The RIBA has published a guide for its members on the legal implications of the Building Safety Act and other draft regulations in England.
The RIBA developed the guide with the law firm, Simmons & Simmons LLP, to help members understand key issues affecting architects from the implementation of the Building Safety Act 2022 (BSA), the Building Act 1984, and related regulations that are likely to be introduced.
The Building Safety Act 2022: Initial Guide for Architects provides practical tips and describes where practitioners need to be aware of changes to liability and insurance cover. It will serve as an important tool for practitioners to ensure they have good practices and procedures in place to avoid breaching regulations.
The guide outlines:
- New ‘dutyholder’ roles that may be created
- New obligations, and what these mean for how practitioners provide their services
- The new ‘gateway’ process which may apply to the design and construction of high-rise residential buildings
- The new or extended civil actions and criminal sanctions that the BSA brings in
- How practitioners may be exposed to such liabilities for both new projects and existing properties
- The impact on and availability of insurance coverage
RIBA Director of Practice and Individual Knowledge, Alex Tait, said: “This initial guide gives practitioners essential information about how the BSA will impact their work. We’re pleased to have worked with Simmons & Simmons to give our members confidence that they will be able to work within the new regulatory framework and know what to expect. As the legislation develops, we will keep our members informed.”
Simmons & Simmons LLP said: “We are delighted to work with the RIBA in the preparation of an Initial Guide for Architects relating to the Building Safety Act 2022, which is one of the most significant pieces of legislation in relation to building safety to impact the industry in some 20 years. We will also continue to assist RIBA with an updated version of the guide in future once additional regulations and guidance are published, as there are a number of issues that architects need to grapple with.”
