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BRIEFING
Building Safety Act 2022
Briefing Note 1 Overview

This briefing note explains the requirements of the Building Safety Act 2022 and the Government’s proposals for secondary
legislation. The requirements of the Act will not change, although the dates for implementation may. The proposals indicate the
Government’s current thinking but may change. Readers should not assume that all proposals will become law. Readers should
also be aware that changes to timings and Government thinking could occur over the next 12 – 18 months. APS will endeavour to
update our Briefing Notes in line with changes. This briefing note has been prepared in conjunction with The Property Institute.
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APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview

Table of Contents
Introduction 2
Summary 2
The Building Safety Act 2022 2
Legislative program 3
Building Safety Regulator (BSR) 4
Statutory Committees 4
Enforcement officers 4
Enforcement 4
Compliance Notices 4
Fees and charges 4
Changes to the Building Act 1984 5
Part 3 of the Building Safety Act 2022 5
New building control regime 5
Changes to Building Regulations 6
Industry Competence and Dutyholders 6
Competence and Capability 6
Clients 7
Domestic clients 7
Designers 7
Principal Designer 7
Contractors 7
Principal Contractor 7
Suitable arrangements 7
Building Regulations 2010 - Relevant requirements 8
Building Regulations 2010 Regulation - Requirements relating to building work 8
Building Regulations 2010 Schedule 1 8
Industry competence 8
Demonstrating Competence 9
Higher-risk Buildings 9
Higher-risk buildings – Design and Construction Phases 9
Higher-risk building – Occupation Phase 9
Determining height of a building 10
Building Regulations for Higher-Risk Buildings 10
The Gateways 11
Gateway 1 11
Gateway 2 11
Building control approval applications for new HRB following a staged approach 11
Determining an application for building control approval 11
Between Gateway 2 and 3 11
Site inspections during construction 11
Gateway 3 12
Building Control Approval Applications 13
Competence declaration 13
Construction Control Plan 13
Change control plan 13
Change Control 14
Mandatory Occurrence Reports 14
Design and & Build Approach Statement 14
Fire and Emergency File 14
Golden Thread of Information 15
Planning statement 15
Commencement notice 16
New Clients 16
Notification of a Principal Contractor or Principal Designer 16
Completion notice 16
Completion certificate 16
Compliance declarations 17
Golden thread information and key building information 17
Partial completion 17
Partial Completion Strategy 17
Assessing completion certificate applications 17
Construction Products 18
Consultations 18
Citizen space for all open building safety consultations 18
HTML versions (accessible versions) 18
Further Information 18
Bibliography 18
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APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
Introduction
On 14 June 2017, a fire broke out at
Grenfell Tower, a 24-storey residential
tower block in West Kensington, London.
Starting on the fourth floor, the fire quickly
spread throughout the building and
resulted in 72 fatalities.
Following the fire, the Government
asked Dame Judith Hackitt to lead an
independent review of Building Regulations
and fire safety. The review’s final report,
Building a Safer Future1, was published on
17 May 2018.
The review found the current system of
building regulations and fire safety to
be not fit for purpose and that a culture
change was required to support the
delivery of buildings that are safe, both
now and in the future.
The Building Safety Act 20222 (the Act):
• is intended to deliver the fundamental
reform of the building safety system
called for in Dame Judith Hackitt’s
Independent Review of Building
Regulations.
• acts as the vehicle for wider
improvements including changes to the
Architects Act 19975, the Housing Act
19966, provisions to establish a National
Regulator for Construction Products and
a New Homes Ombudsman.
• takes forward in Section 156 further
changes to the Regulatory Reform (Fire
Safety) Order 20057.
The objectives of the Act are to learn the
lessons from the Grenfell Tower fire and to
remedy the systemic issues identified by
Dame Judith Hackitt by strengthening the
whole regulatory system for building safety.
This Briefing Note provides an overview of
the Building Safety Act 2022; and looks at
the new Building Safety Regulator [BSR];
and the new building control procedures
for building work on both Higher-risk
Buildings [HRBs] and on buildings that are
not in scope of the new regime for HRBs.
Summary
The Building Safety Act 2022 received
Royal Assent on the 28th April 2022.
Much of the Act requires secondary
legislation to bring the provisions into
force and many aspects of the regime
will be taken forward through secondary
legislation.
The Act’s provisions will extend and apply
in the main to England only.
Part 2 of the Act will establish the new
Building Safety Regulator [BSR] within the
Health and Safety Executive [HSE] and sets
out its objectives and functions.
The BSR has already been established
in shadow form in the Health and Safety
Executive.
Changes to building regulations in clause
31 of the Building Safety Act 2022 will
enable the new building control regime for
Higher-risk buildings [HRBs].
Changes to building regulations in clause
32 of the Building Safety Act 2022 will
enable the building control procedures for
building work on buildings that are not in
scope of the new regime for Higher-risk
buildings [HRBs] to be improved.
The Department for Levelling Up, Housing
and Communities is currently consulting on
their proposals for the new regimes.
The Building Safety Act 2022
The Building Safety Act 2022 contains six
parts and nine Schedules and provisions
intended to secure the safety of people
in or about buildings and to improve the
standard of buildings.
Part 1 provides an overview of the Act.
Part 2 establishes a new Building Safety
Regulator within the Health and Safety
Executive and sets out its functions in
relation to buildings in England.
Part 3 amends the Building Act 1984 as it
applies to England and Wales, and defines
the scope and provisions for:
• prescribed appointments to be made in
relation to any building work to which the
Building Regulations apply;
• competence requirements to be imposed
on any appointed person, or any
prescribed person;
• the regime during the design and
construction phase for higher-risk
buildings; and
• the registration of building inspectors
and building control approvers;
Part 4 is concerned with management of
building safety risk in higher-risk residential
buildings in England when they are
occupied and defines and places duties on
the Accountable Person (the dutyholder in
occupation).
Part 5 details other provisions, including:
• provisions about remediation and
redress;
• provision requiring a new homes
ombudsman scheme to be established;
• powers to make provision for regulation
of construction products for the UK;
• changes to the Fire Safety Order;
• provision about the regulation of
architects, allowing disciplinary
orders made against architects by the
Professional Conduct Committee of the
Architects Registration Board to be listed
alongside an architect’s entry in the
Register of Architects; and
• provision about housing complaints.
Part 6 contains the technical clauses
related to the Act, including Crown
application and provision for liability of
officers.
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APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview

Legislative program
April
Much of the Act requires secondary Planning Gateway 1 Introduced
2021
legislation to bring the provisions into
force and many aspects of the regime
will be taken forward through secondary
BSI Flex 8670, Built environment
legislation. Aug
Core criteria for building safety in
2021
competence frameworks published

28th
Building Safety Act 2022 Competency standards published
April
received Royal Assent PAS 8671 Principal Designer
2022

Consultation Secondary
July Competency standards published
Legislation
2022 PAS 8672 Principal Contractor
20th July to 12th October 2022

Competency standards published

Dec
Residents Panel established PAS 8673 Safety management
2022
in residential buildings

Additional powers for the April Regulatory Reform (Fire Safety)

regulation of construction products 2023 Order changes made

Mandatory registration of
HSE takes lead on technical
high-rise residential
building standards
buildings starts

Building Advisory and Building control inspectors

Sept
Industry Competence six month registration period
2023
Committee established commences

New requirements for construction

Accountable persons duties come
products to be safe / strengthened
into force for higher-risk buildings
powers for national regulator

Building Regulation
Gateways 2 and 3 come into
Competence and Dutyholder
force for higher-risk buildings
requirements come into force

Golden Thread of Information

Mandatory registration of Mandatory registration of

Oct
Building Inspectors and high-rise residential
2023
Building Control (completed Oct 24) buildings ends

New regimes for building control Building safety regulator starts

April
inspectors competence and assessing safety cases and issuing
2024
building control body performance building assessment cetificates

March Building safety regulator reaches

2024 business as usual
4
APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
Building Safety Regulator
(BSR)
Part 2 of the Building Safety Act 2022
establishes the Health and Safety
Executive [HSE] as the Building Safety
Regulator [BSR].
The objectives of the regulator are to:
• provide assistance and encouragement
to:
o residents of higher-risk buildings,
o persons who have duties in relation to
Building Regulation compliance, and
o accountable persons.
so that they secure the safety of
people in or about higher-risk buildings
by managing the building safety risks
higher-risk buildings;
• keep safety and standards of buildings
under review; and
• facilitate improvement in competence of
industry and building inspectors.
The BSR will be allowed to charge fees and
recover charges from those it regulates in
relation to its functions.
Statutory Committees
The Act requires the BSR to establish and
maintain:
• a Building Advisory Committee to give
advice and information to them about
matters connected with any of their
functions.
• an Industry Competence Committee
[ICC] concerned with the competence of
persons in the built environment industry,
• a Residents Panel comprising residents
of higher-risk buildings to give advice
to them about matters connected with
their functions that relate to higher-risk
buildings.
The committees are current operating as
interim committees.
Enforcement officers
The Act allows the BSR to authorise
individuals so that they can exercise
specified powers to carry out ‘relevant
building functions’ on behalf of the BSR
including enforcement-related functions.
 
