Mike Smith is Technical Director of the Electrical Contractors Association
The recent introduction of several secondary regulations of the Building Safety Act means a change in the way in which electrical companies must approach their work.
The bill, which became law in April 2022, is not just a piece of primary legislation. It is the foundation of a new building safety regime for construction and beyond, and set in motion changes that will have a major impact on all sectors of the industry, and ours in particular.
In September 2023, the Department of Leveling, Housing and Communities (DLUHC) published the following regulations under the Building Safety Act:
- Building regulations, etc. (Amendment) (England) Regulations 2023
- The Building Regulations (Higher-Risk Building Procedures) (England) 2023
- Building Regulations (Approved Inspectors etc and Review of Decisions) (England) 2023
- Higher Risk Buildings (Safety Risk Management etc.) Regulations 2023 (England)
- Safety in Buildings Act 2022 (Consequential Amendments etc.) Regulations 2023
“There is a lot of information coming into the industry about the new building safety regime, which can seem overwhelming”
The first important point to highlight is that the requirements in the new building security regime, brought about by the 2022 Act and the new regulations, they apply to all building work that is “Notifiable”, not just Higher Risk Buildings (HRBs). This is essential information because building regulations etc. (amendment) (England) 2023 include fundamentally important descriptions of general (and HRB-specific) competency requirements and duty holders. In addition, while the new regulations cover fire safety, they also cover the other notifiable aspects of building regulations.
For new works notified after 1 October 2023, those responsible must manage building safety risks during the design, construction, alteration and maintenance of all buildings. Duty holders can be clients, designers and contractors, and clients have a statutory duty to appoint only those businesses or individuals who can provide evidence of competence to deliver what is required of them under the new regulations and the building regulations. Contractors now have a duty to assess their competence and to reject work for which they do not have the appropriate skills, knowledge, experience and behaviors (SKEB).
The term “competency” in the regulations is required of all persons who carry out mandatory declaration works. Organizations must also be able to demonstrate that they have the appropriate “organizational capacity” to ensure compliance. This means, for example, that business owners and managers know and can show sufficient SKEB for all employees and subcontractors involved.
This raises the question of what constitutes competition for the electrotechnical sector. Competency in the new regulations means “having the right SKEB” for your role. However, more detailed definitions of occupational competence are still being developed.
The Electrical Contractors Association (ECA) is represented on the competition working groups and will report to its members on progress. In addition, the ECA chairs the Build UK Common Assessment Standard (CAS) review group, which seeks to develop the CAS so that it can demonstrate organizational competence during pre-qualification, based on the new requirements of those responsible. These changes should be introduced around April 2024.
Higher risk buildings
The Building (High Risk Building Procedures) (England) Regulations 2023 apply to buildings that contain at least two residential units and are at least 18 meters (or seven storeys) in height. Hospitals and nursing homes are included in this definition. In particular, hotels, secure residential institutes and military accommodation are not included. HRBs (when they are not hospitals or care homes) must now register with the Building Safety Regulator.
The “golden thread” principle also applies to HRBs. This is a record of information about the design, construction and occupation of the building and must be kept in an accurate, up-to-date and accessible format. For contractors, the information should be used to ascertain the purpose of the systems they are working on and to work towards that goal. This applies equally to construction and ongoing modification, maintenance or repair.
Another important regulation for HRBs in particular is mandatory “occurrence reporting”. This covers any structural or fire safety event related to the design or construction phase which (if not remedied) would present a risk of death or serious injury during occupation. Designers/principal contractors must establish a system for each project to report incidents to the building safety regulator.
For ECA or Fire and Safety Association members, these events may include issues related to fire containment within elevations or structural elements; holes in steel; or inadequate fire protection around building services and doors.
As noted, the regulations introduced in September mark a starting point for major change, and further developments are on the way, including new rules on product standards.
There is a lot of information coming into the industry about the new building safety regime, which can seem overwhelming. The message of the ECA is to stay informed and engage with the ECA. “Competition” will include understanding the new regulations and their implications for your business and your customers, making this topic critical for contractors of any size.
