The Building Safety Regulator (BSR) plans to modify how it issues building assessment certificates (BACs).
The proposed new approach will be more proportionate and targeted. It will also offer greater support to resident-led principal accountable persons (PAPs).
The building assessment certificate foundation plan responds to feedback from PAPs, financial institutions and other stakeholders. It addresses the implementation of requirements for occupied higher-risk buildings (HRBs) introduced in the Building Safety Act 2022.
Meanwhile, dangerous cladding will be removed from lower-rise buildings with serious fire safety risks, thanks to new government funding.
The new funding for under 11 metre buildings will be part of the existing Cladding Safety Scheme, with support prioritised for those facing the greatest risk.
Serious cladding problems are less common in lower-rise buildings, and they are not covered by existing leaseholder protections. As a result, leaseholders can be left facing large bills to fix safety issues they did not cause.
The new funding will help protect leaseholders from these costs and ensure the most unsafe buildings can be made safe.
The new BSR plan on more targeted approaches aims to:
- ensure building safety legal duties remain in place for more than 6,000 legally responsible PAPs and accountable persons (APs) of HRBs across England while the plan is developed
- apply learning from the introduction of the BAC regime to improve assessment processes
- only call in new applications when necessary until improved processes are agreed and communicated to duty holders
- prioritise applications already undergoing an assessment
- explore options for proportionate, fast-track reassessments for previously refused certificates once standards are met
- provide greater, more targeted support to resident-led PAPs
- help protect residents and leaseholders from unnecessary or unexpected costs
- continue to work with the Ministry of Housing, Communities and Local Government (MHCLG) to inform potential long-term legislative changes
Ongoing duties of PAPs and APs under the act remain in place. Whatever changes are made to how BSR approaches its work on BACs, all PAPs and APs must continue to manage their buildings to ensure residents are safe from the risks of fire spread and structural failure.
BSR will shift its approach to ensure it is more proportionate, intelligence-led, and risk-based. During this transition, BSR will concentrate on working through existing applications until future processes are finalised.
Lord Roe, BSR Board Chair, said: “We recognise the first rollout of the building assessment certificate regime presented significant challenges and costs for duty holders, with determination times and refusal rates falling short of our expectations.
“This shift in strategy and our longer-term plans are a clear and practical targeted package of measures to reset the system.
“By doing this and supporting all accountable persons to carry out their essential and ongoing legal duties, we can ensure many high-rise residents see the high safety standards they deserve and expect, without facing additional financial burdens.”
Charlie Pugsley, Acting CEO of BSR, said: “As we enter an important new chapter as a standalone body, our priority is on strengthening safety, building trust and working together with industry.
“Speed cannot come at the cost of safety, but neither can unnecessary complexity. We are committed to a new proportionate approach to assessments as well as providing updated guidance, resources and support.
“This is so duty holders, especially those in resident-managed buildings, are ready to demonstrate compliance whenever asked.
“Meeting these standards will ensure residents in thousands of high-rise buildings across England feel safe and are safe in their homes.”
Expanded support on unsafe cladding
Building Safety Minister, Samantha Dixon said the new funding for cladding removal is part of a wider change to how buildings are prioritised for remediation. Instead of focusing mainly on building height, the government will prioritise buildings based on the risk they pose to residents, ensuring those with the most serious safety concerns are addressed first.
The announcement delivers on commitments set out in the Remediation Acceleration Plan and builds on work to address the failings set out in the Grenfell Inquiry. The upcoming Remediation Bill will go even further to ensure landlords deliver on their responsibility to fix unsafe buildings.
The Minister said: “Residents shouldn’t be left worrying about living in homes with dangerous, flammable cladding, just because their building isn’t tall enough to qualify for funding.
“That’s why we’re taking action so that buildings posing the greatest risk to life are prioritised, as well as streamlining processes to minimise delays and make responsibilities clear.”
Chief Executive of the National Housing Federation, Kate Henderson welcomed the government’s decision to prioritise building safety remediation according to risk and to extend funding to lower-rise buildings with the most serious safety concerns.
“This is an approach the sector has long called for, as height alone is not a reliable measure of risk, and will ensure capacity is directed to where it’s needed most,” she continued.
“Housing associations continue to work hard to make all their buildings safe. The social housing sector is leading the way on remediation, but the scale and complexity of the challenge mean government support remains essential.
“This announcement is an important step towards accelerating remediation and ensuring residents in buildings of all heights feel safe in their homes. We will continue to work closely with the government to ensure all buildings with serious external wall safety risks are remediated as quickly as possible.”