Enforcement
The Act will give regulators stronger
enforcement powers. This will make sure
those responsible for non-compliance are
held accountable and provide a strong
deterrent against non-compliant action.
Section 38 of the Act will amend the
Building Act 1984 and permit the BSR and
local authorities to issue compliance and
stop notices against non-compliant work.
Failure to comply with either notice will
be a criminal offence, with a maximum
penalty of up to two years in prison and an
unlimited fine.
Compliance notices
• will require work to be corrected by a
certain date.
• must only be issued against one
contravention of building regulations or
one requirement imposed under building
regulations. This means that where there
are multiple contraventions of building
regulations, a compliance notice must
be served for each contravention of
a building regulation or requirement
imposed under regulations.
Stop notices:
• will require non-compliant work to be
stopped until the non-compliant action
has been addressed.
can only be issued against:
• a contravention of specific building
regulations;
• a contravention of a compliance notice
or
• a contravention of building regulations
which can cause serious harm to
people in or around a building if the
contravention is not corrected.
Section 39 of the Act will amend the
Building Act 1984 and introduce the
following enforcement measures that can
be used by regulators during the design
and construction of all buildings:
• the penalty for a breach of building
regulations under section 35 of the
Building Act 1984 has increaed to a
maximum penalty of an unlimited fine
and/or two years in prison;
Section 35 of the Building Act 1984 will
apply not only to breach of provisions of
building regulations, but also to breach
of individual requirements imposed under
building regulations; and
• section 36 of the Building Act 1984 will
been amended to extend the time limit
to take action to correct non-compliant
work under this section to ten years.
Fees and charges
The BSR will be allowed to charge fees and
recover charges from those it regulates in
relation to its functions.
The government is currently consulting on
the Building Safety (Fees and Charges)
Regulations and charging scheme10. The
consultation opened on the 1st Aug 2022
and closes on the 7th Oct 2022.
BSR will seek to recover the costs for
chargeable functions as:
• a fixed fee; and/or
• a charge for the costs of BSR’s
regulatory effort (hours worked) and any
additional costs for any relevant authority
or third-party support that was required.
The fees and charges set out in the
charging scheme will be charged to the:
• client: the person for whom a project is
carried out;
• principal accountable person/
accountable person: the duty holders in
the occupation phase;
• applicant: for either the registration of
building control approvers/ building
inspectors or for a review of a decision of
the regulator (BSR);
• building control professions: The relevant
building control bodies or building
control professional;
• appellant: the person/body appealing
against a decision of a local authority or
registered building approver; and
• regulated party: The party against whom
any enforcement action is taken by BSR.
The proposed Building Safety (Fees
and Charges) Regulations will be made
in exercise of the powers conferred by
sections 15(4) and 28 of the Building Safety
Act 2022 and section 105B of the Building
Act 1984.
The proposed regulations set out
provisions in relation to fees and charges
of the building safety regulator. The
chargeable functions include:
• the determination of a building control
approval application;
• the inspection and testing of:
o any work to which building regulations
are applicable; or
o a building on which such work has
been, is being or will be carried out,
to ensure that the work is or would
be compliant with the applicable
requirements of building regulations;
• the determination of a change control
application;
• the determination of a completion
certificate application or a partial
completion certificate application;
• the determination of an application for
registration of a higher-risk building;
• the determination of an application for a
building assessment certificate;
• the review of a safety case report.
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APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview

• any action taken by the regulator with a
view to or in connection with securing
compliance with a building enactment;
• any action taken by the regulator with
a view to or in connection with the
imposition of a sanction in respect of a
contravention of a building; and
• the conduct of an appeal against
decisions or actions of a local authority
or registered building control approver.
Changes to the Building Act
1984
Part 3 of the Building Safety Act 2022
• modifies the Building Act 1984 and
introduces the ability to make secondary
legislation
• facilitates three major changes to the
design and construction regulatory
framework covering:
o Building Control Authorities;
o Building Regulations for all building
work;
o Building Regulations for higher-risk
buildings.

Building Control Building Regulations 2010 Building Safety Fees

Regulations (as amended) Regulations

Industry Competence
Functional Procedural
and Dutyholders
Requirements Provisions
Regulations

Higher-risk
YES
Building

Building Regulations
NO for Higher-Risk Buildings
(The Gateways)

