Overview

This Lunch & Learn webinar, hosted by Matt Hodges-Long and featuring guest speaker James Capper, delved into the ongoing implementation of the Building Safety Act 2022. It revealed significant hurdles and practical difficulties faced by the industry. Discussions highlighted a chaotic HRB registration dataset, regulatory oversights, and the strain on various stakeholders due to the Act’s complex requirements and the Building Safety Regulator’s (BSR) operational challenges.

Here are the key takeaways from the discussion:

Details

• Disorganised HRB Registration Data: The existing Higher-Risk Building (HRB) registration dataset is described as “an absolute mess” due to duplicates, missing information, and inaccurate building measurements, complicating efforts to identify and regulate the true number of HRBs.
• Regulatory Focus Skewed Towards New Builds: A significant concern raised was the disproportionate regulatory attention on new developments, neglecting the substantial existing housing stock that also requires crucial safety improvements.
• Gateway 2 Delays and Real-World Impact: The approval process for Gateway 2, essential for construction projects in higher-risk buildings, is experiencing severe delays, often 20-50 weeks instead of the stipulated 12. This is causing significant operational and financial repercussions.
• Challenges with Building Assessment Certificates (BAC): Principal Accountable Persons (PAPs) face difficulties in submitting accurate safety case reports due to unavailable historical data, leading to intrusive surveys and frustrating interactions with the BSR.
• BSR’s Incompatible Charging Regime and Invoicing Issues: The BSR’s funding model and invoicing practices are proving incompatible with the Landlord and Tenant Act, making it difficult for managing agents to budget for and recover costs from leaseholders.
• Volunteer Director Liability: Volunteer directors in building management structures are exposed to significant legal liability, including unlimited fines and potential prison time, under the new legislation, with current insurance policies likely not covering such penalties.

Summary

The webinar painted a clear picture of an industry grappling with the ambitious but challenging implementation of the Building Safety Act 2022. From data quality issues and regulatory bottlenecks to financial incompatibilities and legal liabilities for volunteers, it’s evident that significant work remains to be done to streamline processes and ensure effective building safety across all types of properties.