framework for competence, the built environment industry has developed its own. There are several initiatives to promote and safeguard competence, including:
- Code for Construction Product Information (CCPI). Led by the Construction Products Association, the CCPI defines leadership and culture standards for construction product manufacturers. It also details what data points and documentation are essential to include in manufacturing information for specifiers. Organisations can now apply to be verified as CCPI-conformant.
- Construction Product Competence Standard (CPC). Also led by the Construction Products Association, the CPC is a more expansive framework. It sets out competence criteria for manufacturers, engineers, and contractors. Competence requirements for individuals are graded according to their role, from product installation (level E) to product specification or design (level A). This is currently a voluntary standard for the built environment sector, but the intention is for the CPC to become an industry-agreed standard via the British Standards Institute.
- Internal initiatives by manufacturers. Some product manufacturers already promote high standards of competence. At Michelmersh, we have committed to ensuring that every employee has 60 hours of training annually by 2030. As of December 2023, that KPI currently sits at 38.5 hours of training per employee per year. We also include hundreds of data points in the BIM files for each of our products. These include compressive strength, water absorption, and full technical specifications. And we’re continuously looking for ways to contribute to and support the golden thread. One example is the BSI Identify scheme, which we are currently evaluating for implementation.
Building better, building trust
At Michelmersh, we welcome further regulation to support our industry, but we’re also proactive in our approach to building safety. We’ve always been committed to transparency to support the quality and compliance of our customers’ projects. And we continue to embrace new practices and systems that bolster competence throughout our business. This puts us and our customers in a strong position for the enactment of the BSA.
What’s more, it inspires us to improve further how we support the wider built environment sector—with fact-driven coverage of its most important topics. For more industry views and our latest business updates, visit our News page.