Building work on Buildings Construction Products Building work on

other than Higher-risk Buildings Regulations Higher-risk Buildings
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APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
New building control regime
The Building Safety Act includes provisions
to improve competence levels and
accountability in the building control
sector by creating a new professional and
regulatory structure for building control.
The BSR will establish and maintain a
register of:
• Registered building inspectors
(individuals); and
• Building control approvers (either
organisations or individuals).
The Building Safety Act removes the ability
for a person carrying out building work on
high-rise residential and other in-scope
buildings to choose their own building
control body where building control is
required.
The changes introduced by the Act are
substantial, and therefore creates new titles
for individuals and organisations.
‘Approved Inspectors’ who wish to
continue undertaking building control work
will need to register as ‘building control
approvers’.
The role of a registered building inspector
being introduced in the Act is new.
Building control authorities and registered
building control approvers will need
to obtain and consider the advice of
a registered building inspector before
carrying out certain functions, and will also
have to carry out certain activities through
a registered building inspector.
These functions and activities will be set
out in secondary legislation.
The BSR will:
• set the criteria for registration of
inspectors that is linked to a common
competence framework;
• set out a common code of conduct for
inspectors;
• set operational standards rules defining
the minimum performance standards
that building control bodies must meet;
• set reporting requirements to collect
information and will continuously assess
and analyse the performance of building
control bodies; and
• manage a disciplinary process.
Changes to Building Regulations
Changes to building regulations in Section
32 of the Building Safety Act 2022 will
enable the building control procedures for
building work on buildings that are not in
scope of the new regime for HRBs to be
improved.
Details of what is proposed was set out in
the draft Building (Appointment of Persons,
Industry Competence and Dutyholders)
(England) Regulations (BAPICD)3 which
have now been withdrawn. The Department
for Levelling Up, Housing and Communities
are currently consulting on their proposals
for the new regime.9
The guidance in the following section sets
out what is detailed in the consultation.
Industry Competence and
Dutyholders
It is proposed that the new dutyholders
will mirror the dutyholder structure of the
Construction (Design and Management)
Regulations 20158 but be entirely separate
from it.
The Government however expects that
new building regulations dutyholder roles
will be undertaken by the same person
or organisation who is undertaking
the roles under CDM 2015, subject to
them having demonstrated the right
competence or organisational capability
to undertake both roles on the project
they are engaged on. On any project
involving both dutyholder roles it should
be clear how the statutory roles have
been allocated. The client may decide
that the same person or organisation
is competent or has the organisational
capability to fulfil both roles, as intended
by the Government. Alternatively, the client
could make separate appointments of a
Principal Designer or Principal Contractor
for CDM, and a Principal Designer
or Principal Contractor for building
regulations purposes after considering the
different statutory requirements and the
person’s competence or organisation’s
organisational capability.
It is proposed that new regulations will set
out the duties of those who commission,
design and undertake building work to
which building regulations apply. They
will set out who the dutyholders are and
impose duties on them. The dutyholders
will be:
• Client
• Principal Designer
• Designers
• Principal Contractor
• Contractors
Competence and Capability
It is proposed that any person carrying out
any building work or any design work must
have:
• where the person is an individual, the
skills, knowledge, experience and
behaviours necessary, or
• where the person is not an individual, the
organisational capability,
to carry out:
• the building work in accordance with all
relevant requirements;
• the design work so that, if built, the
building work to which the design relates
would be in accordance with all relevant
requirements; and
• to fulfil their duties under the Regulations
in relation to the work.
It is proposed that a person who is
responsible for appointing a designer or
contractor to carry out any building work or
any design work must take all reasonable
steps to satisfy themself that any:
• person they wish to appoint has the
necessary skills, knowledge, experience
and behaviours (SKEB); and
• organisation has the necessary
organisational capability.
Organisational capability is defined
as appropriate management policies,
procedures, systems and resources to
ensure individuals under the control of the
organisation who are carrying out any building
work or any design work comply with:
• general competence requirements; and
• where relevant, the specific competency
requirements of:
o the Principal Designer; or
o the Principal Contractor.
Behaviours include:
• compliance with relevant requirements,
including refusing to carry out:
o any building work which is not
in compliance with any relevant
requirement;
o any design work if the building work
to which the design relates cannot
be carried out in compliance with all
relevant requirements;
• cooperation with other persons in
relation to the work; and
• refusing to carry out work which
is beyond their skills, knowledge
or experience, and asking for the
assistance of other persons where
necessary.
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APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
Where the role of Principal Designer and
Principal Contractor is carried out by
an organisation, the organisation will be
responsible for fulfilling all their duties
as the Principal Designer or Principal
Contractor. In doing so, they will be relying
on their organisational capability, including
having in place a robust management
system and a team of people with relevant
competence. In practice, organisations
will usually have individuals, with the
relevant competence who lead, oversee
and manage the project, supported by a
team with a range of expertise. This should
enable the organisation to fulfil its duties
as the Principal Designer or the Principal
Contractor for the design or building work
included in any particular project.
It is proposed that where the role is carried
out by an organisation, reasonable steps
must be taken to ensure that the individual
or individuals designated, who are fulfilling
the functions of the Principal Designer
or the Principal Contractor for a specific
project, have the appropriate SKEB.
Clients
It is proposed that clients will need to have
suitable arrangements in place to ensure
that the design work and the building work
can be completed in accordance with
building regulations.
This requires them to appoint the right
people, with the right competencies for the
work, and ensure those they appoint have
systems in place to ensure compliance
with building regulations.
Where there is more than one contractor
working on the project, the Client will need
to appoint:
• a Principal Designer; and
• a Principal Contractor.
Domestic clients
A similar approach to that taken in the
Construction (Design and Management)
Regulations 2015 is proposed for domestic
clients. Where the client is a domestic
client, their duties that must be carried out
by:
• the contractor (where there is only one
contractor for a project); or
• the Principal Contractor or the Principal
Designer (where there is more than one
contractor) if the client and the Principal
Designer has agreed this in writing.
If a domestic client fails to make the
appointments of the Principal Designer and
Principal Contractor, the designer in control
of the design phase of the project will be
the Principal Designer; and the contractor
in control of the construction phase of the
project will be the Principal Contractor.
Designers
Any person who, in the course or
furtherance of a business, carries out any
design work, or arranges for or instructs,
someone under their control to carry out
design work, will be a designer. In addition
to the general duties, it is proposed that
designers must:
• not start design work unless satisfied
that the client is aware of their duties;
• when carrying out design work the
designer, ensure that, if built, the building
work to which the design relates would
be in compliance with all relevant
requirements;
• in providing a design, take all reasonable
steps to provide sufficient information
about the design, construction and
maintenance of the building to assist the
client, other designers and contractors to
comply with all relevant requirements;
• where they are carrying out only part of
the design of the building work which
comprises a project, consider other
design work which directly relates to that
building work and report any concerns
as to compliance with all relevant
requirements to the Principal Designer;
and,
• if requested to do so, provide advice to
the Principal Designer or the client on
whether any work, to which a design it is
preparing or modifying relates, is higher-
risk building work.
Principal Designer
It is proposed that the Principal Designer is
a designer appointed to be in control of all
the design work.
They can be an individual or organisation.
They will need to:
• plan, manage and monitor the design
work, ensuring that the design, if built,
would comply with building regulations;
• co-ordinate matters relating to the design
work to ensure that, if built, the building
work to which that design relates will
comply with building regulations;
• ensure that they, and the designers in
the team, cooperate, communicate and
coordinate their work with the Client,
the Principal Contractor, and other
designers;
• liaise with the Principal Contractor, and
share information relevant to the building
work; and
• assist the client in providing information
to other designers and contractors.
A Principal Designer must have:
• where the person is an individual, the
skills, knowledge, experience and
behaviours necessary,
• where the person is not an individual,
the organisational capability, to fulfil the
duties of a Principal Designer under the
Regulations in relation to the design work
included in the project.
Contractors
Any person who, in the course or
furtherance of a business carries out,
manages or controls any building work
will be a contractor. It is proposed that, in
addition to the general duties contractors
should have the following duties:
• to not start building work unless satisfied
that the client is aware of their duties;
and
• to provide each worker under their
control with appropriate supervision,
instructions and information so as
to ensure that the building work
is in compliance with all relevant
requirements.
Principal Contractor
The Principal Contractor is a contractor
appointed to be in control of the whole
project during the construction phase. It is
proposed that the Principal Contractor will
have similar duties to those of the Principal
Designer, but in relation to the building
work.
In addition to the general and the
contractor duties, the Principal Contractor
will need to:
• plan, manage and monitor all the building
work;
• co-ordinate matters relating to the
building work to ensure that it complies
with building regulations;
• ensure that they, and the contractors in
the team, co-operate, communicate and
co-ordinate their work with the client, the
Principal Designer and other contractors;
• liaise with the Principal Designer and
share information relevant to the building
work; and,
• assist the client in providing information
to other designers and contractors.
Suitable arrangements
It is proposed that a client will need to
make suitable arrangements for planning,
managing and monitoring a project
(including the allocation of sufficient time
and other resources) so as to ensure
compliance with all relevant requirements.
8

APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview

Relevant requirements was defined in draft Regulations as: to the extent relevant to the Industry competence
building work or design work in question, the requirements of regulations 4, 6, 7, 8, 22, It is proposed that requirements will be
23, 25B, 26, 26A, 28, 36, 41(2)(a), 42(2)(a) and 43(2)(a) of, and Schedule 1 to, the Building imposed on Principal Designers, Principal
Regulations 20104. This may change, however it has been confirmed that all building Contractors and anyone carrying out any
work, including that on HRB’s will need to comply with Schedule 1. design or building work to be competent
for their roles.
Building Regulations 2010 - Relevant requirements
Regulations 4 - Requirements relating to building work It is also proposed that a duty will also be
Regulation 6 - Requirements relating to material change of use placed on those who appoint them to take
Regulation 7- Materials and workmanship reasonable steps to ensure that the people
Regulation 8 - Limitation on requirements they appoint meet this requirement.
Regulation 22 - Requirements relating to a change to energy status Individuals will need to have the skills,
Regulation 23 - Requirements relating to thermal elements knowledge, experience and behaviours
Regulation 25B - Minimum energy performance requirements for new buildings necessary for their role.
Regulation 26 / 26A - CO2 emission rates for new buildings
Regulation 28 - Consequential improvements to energy performance Organisations, will need to have the
Regulation 36 - Water efficiency of new dwellings organisational capability – the ability of
Regulation 41(2)(a)- Sound insulation testing an organisation to carry out its functions
Regulation 42(2)(a) - Mechanical ventilation air flow rate testing properly. This involves:
Regulation 43(2)(a) - Pressure testing • having appropriate management
  systems, processes, policies and
Building Regulations 2010 Regulation - Requirements relating to building work resources to carry out its functions under
Requirements relating to building work - building work shall be carried out so that: the Regulations; and
• it complies with the applicable requirements contained in Schedule 1; and • ensuring that individuals who carry out
• in complying with any such requirement there is no failure to comply with any other such the work for them have the appropriate
requirement. skills, knowledge, experience and
behaviours for their roles.
Building Regulations 2010 Schedule 1
The government intends to provide
statutory guidance, in the form of an
A1 - Loading H4—Building over sewers Approved Document, to support these
A2 - Ground movement H5 – Separate systems of drainage requirements.
B1 - Means of Warning and Escape H6—Solid waste storage
B2 - – Internal Fire Spread (linings) J1—Air Supply
B3 – Internal fire spread (structure) J2—Discharge of Products of Combustion
B4 – External Fire Spread J3—Warning of release of carbon monoxide
B5 – Access & Facilities for the Fire Service J4—Protection of building [combustion
C1 – Preparation of site and resistance to appliances and flue-pipes]
contaminants J5—Provision of information [hearth, fireplace,
C2—Resistance to Moisture flue or chimney]
D1 – Cavity Insulation J6—Protection of liquid fuel storage systems
E1—Protection against sound from other parts of J7 – Protection against pollution
the building and adjoining buildings K1 – Stairs, ladders and ramps
E2 – Protection against sound within a dwelling- K2 – Protection from falling
house etc. K3 – Vehicle barriers and loading bays
E3 – Reverberation in common internal parts of K4 – Protection against impact with glazing
buildings containing flats or rooms for K5.1 – Protection from collision with open
residential purposes windows etc.
E4—Acoustic conditions in schools K5.2 – Manifestation of glazing.
F1—Means of Ventilation K5.3 – Safe opening and closing of windows.
G1—Cold water supply K5.4 – Safe access for cleaning windows etc.
G2 –Water efficiency K6 – Protection against impact from trapping by
G3 – Hot water supply and systems doors
G4 – Sanitary conveniences and washing facilities L1—Conservation of fuel and power
G5 – Bathrooms M1 – Access and use
G6 – Kitchens and food preparation areas M2 – Access to extensions
H1—Foul water drainage M3 – Sanitary conveniences in extensions to
H2—Wastewater treatment systems and buildings other than dwellings
cesspools M4 – Sanitary conveniences in dwellings
H3 – Rainwater drainage P1 – Electrical Safety – Design and installation

The Building Regulations 2010 will be amended or replaced. However, it is believed that
the relevant requirements are likely to remain largely the same.
9
APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
Demonstrating Competence
There will be a number of ways in which
a person involved in the construction
project can demonstrate that they meet
the competence requirements for the
role or tasks they are to undertake. As a
minimum, those carrying out work will be
expected to meet the standards set by
their sector, for example, relevant training
and qualifications recognised by accredited
institutions, membership of an established
trade or professional body, or relevant
experience of the type of work they will
undertake.
The government has been working with the
British Standards Institution (BSI) to create
a suite of national competence standards
for construction duty holders. These
include:
• BSI Flex 8670 Core Criteria for Building
Safety in Competence Framework
– Code of Practice, which sets out
key principles to be used by different
sectors to develop their sector-specific
competence frameworks which was
published in August 2021. It is in the
process of being converted to a British
Standard;
• PAS 8671 Built environment –
Framework for competence of Individual
Principal Designers – Specification
PAS 91:2013+A1:2017
Construction Prequalification
Questionnaires
CDM 2015
PEOPLE
PEOPLE
MAINTAINING
CONSTRUCTING
& CLEANING
published in late July and comes into
effect on the 31st July 2022;
• PAS 8672 Built environment –
Framework for competence of Individual
Principal Contractors – Specification
published in late July and comes into
effect on the 31st July 2022; and
These standards and the industry
competence frameworks will be key to
supporting dutyholders in meeting the
competence requirements and dutyholders
will be expected to demonstrate that they
meet the standards and competence
frameworks. Robust accreditation
arrangements by a publicly recognised
third-party body are vital to ensure
consistency in the application of the
frameworks and rebuild confidence in
the industry. The Government has stated
in the consultation that they expect that
organisations wishing to assess individuals
against the British Standards Institution’s
and sector-specific frameworks will be
third-party accredited.
The competency standards for duty
holders under CDM 2015 remain.
Designers, contractors and others with
duties under both to the dutyholder and
competence regulations and CDM 2015
will need to demonstrate competence to
both standards.
BSI FLEX 8670 Built Environment
Overarching framework for
competence of individuals
BUILDING
SAFETY BILL
PART 3
PEOPLE PEOPLE USING
USING AS A NON
WORKPLACE WORKPLACE
Higher-risk Buildings
The Building Safety Act 2022 introduces
requirements and facilitates secondary
legislation which will affect the construction
and the management during occupation
of higher-risk buildings. The Act defines a
higher-risk building as:
• a building in England that:
o is at least 18 metres in height or has at
least 7 storeys, and
o contains at least 2 residential units.
Further details about what constitutes a
higher-risk building are to be provided in
the Higher Risk Buildings (Descriptions and
Supplementary Provisions) Regulations
consultation for which ended on the 21st
July 2022.
The draft regulations align the definition of
‘building’ with the Building Act 1984 and
define a building as including any structure
or erection, and any part of a building, as
so defined, but does not include plant or
machinery comprised in a building.
Higher-risk buildings – Design and
Construction Phases
During the design and construction phases,
higher-risk buildings are defined as:
• buildings which contains at least two
residential units (the Building Safety Act
defines residential unit as a dwelling or
any other unit of living accommodation,
for example a flat or rooms in a university
hall of residence where amenities are
shared);
• care homes; and
• hospitals.
It is proposed that the following buildings
are excluded from the definition and
therefore the duties that will be imposed:
• secure residential institutions (e.g.
prisons).
• temporary leisure establishments (e.g.
hotels); and
• military premises (e.g. military barracks).
Higher-risk building – Occupation Phase
Part 4 of the Building Safety Act 2022 will
apply to buildings which contain at least
two residential units but will not apply to:
• a care home;
• a hospital;
• a secure residential institution;
• a temporary leisure establishment; or
• military premises.
10

APS Briefing:
Building Safety Act 2022

Determining height of a building If proposing to construct or create a higher-risk building (HRB) an applicant must submit a building
For the purposes of the Building Act 1984 control approval application to the Building Safety Regulator (BSR) with plans and new prescribed
documents. Work cannot commence without BSR approval.
and the Building Safety Act 2022:

WORK COMMENCES
BEFORE BUILDING
• the height of a building is to be measured
from ground level to the top floor surface BSR will consult its multi-disciplinary team, including fire and rescue authority and sewerage undertaker
of the top storey of the building (ignoring and determine application within 12 weeks
any storey which is a roof-top machinery
or plant area or consists exclusively of
machinery or plant rooms); and If application is approved, the BSR will agree a bespoke inspection schedule with the applicant. The
BSR must be notified at these stages for inspection to take place. Building works can then commence
• when determining the number of storeys (subject to any BSR imposed requirements)
a building has:
o any storey which is below ground level
is to be ignored; and
o any mezzanine floor is a storey if its BSR Carries out Dutyholders must comply If applicant proposes to deviate from the original building
inspections at agreed with dutyholder and control approval application, they must determine whether it
internal floor area is at least 50% of stages. Inspections can competence duties: constitutes a ‘major’ or ‘minor ‘ amendment
CONSTRUCTION PHASE

the internal floor area of the largest also be carried out without mandatory occurrence
notice reporting requirements;
storey in the building which is not and golden thread
below ground level. requirements. CDM 2015
requirements also apply.
MAJOR MINOR
Applicant submits change Applicant submits change
A storey is treated as below ground level control application to the control notification to the
if any part of the finished surface of the BSR who has has six BSR who has ten days to
weeks to determine consider notification. If the
ceiling of the storey is below the ground application. Change cannot BSR has not intervened,
be made without BSR the change can be made
level immediately adjacent to that part of approval once the prescribed period
the building. has elapsed.

The method of measurement matches that

set out in Approved Document B Volume
1: Dwellings. Diagrams D5 and D6 on page FULL COMPLETION PARTIAL COMPLETION
BUILDING WORK COMPLETE

144 provide a good explanation of how to

Building work on HRB is complete. Applicant must submit a Building work on relevant HRB is complete. Applicant must
measure. completion certificate application to the BSR for approval submit a partial completion certificate application to the
  and golden thread information must be handed over to the BSR for approval and golden thread information must be
Accountable Person (AP) handed over to the Accountable Person (AP)
Building Regulations for Higher-Risk
Buildings
Details of what is proposed in relation to BSR assesses the application and carries out final BSR assesses the application and carries out final
inspections of the relevant building work. inspections of the relevant building work.
the management of building regulations
compliance on higher-risk buildings was
set out in the draft Building (Higher-Risk If satisfied that the completed part of the HRB including all
If satisfied that the HRB including all relevant building work
relevant building work complies with all applicable building
Buildings) (England) Regulations [Building complies with all applicable building regulations, the BSR
regulations, the BSR will issue a partial completion
will issue a completion certificate for that specific work.
(HRB) Regulations]. The draft regulations certificate for that specific work.
have been withdrawn. The Department for
Levelling Up, Housing and Communities
are currently consulting on their proposals AP can register the building for occupation.
AP can register the building for occupation. Only the part of the building for which there is a completion
for the new regime. This is separate to the building control process certificate, can be occupied.
This is separate to the building control process
OCCUPATION

The guidance in the following section sets

out what is detailed in the consultation.

The new building control process for Building works on other

Fire Safety Order and AP’s
parts of the building
creating higher-risk buildings will operate continues. The above
duty to assess and manage
building safety risks apply
as shown in the following diagram. completion certificate
once occupation
application process applies
commences. CDM
each time HRB work is
requirements continue to
completed on a new part of
apply
the builing
11
APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
The Gateways
Amendments to the Building Act 1984 set
out in the Building Safety Act, coupled
with existing powers both in the Building
Act 1984 and in new the Building (HRB)
Regulations, will allow for the creation of a
new Gateway regime.
There will be three gateways:
• Planning Gateway one – at the planning
application stage
• Gateway two – before building work
starts
• Gateway three – when building work is
completed.
It is proposed that new Regulations will
replace, for higher-risk building work, the
procedural provisions of regulation 12 to 18
of Building Regulations 2010.
Higher-risk building work must be carried
out so that the design and the execution of
the building work achieve compliance with
the functional requirements of the Building
Regulations 2010.
Higher-risk building work including design
work will be required to be carried out in a
workmanlike and professional manner.
Gateway 1
Changes to the planning system, known
as ‘planning Gateway one’ have been
introduced via the Town and Country
Planning (Development Management
Procedure and Section 62A Applications)
(England) (Amendment) Order 2021 and
went live on 1 August 2021.
Planning gateway one has two key
elements:
• to require the developer to submit
a fire statement setting out fire
safety considerations specific to the
development with a relevant application
for planning permission for development
which involves one or more relevant
buildings, and
• to establish the Health and Safety
Executive as a statutory consultee for
relevant planning applications
Relevant buildings
• contain two or more dwellings or
educational accommodation and
• meet the height condition of 18m or
more in height, or 7 or more storeys
Fire statements must be submitted on a
form published by the Secretary of State
(or a form to similar effect) contain the
particulars specified or referred to in the
form, which includes information about:
• the principles, concepts and approach
relating to fire safety that have been
applied to each building in the
development
• the site layout
• emergency vehicle access and water
supplies for firefighting purposes
• what, if any, consultation has been
undertaken on issues relating to the fire
safety of the development; and what
account has been taken of this
• how any policies relating to fire safety in
relevant local development documents
have been taken into account
Gateway 2
It is proposed that Gateway 2 will:
• replace the building control deposit of
plans stage, before building work starts,
for higher-risk buildings;
• be a stop/go point and building control
approval must be obtained from the
Building Safety Regulator before relevant
building work starts; and
• require applicants to demonstrate how
the proposals comply with building
regulations requirements.
Building regulations should be considered
holistically with an outcome focused
approach which includes appropriate
consideration of building safety.
All plans and documents must be
realistic for the building and not rely on
unreasonable assumptions about the
management, maintenance and behaviours
and characteristics of residents in the
occupied building once built.
It is proposed that applicants will have to
demonstrate that they have appropriate
strategies to manage the construction
phase to support building regulations
compliance and reduce the possibility
of building safety risks arising: This will
include:
• the evidencing of compliance;
• change management;
• competence management;
• golden thread management; and
• mandatory occurrence reporting.
The requirement to seek building
control approval from the BSR will apply
irrespective of whether building work
in a higher-risk building has planning
permission before the new building control
regime comes into force, as planning
permission and building control are two
entirely separate regimes.
It is proposed that the application for
building control approval is be submitted
to the BSR in writing and signed by the
applicant.
Prior to submitting a building control
approval application, dutyholders will be
encouraged to engage with the BSR early
to discuss the development including draft
plans and documentation they intend to
submit to the BSR formally.
It is proposed that all applications for
higher-risk buildings, including all plans,
documents and information, should be
submitted electronically to the BSR, via a
digital system.
Building control approval applications
for new HRB following a staged
approach
The government recognise that there
may be legitimate scenarios where some
information required for building control
approval of a higher-risk building is
unavailable and waiting for it could delay
construction, such as, in complex builds.
In these scenarios, it is proposed that
the BSR will be able to allow a ‘staged
approach’ to building control approval for
construction, where it is satisfied that all
the information cannot be provided upfront
but that the proposed building work
will comply with all applicable building
regulations’ requirements.
Where a staged approach is proposed,
dutyholders will still be required to provide
a comprehensive building control approval
application with plans and all prescribed
documents, as well as a staged work
statement providing a detailed description
of the proposed stages of the work,
including an estimate of the time when
each stage of the work will commence.
A staged approach will still represent a
‘hard stop’ but will be managed through
‘hard stops in stages’ which are bespoke
to the specific higher-risk building project.
Determining an application for building
control approval
It is intended that, for higher-risk buildings,
the BSR will be the building control
authority.
Before determining an application for
building control approval, they will be
required to consult relevant enforcing
authorities when determining building
control approval applications. For
buildings that are, or will be covered, by
12

APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview

the Regulatory Reform (Fire Safety) Order There will be increased on-site monitoring Gateway 3
2005, they will be required to consult the and inspection by the BSR with the power Gateway 3:
relevant enforcing authority under the Fire to de-construct elements if they are • will occur at the current completion/final
Safety Order (usually the fire and rescue suspicious of non-compliance. certificate stage when relevant building
authority) and the relevant sewerage work is complete.
undertaker, where it is appropriate to do so. In addition, during the construction phase, • is a stop/go point, building control
where the BSR finds building work not to approval must be obtained from the
The BSR will be able to approve a building be in compliance with relevant building Regulator before registering and
control approval application, with or regulations, the BSR should check that commencing occupation of a higher-risk
without requirements, or reject it. there are suitable arrangements in place building.
for assessing the competence of the • requires applicants to demonstrate how
The approval could, for example, include a person, including whether the person the building work complies with building
requirement: who designed or carried out the work has regulations requirements to provide
• to provide the BSR with a particular committed a serious infraction. assurance that buildings are safe to
document, or revised version of a occupy.
particular document by a certain date, if, Site inspections during construction
for example, some relatively minor details It is proposed that the BSR and applicant An application will be required including
were missing from the application; or will work together to agree an inspection plans and documents that reflect the ‘as-
• that building work does not proceed schedule tailored to the individual higher- built’ building.
beyond a specified stage until a risk building project. The BSR will produce
particular document, or revised version guidance setting out when inspections are Completion certificates will be issued by
of a particular document has been likely to be required to provide industry Regulator if a gateway three application is
approved by the BSR. For example, with more certainty about requirements approved.
when a dutyholder has opted for the whilst still allowing a flexible approach to
staged approval, they may be required be taken towards individual higher-risk Only once Gateway three has been passed
to ensure that the building work does building projects. (either for partial or full completion) can the
not proceed beyond a specified stage, new building be registered with the BSR for
such as laying the foundations, until occupation.
the dutyholder has provided detailed
plans and a design and build approach
document covering the superstructure.
GATEWAY 3 Building
Building Control GATEWAY 1
Completion Regulations
In line with existing practice, the BSR will Certificate
Approval
Drawings CONTENTS
Application
have to decide an application for building GATEWAY 1
Dutyholder Review
Fire Construction
control approval within a statutory time- Statement
Contract Details Policy GATEWAY 2
Control Plan
CONTENTS
limit. It is proposed that the prescribed GATEWAY 2
Project
Competence
Contents
Building Control Strategy
timescale is 12 weeks. Submission
Description
and Records Fire &
Emergency File
Schedule of Contents
Change Control Competence
Personnel
Where the BSR has not reached a decision Records Declaration
Appointed
within the prescribed timescale and the Mandatory
Compliance Construction
applicant has not taken action, either by Declaration Control Plan
Occurrence
System Statement
agreeing to an extension or submitting Mandatory Construction
GATEWAY 3 Completion
D&B Approach CONTENTS Certificate
their application to the Secretary of State Occurrence
Document
Management
Reports Arrangements
under the Section 30A non-determinations
Golden Thread Change Control
procedure, it is proposed that the Completion Arrangements Arrangements
application will be deemed refused. Certificate
Management
Fire &
and Maintenance
Emergency File
Arrangements
Between Gateway 2 and 3
During construction, it is proposed Planning Building Safety
Statement Risk Register
that those involved in the design and
construction process will be required to: GOLDEN THREAD
Partial Compliance
Completion Approach
• comply with their duties, co-operate, co- CONTENTS AT GATEWAYS Strategy Statement

ordinate, communicate
• be competent or have organisational
capability;
• follow statutory change control
requirements;
• meet robust record-keeping
requirements;
• develop and maintain the golden thread;
• report fire and structural safety
occurrences in line with their mandatory
occurrence reporting requirements.
13
APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
Building Control Approval Applications
It is proposed that a building control
approval application must be made in
writing, signed by the applicant, and must
include:
• the name, address, telephone number
and (if available) an email address of:
• the client;
• the Principal Contractor (or sole
contractor); and
• the Principal Designer (or sole or lead
designer);
• a description of the existing building
where the work is on an existing building;
and
• a description of the proposed HRB work.
Applications must accompanied by:
• a scale plan showing the size and
position of the building and its
relationship to adjoining boundaries and
the size, position and use of every other
building or proposed building and any
street within the curtilage;
• such other plans as necessary to show
that the HRB work would comply with all
applicable requirements of the building
regulations;
• ‘a competence declaration’;
• ‘a construction control plan’;
• ‘a change control plan’;
• ‘a design and build approach document’;
• ‘a fire and emergency file’;
• the client’s arrangements for maintaining
‘the golden thread information’;
• a copy of the ‘key building information’
for the proposed building;
• ‘a planning statement’.
Competence declaration
A competence declaration is a signed
statement by the client confirming that
they have taken all reasonable steps to be
satisfied that the Principal Designer and
Principal Contractor (the principal duty
holders) they have appointed have satisfied
the requirements of the Dutyholder
Regulations.
It is proposed that the declaration must
be accompanied by documentation
setting out the step the client has taken
to satisfy themselves of the competence
of the Principal Designer and Principal
Contractor. This must include the steps
taken to determine whether the person
(organisation) has committed a a serious
infraction, and the detailed consideration
of their previous conduct, in particular
any serious infraction, which might call
into question their competence in relation
to the work in question, their reasons
for appointing them nonetheless and
the measures the dutyholder who made
the appointment will take to mitigate the
effects of the appointment.
Construction Control Plan
The purpose of the proposed construction
control plan is to ensure that, before
construction starts, dutyholders have clear
strategies in place to ensure compliance
with all applicable building regulations will
be maintained during building work.
It is proposed that the construction
control plan should focus on cooperation,
coordination, communication and
competence and must set out the
strategies, policies and procedures the
client has adopted:
• for planning, managing and monitoring
the higher-risk building work so as to
ensure compliance with:
o the applicable requirements of the
building regulations and to record
evidence of that compliance;
o which dutyholder is responsible for
meeting the dutyholder duties;
• to identify, assess and keep under review
the competence of the persons carrying
out the higher-risk building work or
involved in the design of the higher-risk
building. This must include the steps
taken to determine whether the person
has committed a serious infraction,
and the detailed consideration of their
previous conduct, which might call into
question their competence in relation to
the work in question;
• to support co-operation between
designers, contractors and any other
persons involved in the higher-risk
building work, including the sharing of all
necessary information;
• A construction control plan must include:
o a schedule giving the name of
each person who at the date of the
application was appointed by the
client or the principal duty holders.
o the policies the client has adopted to
review the construction control plan.
 
Change control plan
The purpose of the proposed change
control plan is to ensure that dutyholders
carefully consider the implications of
changes from their original building control
approval before they are made, and that all
controlled changes are recorded to ensure
that plans and prescribed documents are
updated to reflect the building work ‘as
built’ rather than ‘as-designed’.
It is proposed that the change control plan
should include the strategies, policies
and procedures the client has adopted to
ensure:
• any controlled change takes place
in accordance with change control
requirements; and
• each controlled change is logged
in accordance with record-keeping
requirements.
The plan must explain:
• how proposed changes will be identified
and to whom they must be reported;
• how the impacts of proposed changes
are identified and considered;
• in relation to proposed changes, the
decision-making procedures adopted
for agreeing a change including whose
advice is to be sought;
• how changes are recorded and by when;
• the procedure to identify which changes
require notification to the Building Safety
Regulator and which changes require
a change control application to the
Building Safety Regulator before the
change can occur; and
• how the effectiveness of the change
control strategy will be reviewed by
dutyholders.
It is also proposed that the change control
plan should include a change control log
that includes the following information:
• the name of the individual recording the
change;
• a description of the proposed change;
• an explanation of the reason why the
change has been proposed;
• whether the change is a notifiable
change or a major change;
• a list of the name and occupation of
each person, if any, whose advice was
sought in relation to the proposed
change and a brief summary of any
advice provided;
• an assessment of which agreed
document is affected by the proposed
change and confirmation that a revised
version has been produced; and,
• an explanation, in relation to the
proposed change, of how:
o the higher-risk building work will,
after the proposed change is carried
out, meet all applicable building
regulations; and
o the strategies, policies and procedures
in relation to the higher-risk building
work (including in relation to controlled
changes, mandatory occurrence
reporting, competence of persons
or sharing of information and co-
operation) will, after the proposed
change is carried out, meet relevant
requirements.
14
APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
Change Control
Before any controlled change can be
carried out, the client must ensure:
• a record is made of the controlled
change; and
• a revised version of any agreed
document affected by the controlled
change is produced.
Controlled changes are:
• to carry out work otherwise than in
accordance with the current plans;
• to depart from the strategies, policies
and procedures described in the current
construction control plan (including a
change to the mandatory occurrence
reporting system);
• to change the arrangements to create
and maintain the golden thread
information from those described in the
current statement.
A controlled change must be recorded by
entering the following information in the
change control log:
• the name of the individual recording the
change;
• a description of the proposed change;
• an explanation of the reason why the
change has been proposed;
• whether the change is a notifiable
change or a major change;
• a list of the name / occupation of each
person, if any, whose advice was sought
in relation to the proposed change and a
brief summary of any advice provided;
• an assessment of which agreed
document is affected by the proposed
change;
• an explanation, in relation to the
proposed change, of how:
o the work will, after the proposed
change is carried out, meet all
applicable building regulations, and
o the strategies, policies and procedures
in relation to the work will, after the
proposed change is carried out, meet
the requirements the regulations.
 
Mandatory Occurrence Reports
Mandatory occurrence reporting will require
dutyholders to report safety occurrences to
the BSR.
A safety occurrence will be defined as:
• in relation to a design, an aspect of the
design relating to the structural integrity
or fire safety of a higher-risk building that
would, if built, meet the risk condition;
• otherwise, an incident or situation
relating to the structural integrity or fire
safety of a higher-risk building that meets
the risk condition.
The proposed definition of the “risk
condition” is that use of the building in
question without the incident or situation
being remedied would be likely to present
a risk of a significant number of deaths,
or serious injury to a significant number of
people.
Where there is a safety occurrence during
the construction phase, a Principal
Designer and Principal Contractor (the
principal dutyholders) must on becoming
aware of the occurrence:
• notify the regulator of the safety
occurrence by the quickest practicable
means without undue delay; and
• provide the regulator with a written report
of the occurrence within 10 calendar
days.
It is proposed that the notification and
report must include:
• the date and time of the safety
occurrence;
• the address of the site at which the
occurrence happened;
• name and contact details of the principal
dutyholder making the report;
• the type and details of the occurrence
(including the nature of the risk).
Where, in relation to HRB work, the client
appoints principal duty holders, they
must take all reasonable steps to satisfy
themselves that the persons appointed
are able to fulfil the requirements for a
mandatory occurrence reporting system
and mandatory occurrence reporting.
 
Design and Build Approach Statement
The purpose of the proposed design and
build approach document is to encourage
dutyholders to carefully consider how
compliance will be achieved for each
applicable building regulation requirement
before construction starts. As part of the
design and build approach document,
they will be required to set out whether
they intend to follow any guidance to meet
the building regulations requirements (e.g.
Approved Documents, British Standards,
Design Codes, etc.).
The government consider this vital as
following Approved Documents is a
common means to try to ensure building
work complies with building regulations
and whilst this approach may be
entirely appropriate for typical building
work scenarios, it does not guarantee
compliance, as the Approved Documents
are not relevant to all situations. It is
therefore important that dutyholders
carefully consider their approach to
complying with building regulations and
whether it is appropriate for their specific
project.
It is proposed that a design and build
approach document must set out the
approach taken in designing the HRB and
the building standards to be applied, in
particular:
• any assumptions made in the design
of the building as to the intended
occupiers of the building and their likely
characteristics and behaviours, and the
intended management or maintenance of
the building, and justification for making
those assumptions;
• the approach taken in relation to
each element of the building to
ensure compliance with all applicable
requirements of the building regulations;
• where compliance is not intended to
be achieved by following an approach
specified in an approved document,
the reasons for adopting an alternative
approach to compliance together with
an explanation of why the alternative
approach is appropriate for the building
and how it ensures compliance with all
applicable requirements of the building
regulations.
15
APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
Fire and Emergency File
The purpose of the proposed fire and
emergency file is to ensure that building
safety risks are appropriately considered
before construction starts and that
assumptions behind the designs and how
the building will be used are realistic and
carefully considered, with a clear rationale
behind those assumptions.
It is proposed that a fire and emergency file
must explain:
• the matters that were considered when
assessing how the building safety risks
could impact the proposed building;
• the proposals adopted in designing the
proposed building to ensure compliance
with the applicable requirements of
the building regulations relating to the
building safety risks;
• the measures, strategies and policies it
is proposed the building owner should
adopt in order to manage and maintain
the proposed building;
• any assumptions made in those
measures, strategies and proposals
as to the intended occupiers of the
building and their likely characteristics
and behaviours, and the intended
management or maintenance of the
proposed building;
• the approach taken in relation to the
proposed building to ensure compliance
with all applicable requirements of
the building regulations relating to the
building safety risks.
Golden Thread of Information
The golden thread during design and
construction of higher-risk buildings should
enable the right people at the right time to
have information to support compliance
with all applicable building regulations,
including those relating to building safety.
Managing the information is a key part of
the golden thread to ensure that people
can trust that the information is accurate
and up to date and can access and share
this information as required.
On buildings within the scope of the
new regulatory system for higher-risk
buildings, it is proposed that the client is
responsible for ensuring there are suitable
arrangements in place for the creation,
maintenance and management of the
golden thread.
Although the client will have a high-level
of overall responsibility for ensuring
the arrangements are in place, it is the
Principal Designer who will update and
manage the golden thread through the
design phase of the project, and the
Principal Contractor who will update and
manage it through the building phase.
It is expected that the design and
construction phases will overlap and
influence each other, rather than run
consecutively.
The arrangements must include:
• arrangements for an electronic facility
to be created and maintained by the
client (or someone on their behalf) for
the purpose of holding the golden thread
information; and
• procedures for persons involved with the
HRB work to maintain any golden thread
information in the electronic facility
provided.
On a new HRB, the golden thread and
the systems for storing the golden thread
must be in place before the building control
approval application at Gateway 2. It is
desirable however, for the golden thread to
be started at the earliest possible stage.
It is proposed that all the information that
the applicant has to submit as part of
the building control approval application
should be stored in the golden thread.
It is proposed that the Principal Designer
will be specifically responsible for:
• creating and developing the golden
thread (although initial information about
the building may be provided by the
client) and managing and updating this
throughout the design phase;
• finalising the golden thread and handing
it over to the Principal Contractor on
completion of the design phase;
• collaborating with the Principal
Contractor to ensure any design work
done during the construction phase is
captured in the golden thread;
• ensuring that the golden thread meets
the required standards/principles; and
• cooperating and sharing information with
the Principal Contractor as necessary.
During construction sufficient information
(evidence) must be captured to show:
• how the building work itself conforms to
the design that was approved, including
any approved changes; and
• how the building satisfies all the
applicable functional requirements.
It is proposed that the Principal Contractor
will be specifically responsible for:
• managing and updating the golden
thread throughout the construction
phase;
• finalising the golden thread and
handing it over to the client at building
completion;
• ensuring that the golden thread meets
the required standards/principles; and,
• cooperating, collaborating and sharing
information with the Principal Designer
as necessary.
It is proposed that the client, Principal
Designer and Principal Contractor are
placed under a duty to ensure that the
information and prescribed documents in
the golden thread should be maintained
and managed so that the golden thread
remains relevant, useful and proportionate.
Other dutyholders will be required to
provide information and be responsible for
updating information when necessary. They
may not interact directly with the golden
thread IT/digital system - they may instead
provide information to be input into the
system by the Principal Designer or the
Principal Contractor.
Although the golden thread during
construction needs to contain evidence
that the building satisfies all the applicable
functional requirements of the building
regulations, the golden thread during
occupation will only need to contain
information relating to building safety risk.
The Golden Thread is both:
• the information about a building that
allows someone to understand a building
and keep it safe; and
• the information management to ensure
the information is accurate, easily
understandable, can be accessed by
those who need it and is up to date.
The Golden Thread will:
• apply through design, construction,
occupation, refurbishment and ongoing
management of buildings
• show that the building was compliant
with all applicable functional
requirements of building regulations
during its construction.
• provide evidence of meeting the
requirements of the new building
control route throughout the design and
construction and refurbishment of a
building
• identify, understand, manage and
mitigate building safety risks in order
to prevent or reduce the severity of the
consequences of fire spread or structural
collapse throughout the life cycle of a
building
• be stored, managed, maintained and
retained in line with the golden thread
principles.
16
APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
The information stored in the golden thread
will be reviewed and managed so that the
information retained, at all times, achieves
these purposes
The golden thread covers both the
information and documents and the
information management processes (or
steps) used to support building safety.
The golden thread information should be
stored as structured digital information.
The golden thread must:
• be accurate and trusted;
• facilitate residents feeling secure in their
homes;
• enable culture change;
• be the single source of truth;
• be secure;
• drive improved accountability;
• be understandable and consistent;
• be simple to access;
• be easily handed over and maintained
over the entire lifetime of a building; and
• be relevant and proportionate.
Planning statement
The purpose of the proposed planning
statement is to ensure the BSR is aware of
the planning status (if any) of the proposed
building work. It is proposed that a
planning statement confirms that planning
permission:
• is not required,
• has been granted and specifies if any
optional requirement applies to the work,
and if so, which, or
• has not yet been granted, and that the
required information will be supplied
before the end of the period of 28 days
beginning with the day after the date on
which planning permission is granted.
Commencement notice
It is proposed, that at least two working
days before the day the HRB work
commences, the client, or someone on
behalf of the client, must give a notice to
the regulator setting out their intention to
commence the work.
New Clients
It is proposed, where a person ceases to
be the client in relation to the work, they
must, with 28 days, provide the new client
with:
• a copy of the golden thread information;
• information (including plans, drawings
and other documents) which is sufficient
to detail the work comprised in the
project;
• a document explaining the arrangements
made under regulation 3 (suitable
arrangements) of the Dutyholder
Regulations;
• notify the regulator of the date they
ceased to be the client and the name,
address, telephone number and (if
available) an email address of the new
client
Where the client dies, becomes insolvent
or is incapacitated, these requirements
apply to the administrator.
Notification of a Principal Contractor or
Principal Designer
It is proposed that if, at any time after
building control approval for HRB work
is granted the client appoints a Principal
Contractor or Principal Designer, then the
client must send to the regulator a signed
notice that provides:
• the name and contract details of the PD
or PC; and
• confirmation that the PD or PC has
the necessary SKEB or organisational
capability.
Completion notice
It is proposed that after the HRB work is
completed, and before or at the same time
as the completion certificate application
for the work is submitted, the client, or
someone on behalf of the client must notify
the regulator in writing that the HRB work
has been completed.
Completion certificate
It is proposed that after completing HRB
work a written application for a completion
certificate must be made, signed by the
client or someone on behalf of the client,
and must include:
• the name and contact details of the
client;
• the name and contact details of the
principal duty holders;
• a statement confirming that the
completion certificate application is
made under the new regulations;
• a statement, signed by the client
or someone on behalf of the client,
confirming that to the best of the client’s
knowledge the higher-risk building,
as built, complies with all applicable
requirements of the building regulations;
• a statement, signed by both the client (or
someone on behalf of the client) and the
relevant person, confirming that a copy
of the golden thread information and the
key building information was provided
to the relevant person and the relevant
person has received them.
• a description of the HRB work, that
includes the:
o location of the HRB created by the
work;
o details of the intended use of the HRB
and the intended use of each storey;
o height of, and number of storeys in,
the HRB;
o provision to be made for the drainage
of the HRB including any required
precautions taken in the building
over a drain, sewer or disposal main
to comply with applicable building
regulations; and
o steps taken to comply with any local
enactment that applies.
• a scale plan showing the size and
position of the building and its
relationship to adjoining boundaries etc.;
• such other plans that are necessary to
show that the HRB work complied with
applicable building reg requirements;
• the following prescribed documents:
o the construction control plan and
confirmation that it has been followed;
o the change control plan and
confirmation it has been followed;
o the design and build approach
document and confirmation it has
been followed;
o a fire and emergency file;
• compliance declarations.
17
APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview
Compliance declarations
It is proposed that the following must
be included in a completion certificate
application for an HRB:
• A statement, signed by the client or
someone on their behalf such as the
company’s director, confirming that to
the best of the client’s knowledge the
higher-risk building, as built, complies
with all applicable requirements of the
building regulation. The client will not be
able to delegate responsibility for signing
the statement to an external organisation
such as the Principal Designer or
Principal Contractor;
• A compliance declaration signed by each
Principal Designer involved in the project
at any stage with their contact details;
dates of appointment; and a statement
confirming that they took all reasonable
steps to fulfil their duties as a Principal
Designer under the proposals set out
in the previous section on dutyholders;
and,
• A compliance declaration signed by
each Principal Contractor involved in the
project at any stage with their contact
details; dates of appointment; and a
statement confirming that they took all
reasonable steps to fulfil their duties as a
Principal Contractor under the proposals
set out in the previous section on
dutyholders.
Golden thread information and key
building information
It is proposed that as part of the
completion certificate application, the client
must hand over the golden thread to the
relevant person. The relevant person will be
different depending on whether the building
is in scope of the occupation regime.
Every building in scope of the new regime
to which Part 4 of the Building Safety Act
2022 will apply (multi-occupied high-rise
residential buildings) will have a principal
accountable person. The principal
accountable person will be the relevant
person.
For buildings that are in scope of the
design and construction regime but are
not in scope of the occupation regime
(for instance, in-scope hospitals and care
homes), the Fire Safety Order and the
Housing Act 2004 will continue to regulate
how standards are enforced to manage the
overall safety of residents. Therefore, for
these buildings the relevant person will be
the Responsible Person.
It is proposed that the information to be
handed over to the relevant person will be:
• the information required to be submitted
to the Building Safety Regulator in a
completion certificate application (the
prescribed documents);
• the relevant information and evidence
required to support the prescribed
documents;
• the completion certificate issued by
the Building Safety Regulator under the
building regulations; and,
• any further information that is relevant to
the ongoing safety of the building and is
not covered by the material above – this
could include documents/information
required to be submitted to the Building
Safety Regulator at building control
approval stage, and information required
through the statutory change control
process during the construction phase.
It is also proposed that the client and
relevant person must co-sign a statement
confirming that a copy of the design and
construction golden thread information
was provided to the relevant person, and
the relevant person has received that
information.
Partial completion
The government intends to permit partial
completion for higher-risk buildings.
However the occupation of a higher-risk
building in phases must never come at the
expense of resident safety and it must not
introduce greater risk than only allowing
occupation once all building work is
complete.
Section 76 of the Building Safety Act 2022
ensures that no residential unit within a
new higher-risk building can be occupied
without a relevant completion certificate,
as evidence that the building work in that
part complies with building regulations’
requirements. This will ensure that there
is a ‘hard stop’ for buildings occupied in
stages.
Partial Completion Strategy
It is proposed that where a dutyholder
intends to occupy a higher-risk building
in phases, a partial completion strategy
is provided at Gateway 2 to compel
dutyholders to think ahead to the safety
of residents in the occupied building
right from the design stage. The Partial
Completion Strategy will need to explain
the following:
• the proposals adopted in designing
for occupation of each part of the
proposed building to be completed to
ensure compliance with the applicable
requirements of the building regulations;
• the measures, strategies and policies it
is proposed the building owner should
adopt in order to manage and maintain
each such part of the proposed building;
and,
• any assumptions made in those
measures, strategies and proposals as to
the intended occupiers of each such part
of the proposed building and their likely
characteristics and behaviours, and the
intended management or maintenance of
each such part of the proposed building.
Assessing completion certificate
applications
As proposed and as should be the case
with building control approval applications
and change control applications, it is
expected that the BSR must also consult
relevant enforcing authorities, for example
fire and rescue authorities.
In line with the approach taken for
building control approval applications, it is
proposed that the BSR must not determine
the completion certificate application
before 15 working days after the date
on which the plans were provided to the
fire and rescue authority and sewerage
undertaker has passed, or until both parties
have provided a response (if sooner than
the 15 working days).
Before determining a completion certificate
application the BSR must arrange an
inspection of the completed work to
assess whether the work complies with the
building regulations.
18

APS Briefing:
Building Safety Act 2022
Briefing Note 1 Overview

Construction products
The Building Safety Act 2022 creates powers to make regulations to:
• require construction products to be safe before they can be placed on the UK market; and
• create a statutory list of ‘safety critical’ construction product standards.

Secondary legislation, which will be subject to consultation in the Summer, will require construction products to be safe before they can be placed
on the UK market, minimising any risk to health and safety through their use.

The Government will work with industry to identify ‘safety critical’ construction products that could cause death or serious injury if they were to fail.
These will be required to perform to specific standards.

Bibliography
1. Building a Safer Future: Independent Review of Building
Regulations and Fire Safety: Final Report https://assets.
publishing.service.gov.uk/government/uploads/system/
uploads/attachment_data/file/707785/Building_a_Safer_
Future_-_web.pdf
2. Building Safety Act 2022 https://www.legislation.gov.uk/
ukpga/2022/30/contents/enacted
3. Building Act 1984 https://www.legislation.gov.uk/
ukpga/1984/55
4. The Building Regulations 2010 https://www.legislation.gov.uk/
uksi/2010/2214/contents/made
5. The Architects Act 1997 https://www.legislation.gov.uk/
ukpga/1997/22/contents
6. The Housing Act 1996 https://www.legislation.gov.uk/
ukpga/1996/52/contents
7. The Regulatory Reform (Fire Safety) Order 2005 https://www.
legislation.gov.uk/uksi/2005/1541/contents/made
8. Construction (Design and Management) Regulations 2015
https://www.legislation.gov.uk/uksi/2015/51/contents/made
9. Building Safety Consultations -Citizen Space
https://consult.levellingup.gov.uk/building-safety-
consultations/
10. Fees and Charges Consultation
https://consultations.hse.gov.uk/bsr/fees-and-charges-regs/
Consultations
Building Safety Act Secondary Legislation
The Department of Levelling Up, Housing and Communities [DLUHC] are
consulting on the requirements of the Building Safety Act 20222 that they
propose to implement through secondary legislation. This consultation will
last for 12 weeks from 20 July 2022 to 12 October 2022.
DLUHC are not consulting on the draft regulations but on the policy and
technical requirements that they propose to set in regulations. This is
the because the focus of the consultation is on getting feedback from
stakeholders on the policy and not on discussing the specific legal drafting of
the regulations.
Readers of this guidance are encouraged to take part in the consultation
details of which can be found using the links below.
Citizen space for all open building safety consultations
Building Safety Consultations -Citizen Space
HTML versions (accessible versions)
Part 3 –Design and Construction –changes to the Building Regulations
Implementing the new Building Control Regime for Higher-Risk buildings and
wider changes to the Building Regulations for all buildings
Part 4 –In occupation
The In-occupation Regime for Occupied Higher-Risk Buildings

The Building Safety (Fees and Charges) Regulations 202[3] and

charging scheme
Further information
This government are also consultating on the Building Safety (Fees
and Charges) Regulations and an underpinning charging scheme.
The Building Safety Act 2022
The consultation will last for 10 weeks from the 1st August 2022 to 7th
https://www.legislation.gov.uk/ukpga/2022/30/contents/enacted
October 2022.

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